N.J. Stat. § 2C:30-2
Official misconduct
A public servant is guilty of official misconduct when, with purpose to obtain a benefit for himself or another or to injure or to deprive another of a benefit:
a. He commits an act relating to his office but constituting an unauthorized exercise of his official functions, knowing that such act is unauthorized or he is committing such act in an unauthorized manner; or
b. He knowingly refrains from performing a duty which is imposed upon him by law or is clearly inherent in the nature of his office.
Official misconduct is a crime of the second degree. If the benefit obtained or sought to be obtained, or of which another is deprived or sought to be deprived, is of a value of $200.00 or less, the offense of official misconduct is a crime of the third degree.
Notes of Decisions
Cited in 137
cases (61 in the last 5 years), 1984–2026 · leading case: State v. Ivonne Saavedra (073793)
State v. Ivonne Saavedra (073793) (2015)
“N.J.S.A. 2C:30-2. The statute provides: A public servant is guilty of official misconduct when, with purpose to obtain a 18 benefit for himself or another or to injure or to deprive another of a benefit: a.”
United States v. Tamika Riley (2010)
“knowingly committing acts related to his official positions that were unauthorized exercises of his official functions for the purpose of obtaining and receiving money and benefits for himself and others from the governments that he represented, contrary to N.J. Stat. Ann. §…”
Stolinski v. Pennypacker (2011)
“Similarly, the official misconduct charge was based on the credit fraud having been performed on state computers, which is not disputed, as to which probable cause also undeniably existed for indictment under N.J. Stat. Ann. § 2C:30-2, supra. As discussed above, in this case it…”
State v. Santamaria (2019)
“2C:14-2(c) ; and two counts of official misconduct, contrary to N.J.S.A. 2C:30-2. B. Before trial began, the prosecution, defense counsel, and the court collaborated on a questionnaire for potential jurors, including a question about the photographs: "During the trial there may…”
State v. Rodney J. Miles a/k/a Jamal D. Allen (077035) (Camden County and Statewide) (2017)
“Under this new regime, double jeopardy will not bar the State from subjecting a public employee, who is acquitted of official misconduct, N.J.S.A. 2C:30-2(a), based on an allegation of stealing, from a second prosecution for disorderly theft, N.”
State v. Buckley (2013)
“On July 7, 2009, he was separately indicted for two counts of second-degree official misconduct, N.J.S.A 2C:30-2(a) and (b). The second indictment was the subject of separate proceedings and is not before this Court.”
Paff v. Ocean Cnty. Prosecutor's Office (2018)
“The OCPO later charged the officer with two counts of second-degree official misconduct, N.J.S.A. 2C:30-2 ; third-degree aggravated assault, N.”
State of New Jersey v. Hugo Fierro (2015)
“In May 2012, defendant was indicted by a grand jury on five counts: (Count One) second-degree official misconduct, N.J.S.A. 2C:30-2; (Count Two) third-degree aggravated assault causing significant bodily injury, N.”
State v. Andrews (2018)
“In June 2016, an Essex County grand jury returned a six-count indictment charging defendant with second-degree official misconduct, contrary to N.J.S.A. 2C:30-2 (counts one and two); third-degree hindering the apprehension or prosecution of another person, contrary to N.”
Mondsini v. Local Fin. Bd. (2019)
“, N.J.S.A. 2C:30-2(a) (by way of analogy, defining the criminal offense of official misconduct).”
People v. Feerick (1999)
“…Ann § 21-3902 (a); Ky Rev Stat Ann § 522.020; Mont Code Ann § 45-7-401; Neb Rev Stat § 28-924; NH Stat Ann § 643:1; NJ Stat Ann § 2C:30-2; Ore Rev Stat §§ 162.405,162.415; Tenn Code Ann § 39-16-402; Tex Penal Code Ann § 39.02; Utah Code Ann § 76-8-201; Wash Rev Code Ann §…”
State of New Jersey v. David Hudson (2015)
“2C:39-4(a); and official misconduct, N.J.S.A. 2C:30-2(b). The charges stem from a road rage incident, during which defendant allegedly followed the victim to his home and threatened him with a gun.”
— N.J. Stat. § 2C:30-2(6) — 1 case
— N.J. Stat. § 2C:30-2(a) — 42 cases
State v. Ivonne Saavedra (073793) (2015)
“N.J.S.A. 2C:30-2. The statute provides: A public servant is guilty of official misconduct when, with purpose to obtain a 18 benefit for himself or another or to injure or to deprive another of a benefit: a.”
State v. Rodney J. Miles a/k/a Jamal D. Allen (077035) (Camden County and Statewide) (2017)
“Under this new regime, double jeopardy will not bar the State from subjecting a public employee, who is acquitted of official misconduct, N.J.S.A. 2C:30-2(a), based on an allegation of stealing, from a second prosecution for disorderly theft, N.”
State v. Buckley (2013)
“On July 7, 2009, he was separately indicted for two counts of second-degree official misconduct, N.J.S.A 2C:30-2(a) and (b). The second indictment was the subject of separate proceedings and is not before this Court.”
Mondsini v. Local Fin. Bd. (2019)
“, N.J.S.A. 2C:30-2(a) (by way of analogy, defining the criminal offense of official misconduct).”
State of New Jersey v. L.D. (2016)
— N.J. Stat. § 2C:30-2(b) — 11 cases
State of New Jersey v. David Hudson (2015)
“2C:39-4(a); and official misconduct, N.J.S.A. 2C:30-2(b). The charges stem from a road rage incident, during which defendant allegedly followed the victim to his home and threatened him with a gun.”
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