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Texas Penal Code - Section 39.02. Abuse Of Official Capacity

Legal Research Home > Texas Laws > Penal Code > Texas Penal Code - Section 39.02. Abuse Of Official Capacity

§ 39.02. ABUSE OF OFFICIAL CAPACITY.  (a) A public 
servant commits an offense if, with intent to obtain a benefit or 
with intent to harm or defraud another, he intentionally or 
knowingly:
		(1)  violates a law relating to the public servant's 
office or employment;  or
		(2)  misuses government property, services, personnel, 
or any other thing of value belonging to the government that has 
come into the public servant's custody or possession by virtue of 
the public servant's office or employment.
	(b)  An offense under Subsection (a)(1) is a Class A 
misdemeanor.            
	(c)  An offense under Subsection (a)(2) is:                                    
		(1)  a Class C misdemeanor if the value of the use of 
the thing misused is less than $20;
		(2)  a Class B misdemeanor if the value of the use of 
the thing misused is $20 or more but less than $500 ;
		(3)  a Class A misdemeanor if the value of the use of 
the thing misused is $500 or more but less than $1,500;
		(4)  a state jail felony if the value of the use of the 
thing misused is $1,500 or more but less than $20,000;
		(5)  a felony of the third degree if the value of the 
use of the thing misused is $20,000 or more but less than $100,000;  
		(6)  a felony of the second degree if the value of the 
use of the thing misused is $100,000 or more but less than $200,000;  
or
		(7)  a felony of the first degree if the value of the 
use of the thing misused is $200,000 or more.
	(d)  A discount or award given for travel, such as frequent 
flyer miles, rental car or hotel discounts, or food coupons, are not 
things of value belonging to the government for purposes of this 
section due to the administrative difficulty and cost involved in 
recapturing the discount or award for a governmental entity.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.  
Amended by Acts 1983, 68th Leg., p. 3241, ch. 558, § 7, eff. 
Sept. 1, 1983.  Renumbered from V.T.C.A., Penal Code § 39.01 and 
amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 
1994.

Last modified: August 11, 2007