New York statute
N.Y. Penal Law § 195.00 — Official misconduct
Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
Part of Article 195: Official Misconduct and Obstruction of Public Servants Generally, New York Penal Law.
Criminal charges under this statute
Full text of N.Y. Penal Law § 195.00
Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.
195.00 Official misconduct.
A public servant is guilty of official misconduct when, with intent to
obtain a benefit or deprive another person of a benefit:
1. He commits an act relating to his office but constituting an
unauthorized exercise of his official functions, knowing that such act
is unauthorized; or
2. He knowingly refrains from performing a duty which is imposed upon
him by law or is clearly inherent in the nature of his office.
Official misconduct is a class A misdemeanor.
Official sources
Legal terms used in this section
Questions this section answers
What class of misdemeanor is official misconduct in New York?
Official misconduct is a Class A Misdemeanor in New York under N.Y. Penal Law § 195.00.
Which New York statute covers official misconduct?
Official misconduct is governed by N.Y. Penal Law § 195.00 (Official misconduct).
This reference is informational and is not legal advice.