576.040. Official misconduct.
Official misconduct.
576.040. 1. A public servant, in his public capacity orunder color of his office or employment, commits the crime ofofficial misconduct if:
(1) He knowingly discriminates against any employee or anyapplicant for employment on account of race, creed, color, sex ornational origin, provided such employee or applicant possessesadequate training and educational qualifications;
(2) He knowingly demands or receives any fee or reward forthe execution of any official act or the performance of a dutyimposed by law or by the terms of his employment, that is notdue, or that is more than is due, or before it is due;
(3) He knowingly collects taxes when none are due, or exactsor demands more than is due;
(4) He is a city or county treasurer, city or county clerk,or other municipal or county officer, or judge of a municipal orcounty commission, and knowingly orders the payment of any money,or draws any warrant, or pays over any money for any purposeother than the specific purpose for which the same was assessed,levied and collected, unless it is or shall have becomeimpossible to use such money for that specific purpose;
(5) He is an officer or employee of any court and knowinglycharges, collects or receives less fee for his services than isprovided by law;
(6) He is an officer or employee of any court and knowinglydirectly or indirectly buys, purchases or trades for any feetaxed or to be taxed as costs in any court of this state, or anycounty warrant, at less than par value which may be by law due orto become due to any person by or through any such court;
(7) He is a county officer, deputy or employee and knowinglytraffics for or purchases at less than the par value orspeculates in any court warrant issued by order of the countycommission of his county, or in any claim or demand held againstsuch county.
2. Official misconduct is a class A misdemeanor.
(L. 1977 S.B. 60)Effective 1-1-79