2024 Colorado Revised Statutes
Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102)
Article 8 - Offenses - Governmental Operations (§§ 18-8-101 — 18-8-805)
Part 4 - ABUSE OF PUBLIC OFFICE (§§ 18-8-401 — 18-8-410)
Section 18-8-405 - Second degree official misconduct

Universal Citation:
CO Rev Stat § 18-8-405 (2024)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.

  • (1) A public servant commits second degree official misconduct if he knowingly, arbitrarily, and capriciously:
    • (a) Refrains from performing a duty imposed upon him by law; or
    • (b) Violates any statute or lawfully adopted rule or regulation relating to his office.
  • (2) Second degree official misconduct is a petty offense.

Amended by 2021 Ch. 462, § 298, eff. 3/1/2022.

L. 71: R&RE, p. 462, § 1. C.R.S. 1963: § 40-8-405. L. 83: (1)(a) amended, p. 710, § 2, effective June 10. L. 2021: (2) amended, (SB 21-271), ch. 3200, p. 3200, § 298, effective 3/1/2022.

Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.

2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).


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