Arizona Revised Statutes

Ariz. Rev. Stat. § 38-443 (2026)

Nonfeasance in public office; classification

✓ current as of May 2026

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A public officer or person holding a position of public trust or employment who knowingly omits to perform any duty the performance of which is required of him by law is guilty of a class 2 misdemeanor unless special provision has been made for punishment of such omission.

Notes of Decisions

Cited in 2 cases, 1990–2016 · leading case: Harper v. State, 388 P.3d 552 (Ariz. Ct. App. 2016).

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Harper v. State, 388 P.3d 552 (Ariz. Ct. App. 2016). · cites it 6× “Under this statute, it is a class 2 misdemeanor for a person holding a position of public trust or employment to knowingly fail to perform a duty “which is required of him by law.” Id. Here, Plaintiffs assert that because they were directed by their superiors to use the “NI”…”

Hoskinson v. State of Cal., 812 P.2d 1068 (Ariz. Ct. App. 1990). · cites it 4× “See A.R.S. § 38-443 (public officer who knowingly fails to perform any duty required by law is guilty of nonfeasance.”

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