Arkansas Code Annotated
Ark. Code Ann. § 5-52-107 (2026)
Abuse of office
✓ current as of May 2026
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A person commits the offense of abuse of office if, being a public servant, or being a person elected, appointed, or otherwise designated to become a public servant although not yet occupying that position, and with the purpose of benefiting in a pecuniary fashion or obtaining a sexual favor for himself or herself or another person or of harming another person, the person knowingly:
- Commits an unauthorized act which purports to be an act of his or her office; or
- Omits to perform a duty imposed on him or her by law or clearly inherent in the nature of his or her office.
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Abuse of office is a:
- Class B felony if the value of the benefit is twenty-five thousand dollars ($25,000) or more;
- Class C felony if the value of the benefit is five thousand dollars ($5,000) or more but less than twenty-five thousand dollars ($25,000);
- Class D felony if the value of the benefit is five hundred dollars ($500) or more but less than five thousand dollars ($5,000); or
- Class A misdemeanor if the value of the benefit is less than five hundred dollars ($500) or the value of the benefit cannot be determined.
History. Acts 1975, No. 280, § 2707; A.S.A. 1947, § 41-2707; Acts 2017, No. 431, § 2.
Amendments. The 2017 amendment, in (a), inserted “or being a person elected, appointed, or otherwise designated to become a public servant although not yet occupying that position” and “or obtaining a sexual favor for”; deleted “Class B misdemeanor” in the present introductory language of (b); and added (b)(1) through (b)(4).
Notes of Decisions
Cited in 4
cases (1 in the last 5 years), 2004–2025 · leading case: State v. Oldner, 206 S.W.3d 818 (Ark. 2005).
State v. Oldner, 206 S.W.3d 818 (Ark. 2005). “Oldner was also convicted of one count of abuse of office, a Class B misdemeanor, in violation of Ark. Code Ann. § 5-52-107 (Repl. 1997), for misappropriating $1,750.”
State v. Vittitow, 186 S.W.3d 237 (Ark. 2004). “§ 5-53-110, and abuse of office in violation of Ark.Code Ann. § 5-52-107; a mistrial was granted on the other two counts.”
Lee Brown v. City of Dermott Arkansas (8th Cir. 2025). “Ark. Code Ann. § 5-52-107 (a) (a public servant commits abuse of office if “with the purpose of benefiting in a pecuniary fashion .”
State of New Jersey Vs. Carlia M. Brady (15-05-0240, Somerset Cnty. & Statewide) (Consol.)(record Impounded) (N.J. Super. Ct. App. Div. 2017). “850 (2017); Ark. Code Ann. § 5-52-107 (1987); Del. Code Ann.”
— Ark. Code Ann. § 5-52-107(a) — 1 case
Lee Brown v. City of Dermott Arkansas (8th Cir. 2025). “Ark. Code Ann. § 5-52-107 (a) (a public servant commits abuse of office if “with the purpose of benefiting in a pecuniary fashion .”
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