Mo. Rev. Stat. » Chapter 576
Missouri Revised Statutes

Mo. Rev. Stat. § 576.040 (2026)

Official misconduct

✓ laws through the 2026 session (checked Sept. 2026)
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  576.040.  Official misconduct — penalty. — 1.  A public servant, in such person's public capacity or under color of such person's office or employment, commits the offense of official misconduct if he or she:

  (1)  Knowingly discriminates against any employee or any applicant for employment on account of race, creed, color, sex or national origin, provided such employee or applicant possesses adequate training and educational qualifications;

  (2)  Knowingly demands or receives any fee or reward for the execution of any official act or the performance of a duty imposed by law or by the terms of his or her employment, that is not due, or that is more than is due, or before it is due;

  (3)  Knowingly collects taxes when none are due, or exacts or demands more than is due;

  (4)  Is a city or county treasurer, city or county clerk, or other municipal or county officer and knowingly orders the payment of any money, or draws any warrant, or pays over any money for any purpose other than the specific purpose for which the same was assessed, levied and collected, unless it is or shall have become impossible to use such money for that specific purpose;

  (5)  Is an officer or employee of any court and knowingly charges, collects or receives less fee for his services than is provided by law;

  (6)  Is an officer or employee of any court and knowingly, directly or indirectly, buys, purchases or trades for any fee taxed or to be taxed as costs in any court of this state, or any county warrant, at less than par value which may be by law due or to become due to any person by or through any such court; or

  (7)  Is a county officer, deputy or employee and knowingly traffics for or purchases at less than the par value or speculates in any county warrant issued by order of the county commission of his or her county, or in any claim or demand held against such county.

  2.  The offense of official misconduct is a class A misdemeanor.

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(L. 1977 S.B. 60, A.L. 2014 S.B. 491)

Effective 1-01-17

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 1981–2026 · leading case: State v. Ladner, 613 S.W.2d 951 (Mo. Ct. App. 1981).
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State v. Ladner, 613 S.W.2d 951 (Mo. Ct. App. 1981). · cites it 6× “§ 576.040 RSMo 1978. Our new pattern charge for violation of this statute suggests the charge be specific.”
State v. Conway, 786 S.W.2d 165 (Mo. Ct. App. 1990). · cites it 7× “Count II of the indictment in its relevant parts reads as follows: The Grand Jurors charge that the defendant in violation of Section 576.040, RSMo, committed the class A misdemeanor of official misconduct .”
State v. Holloway, 992 S.W.2d 886 (Mo. Ct. App. 1999). · cites it 2× “020, public servant acceding to corruption; (c) section 576.040, official misconduct; (d) section 576.”
Hewitt, No. 3:26-cv-05012 (W.D. Mo. Feb. 18, 2026). · cites it 4× “Count III - Mo. Rev. Stat. § 576.040 - Official Misconduct Mo.”
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