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What offense is committed when a public servant with an intent to obtain a benefit or 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?
What offense is committed when a public servant with an intent to obtain a benefit or 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?
"__________" Means to deal with property contrary to: (A) an agreement under which the public servant holds the property; (B) a contract of employment or oath of office of a public servant (C) a law, including provisions of the General Appropriations Act specifically relating to government property, that prescribes the manner of custody or disposition of the property; or (D) a limited purpose for which the property is delivered or received.
"__________" Means to deal with property contrary to: (A) an agreement under which the public servant holds the property; (B) a contract of employment or oath of office of a public servant (C) a law, including provisions of the General Appropriations Act specifically relating to government property, that prescribes the manner of custody or disposition of the property; or (D) a limited purpose for which the property is delivered or received.
A person commits what offense if he (1) intentionally subjects another to mistreatment or to arrest, detention, search, seizure, dispossession, assessment, or lien that he knows is unlawful; (2) intentionally denies or impedes another in the exercise or enjoyment of any right, privilege, power, or immunity, knowing his conduct is unlawful; or (3) intentionally subjects another to sexual harassment?
A person commits what offense if he (1) intentionally subjects another to mistreatment or to arrest, detention, search, seizure, dispossession, assessment, or lien that he knows is unlawful; (2) intentionally denies or impedes another in the exercise or enjoyment of any right, privilege, power, or immunity, knowing his conduct is unlawful; or (3) intentionally subjects another to sexual harassment?
A person commits what offense if a public servant in reliance on information to which the public servant has access by virtue of the person's office or employment and that has not been made public, the person: (1) acquires or aids another to acquire a pecuniary interest in any property, transaction, or enterprise that may be affected by the information; (2) speculates or aids another to speculate on the basis of the information; or (3) as a public servant, including as a school administrator, coerces another into suppressing or failing to report that information to a law enforcement agency?
A person commits what offense if a public servant in reliance on information to which the public servant has access by virtue of the person's office or employment and that has not been made public, the person: (1) acquires or aids another to acquire a pecuniary interest in any property, transaction, or enterprise that may be affected by the information; (2) speculates or aids another to speculate on the basis of the information; or (3) as a public servant, including as a school administrator, coerces another into suppressing or failing to report that information to a law enforcement agency?
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summarize what (1) "Law relating to a public servant's office or employment" is
summarize what (1) "Law relating to a public servant's office or employment" is
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What is the penalty for the offense ABUSE OF OFFICIAL CAPACITY if a public servant violates a law relating to the public servant's office or employment.
What is the penalty for the offense ABUSE OF OFFICIAL CAPACITY if a public servant violates a law relating to the public servant's office or employment.
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under the offense ABUSE OF OFFICIAL CAPACITY explain how the penalty is decided when a public servant (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.
under the offense ABUSE OF OFFICIAL CAPACITY explain how the penalty is decided when a public servant (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.
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What is the penalty given for the offense OFFICIAL OPPRESSION?
What is the penalty given for the offense OFFICIAL OPPRESSION?
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What is the penalty for the offense OFFICIAL OPPRESSION. if the public servant acted with the intent to impair the accuracy of data reported to the Texas Education Agency through the Public Education Information Management System (PEIMS)?
What is the penalty for the offense OFFICIAL OPPRESSION. if the public servant acted with the intent to impair the accuracy of data reported to the Texas Education Agency through the Public Education Information Management System (PEIMS)?
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A public servant commits what offense if intent to obtain a benefit or with intent to harm or defraud another, he discloses or uses information for a nongovernmental purpose that: (1) he has access to by means of his office or employment, and (2) has not been made public?
A public servant commits what offense if intent to obtain a benefit or with intent to harm or defraud another, he discloses or uses information for a nongovernmental purpose that: (1) he has access to by means of his office or employment, and (2) has not been made public?
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What is the penalty given under MISUSE OF OFFICIAL INFORMATION if a public servant coerces another into suppressing information to a law enforcement agency?
What is the penalty given under MISUSE OF OFFICIAL INFORMATION if a public servant coerces another into suppressing information to a law enforcement agency?
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A person commits what offense if with intent to obtain a benefit or with intent to harm or defraud another, he solicits or receives from a public servant information that: (1) the public servant has access to by means of his office or employment; and (2) has not been made public
A person commits what offense if with intent to obtain a benefit or with intent to harm or defraud another, he solicits or receives from a public servant information that: (1) the public servant has access to by means of his office or employment; and (2) has not been made public
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What is the penalty given for the offense MISUSE OF OFFICIAL INFORMATION?
What is the penalty given for the offense MISUSE OF OFFICIAL INFORMATION?
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Can items such as frequent flyer miles, rental car or hotel discounts, or food coupons be used to charge a public servant under ABUSE OF OFFICIAL CAPACITY?
Can items such as frequent flyer miles, rental car or hotel discounts, or food coupons be used to charge a public servant under ABUSE OF OFFICIAL CAPACITY?
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May separate transactions be aggregated in determining the classification of the offense ABUSE OF OFFICIAL CAPACITY?
May separate transactions be aggregated in determining the classification of the offense ABUSE OF OFFICIAL CAPACITY?
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How must the value of a thing be judged when assessing the severity of the punishment given for the offense ABUSE OF OFFICIAL CAPACITY?
How must the value of a thing be judged when assessing the severity of the punishment given for the offense ABUSE OF OFFICIAL CAPACITY?
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Study Notes
Abuse of Official Capacity
- Committed when a public servant with intent to obtain a benefit or harm or defraud another intentionally or knowingly:
- Violates a law relating to their office or employment
- Misuses government property, services, personnel, or any other thing of value belonging to the government
Penalty for Abuse of Official Capacity
- If a public servant violates a law relating to their office or employment:
- Class A misdemeanor
- If a public servant misuses government property, services, personnel, or any other thing of value:
- Value of the thing determines the penalty:
- Less than $20: Class C misdemeanor
- $20 or more but less than $500: Class B misdemeanor
- $500 or more but less than $1,500: Class A misdemeanor
- $1,500 or more: State jail felony
- Value of the thing determines the penalty:
Official Oppression
- Committed when a person intentionally:
- Subjects another to mistreatment or arrest, detention, search, seizure, dispossession, assessment, or lien that they know is unlawful
- Denies or impedes another in the exercise or enjoyment of any right, privilege, power, or immunity, knowing their conduct is unlawful
- Subjects another to sexual harassment
Penalty for Official Oppression
- Class A misdemeanor
- If the public servant acted with the intent to impair the accuracy of data reported to the Texas Education Agency through the Public Education Information Management System (PEIMS):
- State jail felony
Misuse of Official Information
- Committed when a public servant:
- Discloses or uses information for a nongovernmental purpose that they have access to by means of their office or employment and that has not been made public
- Coerces another into suppressing information to a law enforcement agency
Penalty for Misuse of Official Information
- Class A misdemeanor
- If a public servant coerces another into suppressing information to a law enforcement agency:
- State jail felony
Other Offenses
- Soliciting or receiving information from a public servant that has not been made public:
- Class A misdemeanor
- Misusing items such as frequent flyer miles, rental car or hotel discounts, or food coupons:
- Can be used to charge a public servant under Abuse of Official Capacity
- Separate transactions can be aggregated in determining the classification of the offense Abuse of Official Capacity
- Value of a thing is judged by its market value at the time of the offense when assessing the severity of the punishment for Abuse of Official Capacity
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