Minnesota Statutes

Minn. Stat. § 609.45 (2026)

Public Officer; Unauthorized Compensation

✓ current as of May 2026

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Whoever is a public officer or public employee and under color of office or employment intentionally asks, receives, or agrees to receive a fee or other compensation in excess of that allowed by law or where no such fee or compensation is allowed, is guilty of a misdemeanor.

Notes of Decisions

Cited in 4 cases, 1972–2003 · leading case: State v. Flicek, 657 N.W.2d 592 (Minn. Ct. App. 2003).

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State v. Flicek, 657 N.W.2d 592 (Minn. Ct. App. 2003). · cites it 3× “The state also asserts a violation of Minn. Stat. § 609.45 (Public officer; unauthorized compensation), although the complaint did not charge respondents with a violation of this statute.”

Erickson v. Cnty. of Clay, 451 N.W.2d 666 (Minn. Ct. App. 1990). · cites it 2× “87 and for receiving unauthorized compensation in violation of Minn.Stat. § 609.45. 2 . Usgaard is not a party to this appeal.”

In Re Bartholet, 198 N.W.2d 152 (Minn. 1972). · cites it 2× “20, and to one count of asking and receiving compensation in excess of that allowed by law to a public officer, § 609.45. He has not engaged in the practice of law since his resignation.”

State v. Dahl, 498 N.W.2d 258 (Minn. 1993). · cites it 2× “The court of appeals reversed outright defendant’s misdemeanor conviction of asking for or receiving unauthorized compensation under col- or of office, Minn.Stat. § 609.45 (1992), based on the same conduct.”

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