(a) A public servant is guilty of official misconduct when, intending to obtain a personal benefit or to cause harm to another person, the public servant knowingly does any of the following:
(1) Commits an act constituting an unauthorized exercise of official functions, knowing that the act is unauthorized.
(2) Refrains from performing a duty or breaches a duty which is imposed by law or is clearly inherent in the nature of the office.
(3) Performs official functions in a way intended to benefit the public servant’s own property or financial interests under circumstances in which the public servant’s actions would not have been reasonably justified in consideration of the factors which ought to have been taken into account in performing official functions.
(4) Performs official functions in a way intended to practice discrimination on the basis of race, religion, color, disability, sexual orientation, sex, age, gender identity, national origin, or ancestry.
(5) Uses or relies on the public servant’s position of trust or authority to engage in criminal conduct.
(b) Official misconduct is punished as follows:
(1) For a violation of paragraph (a)(1) or (a)(2) of this section, a class A misdemeanor.
(2) For a violation of paragraph (a)(3), (a)(4), or (a)(5) of this section, a class G felony.
(3) A sentence is enhanced for a violation of paragraphs (a)(1) through (a)(5) of this section as follows:
a. A class F felony, if the value of the personal benefit received, or the harm caused, is $1,500 or more, but less than $50,000.
b. A class D felony, if the value of the personal benefit received, or the harm caused, is $50,000 or more, but less than $100,000.
c. A class B felony, if the value of the personal benefit received, or the harm caused, is $100,000 or more.
d. A class F felony, if the harm caused is physical injury, or the public servant engages in conduct constituting an offense that is punishable as an unclassified misdemeanor, a class B misdemeanor, or a class A misdemeanor.
e. A class D felony, if the harm caused is serious physical injury, or the public servant engages in conduct constituting an offense that is punishable as a class G felony, a class F felony, or a class E felony.
f. One grade higher than the underlying offense, if the public servant engages in conduct constituting an offense that is punishable as a class D felony or a class C felony.
g. A class A felony, if the public servant engages in conduct constituting an offense that is punishable as a class B felony or a class A felony, or if the harm caused is death.
(c) The Superior Court has exclusive jurisdiction over a violation of this section.
11 Del. C. 1953,
§
1211;
58 Del. Laws, c. 497,
§
1;
61 Del. Laws, c. 327,
§
1;
64 Del. Laws, c. 48,
§
1;
67 Del. Laws, c. 130,
§
8;
70 Del. Laws, c. 186,
§
1;
84 Del. Laws, c. 225,
§
1;
84 Del. Laws, c. 449,
§
1;
Notes of Decisions
Cited in
12
cases (
7 in the last 5 years), 1982–2024 · leading case:
United States v. Gordon, 183 F. App'x 202 (3rd Cir. 2006).
United States v. Gordon, 183 F. App'x 202 (3rd Cir. 2006).
· cites it 2× “103(A)(1)); • duty to recuse from involvement in matters in which they had a personal or private interest (11 Del. C. § 1211(2)); (68 Del. Laws § 433; NCCC § 2.”
Michael Whaley v. Lewis Schiliro, 644 F. App'x 185 (3rd Cir. 2016).
“§ 843, and official misconduct, 11 Del. C. § 1211(3). Under the plea agreements, Whaley and Robinson paid restitution and fines; 4 forfeited their police training certifications, and agreed not to work in any law enforcement capacity in Delaware again.”
Harrison v. Baylor, 548 F. Supp. 1037 (D. Del. 1982).
“§ 512; 11 Del.C. § 1211; 11 Del.C. § 1256. 2 . Harrison v.”
State v. Gregory (Del. Super. Ct. 2022).
· cites it 3× “Specifically, the jury acquitted him of official misconduct pursuant to 11 Del. C. § 1211(2). The jury found him guilty, however, of the other count of official misconduct pursuant to 11 Del.”
Chang v. CAC (Del. Super. Ct. 2016).
“3(b), under color of law abuses beyond the bounds of her lawful authority, under color of law abuses while performing judicial duties, 11 Del. C. § 1211 official misconduct class a misdemeanor, offenses involving moral turpitude, defamation, and intentional infliction of…”
Capriglione v. State of Delaware (Del. 2021).
“6 Capriglione’s indictment for misdemeanor official misconduct was under 11 Del. C. § 1211. The indictment, in pertinent part, read: “Michael Capriglione .”
State v. McGuiness (Del. Super. Ct. 2022).
“The official misconduct statute found in 11 Del. C. § 1211 is intentionally broad to encompass a wide range of inappropriate conduct by state officials.”
Gregory v. State (Del. 2023).
“Under 11 Del. C. § 1211: [a] public servant is guilty of official misconduct when, intending to obtain a personal benefit or to cause harm to another person: (2) The public servant knowingly refrains from performing a duty which is imposed by law or is clearly inherent in the…”
McGuiness v. State (Del. 2024).
“Under 11 Del. C. § 1211(1) and (3), “A public servant is guilty of official misconduct when, intending to obtain a personal benefit or to cause harm to another person, the public servant knowingly does any of the following: (1) Commits an act constituting an unauthorized…”
State v. Waters (Del. Super. Ct. 2024).
“§1222, Tampering with Physical Evidence in violation of 11 Del.C. §1211, three counts of Assault Third Degree in violation of 11 Del.”
Jane D.W. Doe v. Giddings (Del. Super. Ct. 2015).
“§ 1203) and official misconduct (11 Del. C. § 1211). Shortly thereafter, on May 26, 2009, Trooper Giddings committed suicide.”
— 11 Del. C. § 1211(1) — 2 cases
McGuiness v. State (Del. 2024).
“Under 11 Del. C. § 1211(1) and (3), “A public servant is guilty of official misconduct when, intending to obtain a personal benefit or to cause harm to another person, the public servant knowingly does any of the following: (1) Commits an act constituting an unauthorized…”
— 11 Del. C. § 1211(2) — 2 cases
United States v. Gordon, 183 F. App'x 202 (3rd Cir. 2006).
“103(A)(1)); • duty to recuse from involvement in matters in which they had a personal or private interest (11 Del. C. § 1211(2)); (68 Del. Laws § 433; NCCC § 2.”
State v. Gregory (Del. Super. Ct. 2022).
“Specifically, the jury acquitted him of official misconduct pursuant to 11 Del. C. § 1211(2). The jury found him guilty, however, of the other count of official misconduct pursuant to 11 Del.”
— 11 Del. C. § 1211(3) — 2 cases
Michael Whaley v. Lewis Schiliro, 644 F. App'x 185 (3rd Cir. 2016).
“§ 843, and official misconduct, 11 Del. C. § 1211(3). Under the plea agreements, Whaley and Robinson paid restitution and fines; 4 forfeited their police training certifications, and agreed not to work in any law enforcement capacity in Delaware again.”
State v. Gregory (Del. Super. Ct. 2022).
“Specifically, the jury acquitted him of official misconduct pursuant to 11 Del. C. § 1211(2). The jury found him guilty, however, of the other count of official misconduct pursuant to 11 Del.”
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