A public official or other servant falling under 2C:30-2 is guilty of official misconduct if they have a purpose to obtain a benefit and engage in any of the following:
- Commits an act relating to his office but constituting an unauthorized exercise of his official functions, knowing that such act is unauthorized, or he is committing such act in an unauthorized manner; or
- Knowingly refrains from performing a duty that is imposed upon him by law or is clearly inherent in the nature of his office.
This limitation is absolute, meaning that you cannot be convicted for official misconduct unless one of these two categories apply.
