Section 575.320

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 575

Effective - 01 Jan 2017, 4 histories, see footnote   

  575.320.  Misconduct in administration of justice — penalty. — 1.  A public servant, in his or her public capacity or under color of his or her office or employment, commits the offense of misconduct in administration of justice if he or she:

  (1)  Is charged with the custody of any person accused or convicted of any offense or municipal ordinance violation and he or she coerces, threatens, abuses or strikes such person for the purpose of securing a confession from him or her;

  (2)  Knowingly seizes or levies upon any property or dispossesses anyone of any lands or tenements without due and legal process, or other lawful authority;

  (3)  Is a judge and knowingly accepts a plea of guilty from any person charged with a violation of a statute or ordinance at any place other than at the place provided by law for holding court by such judge;

  (4)  Is a jailer or keeper of a county jail and knowingly refuses to receive, in the jail under his or her charge, any person lawfully committed to such jail on any criminal charge or criminal conviction by any court of this state, or on any warrant and commitment or capias on any criminal charge issued by any court of this state;

  (5)  Is a law enforcement officer and violates the provisions of section 544.170 by knowingly:

  (a)  Refusing to release any person in custody who is entitled to such release; or

  (b)  Refusing to permit a person in custody to see and consult with counsel or other persons; or

  (c)  Transferring any person in custody to the custody or control of another, or to another place, for the purpose of avoiding the provisions of that section; or

  (d)  Proffering against any person in custody a false charge for the purpose of avoiding the provisions of that section; or

  (6)  Orders or suggests to an employee of a political subdivision that such employee shall issue a certain number of traffic citations on a daily, weekly, monthly, quarterly, yearly or other quota basis or that such employee shall increase the number of traffic citations that he or she is currently issuing.

  2.  The offense of misconduct in the administration of justice is a class A misdemeanor.

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(L. 1977 S.B. 60, A.L. 1993 S.B. 180, A.L. 2014 S.B. 491, A.L. 2016 S.B. 765)

Effective 1-01-17