Alaska Statutes

Alaska Stat. § 11.56.850 (2026)

Official misconduct

✓ current as of July 2026
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Sec. 11.56.850. Official misconduct.
 (a) A public servant commits the crime of official misconduct if, with intent to obtain a benefit or to injure or deprive another person of a benefit, the public servant
     (1) performs an act relating to the public servant's office but constituting an unauthorized exercise of the public servant's official functions, knowing that that act is unauthorized; or

     (2) knowingly refrains from performing a duty which is imposed upon the public servant by law or is clearly inherent in the nature of the public servant's office.

 (b) Official misconduct is a class A misdemeanor.


Notes of Decisions
Cited in 12 cases (4 in the last 5 years), 1996–2024 · leading case: People v. Feerick, 714 N.E.2d 851 (NY 1999).
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People v. Feerick, 714 N.E.2d 851 (NY 1999). “…1007. 5 . Section 195.00 (2) concerns nonfeasance by public servants, but is not at issue in this case. 6 . See, Alaska Stat § 11.56.850; Colo Rev Stat Ann § 18-8-404; Del Code Ann, tit 11, § 1211; Ill Ann Stat, ch 720, § 5/33-3; Ind Code Ann § 35-44-1-2; Iowa Code Ann §…”
Pohland v. State, 436 P.3d 1093 (Alaska Ct. App. 2019). “Pohland, a former assistant attorney general, appeals her conviction for official misconduct, AS 11.56.850(a). The State alleged that Pohland used her position as legal advisor to the Alaska Labor Relations Agency to benefit her personal friend, Skye McRoberts.”
The PEOPLE OF THE TERRITORY OF GUAM, Plaintiff-Appellee, v. Franklin Borja CAMACHO, Defendant-Appellant, 103 F.3d 863 (9th Cir. 1996). “See Alaska Stat. § 11.56.850 (1994); Colo. Rev.”
In re Disciplinary Matter Involving Pohland, 377 P.3d 911 (Alaska 2016). “On January 30, 2012, the State of Alaska filed an Information in state District Court against Pohland's friend for two counts of falsifying business records and two counts of forgery in the second degree, The State charged Pohland with 'one count of Official Misconduct under AS…”
Barbara Jones, in an Off. capacity as Mun. Clerk for the Mun. of Anchorage, & the Mun. of Anchorage v. Russell Biggs, 508 P.3d 1121 (Alaska 2022). · cites it 2× “250’s “misconduct in office” ground for recall equivalent to the crime of official misconduct found in AS 11.56.850, contrary to the requirement that recall statutes are to be construed liberally.”
State of New Jersey Vs. Carlia M. Brady (15-05-0240, Somerset Cnty. & Statewide) (Consol.)(record Impounded) (N.J. Super. Ct. App. Div. 2017). “See Alaska Stat. § 11.56.850 (2017); Ark. Code Ann.”
Pohland v. State (Alaska Ct. App. 2018). “Pohland, a former assistant attorney general, appeals her conviction for official misconduct, AS 11.56.850(a). The State alleged that Pohland used her position as legal advisor to the Alaska Labor Relations Agency to benefit her personal friend, Skye McRoberts.”
Aaron J. Fedolfi v. State of Alaska, 456 P.3d 999 (Alaska Ct. App. 2019). “Official misconduct is likewise a class A misdemeanor, see AS 11.56.850(b). –4– 2664 conviction for attempted third-degree sexual assault or a conviction for official misconduct.”
In re Disciplinary Matter Involving Pohland, 377 P.3d 911 (Alaska 2016). “On January 30, 2012, the State of Alaska filed an Information in state District Court against Pohland's friend for two counts of falsifying business records and two counts of forgery in the second degree, The State charged Pohland with 'one count of Official Misconduct under AS…”
Keith-Joseph v. Saxby (D. Alaska 2022). “14 In Claim 1, Plaintiff alleges all Defendants violated his First Amendment right to access the courts by using an unconstitutional “special order” to “deny[ him] access to the courts.”
In the Matter of the Petition for Reinstatement of Erin Pohland (Alaska 2024). “It is important to note that Pohland’s conviction for official misconduct under AS 11.56.850(a) was reversed by the Alaska Supreme Court in 2019.”
Patrick H. Torrence v. State of Alaska Dep't of Corr. (Alaska 2024). “”15 In determining whether any genuine issue of material fact exists, we “draw[] all factual inferences in favor of, and view[] the facts in the light most favorable to[,] the non-prevailing party.”
— Alaska Stat. § 11.56.850(a) — 4 cases
Pohland v. State, 436 P.3d 1093 (Alaska Ct. App. 2019). “Pohland, a former assistant attorney general, appeals her conviction for official misconduct, AS 11.56.850(a). The State alleged that Pohland used her position as legal advisor to the Alaska Labor Relations Agency to benefit her personal friend, Skye McRoberts.”
Pohland v. State (Alaska Ct. App. 2018). “Pohland, a former assistant attorney general, appeals her conviction for official misconduct, AS 11.56.850(a). The State alleged that Pohland used her position as legal advisor to the Alaska Labor Relations Agency to benefit her personal friend, Skye McRoberts.”
Barbara Jones, in an Off. capacity as Mun. Clerk for the Mun. of Anchorage, & the Mun. of Anchorage v. Russell Biggs, 508 P.3d 1121 (Alaska 2022). “250’s “misconduct in office” ground for recall equivalent to the crime of official misconduct found in AS 11.56.850, contrary to the requirement that recall statutes are to be construed liberally.”
In the Matter of the Petition for Reinstatement of Erin Pohland (Alaska 2024). “It is important to note that Pohland’s conviction for official misconduct under AS 11.56.850(a) was reversed by the Alaska Supreme Court in 2019.”
— Alaska Stat. § 11.56.850(b) — 1 case
Aaron J. Fedolfi v. State of Alaska, 456 P.3d 999 (Alaska Ct. App. 2019). “Official misconduct is likewise a class A misdemeanor, see AS 11.56.850(b). –4– 2664 conviction for attempted third-degree sexual assault or a conviction for official misconduct.”
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