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What are the rules regarding official misconduct in New York?

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What are the rules regarding official misconduct in New York?

Official Misconduct

A public servant’s guilty of official misconduct when, with intent to obtain some sort of benefit or deprive another person of a benefit, they commit an act that relates to their office but which constitutes an unauthorized exercise of their official functions, knowing that this act is unauthorized, or they knowingly refrain from performing a duty which is imposed upon them by law or is clearly inherent in the nature of their office. Official misconduct is considered a class A misdemeanor.

Concealment of a Human Corpse

A person’s guilty of concealment of a human corpse when after having a reasonable expectation that a human corpse or a part of one will be used as physical evidence in an official proceeding, autopsy as part of a criminal investigation, or an exam by law enforcement as part of a criminal investigation, the person, alone or with others, conceals, alters, or otherwise destroys the corpse or part of it with the intent to prevent its production, use, or even discovery. Concealment of a human corpse is a class E felony.

Obstructing Governmental Administration in the Second Degree

A person’s guilty of obstructing governmental administration when they intentionally obstruct, impair, or pervert the administration of law or prevent or attempt to prevent a public servant from performing an official function, by way of intimidation, physical force or interference, or by means of any unlawful act, or by way of interfering, whether or not physical force is involved, with any telecommunications systems owned or operated by the state, or else a county, city, town, village, fire district or emergency medical service, or even by way of releasing a dangerous animal under circumstances that ensure the animal obstructs governmental administration. Obstructing governmental administration is a class A misdemeanor.

Killing or Injuring a Police Animal

A person’s guilty of killing or injuring a police animal when they intentionally kill or injure any animal while the animal is in the performance of its duties, and also under the supervision of a police or peace officer. Killing or injuring a police animal is a class A misdemeanor.

Killing a Police Work Dog or Police Work Horse

A person’s guilty of killing a police work dog or police work horse when they intentionally kill a police work dog or police work horse while the dog or horse is in the performance of its duties and under the direct supervision of a police officer. “Police work dog” or “police work horse” means any dog or horse owned by any state or municipal police department or any state or federal law enforcement agency, which has been trained to help law enforcement officers and is being used for police work purposes. Killing a police work dog or police work horse is a class E felony.

Obstructing Governmental Administration in the First Degree

A person’s guilty of obstructing governmental administration in the first degree when they commit the crime of obstructing governmental administration in the second degree by way of interfering with a telecommunications system, causing serious physical injury to another person. Obstructing governmental administration in the first degree is a class E felony.

Obstructing Governmental Administration by Means of a Self-defense Spray Device

A person’s guilty of obstructing governmental administration by means of a self-defense spray device when, with the intent to prevent a police officer from performing a duty, they cause temporary physical impairment to a police officer by intentionally discharging a self-defense spray device, causing temporary physical impairment. Obstructing governmental administration by means of a self-defense spray device is a class D felony.

The term “disability” means “disability” as defined in subdivision twenty-one of section two hundred ninety-two of the executive law. Harming an animal trained to aid a person with a disability in the second degree is a class B misdemeanor.


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"Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them..."

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"Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet."

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Francis Anim
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