39-16-401 - Definitions for public misconduct offenses.

39-16-401. Definitions for public misconduct offenses.

As used in this part, unless the context otherwise requires:

     (1)  “Act” means a bodily movement, whether voluntary or involuntary, and includes speech;

     (2)  “Law” means the constitution or a statute of this state or of the United States, a written opinion of a court of record, a municipal ordinance, or a rule authorized by and lawfully adopted under a statute; and

     (3)  “Public servant” means a person elected, selected, appointed, employed, or otherwise designated as one (1) of the following even if the public servant has not yet qualified for office or assumed the duties:

          (A)  An officer, employee, or agent of government;

          (B)  A juror or grand juror;

          (C)  An arbitrator, referee, or other person who is authorized by law or private written agreement to hear or determine a cause or controversy;

          (D)  An attorney at law or notary public when participating in performing a governmental function;

          (E)  A candidate for nomination or election to public office; or

          (F)  A person who is performing a governmental function under claim of right although not legally qualified to do so.

[Acts 1989, ch. 591, § 1.]