45-7-401. Official misconduct. (1) A public servant commits the offense of official misconduct when in his official capacity he commits any of the following acts:
     (a) purposely or negligently fails to perform any mandatory duty as required by law or by a court of competent jurisdiction;
     (b) knowingly performs an act in his official capacity which he knows is forbidden by law;
     (c) with the purpose to obtain advantage for himself or another, performs an act in excess of his lawful authority;
     (d) solicits or knowingly accepts for the performance of any act a fee or reward which he knows is not authorized by law; or
     (e) knowingly conducts a meeting of a public agency in violation of 2-3-203.
     (2) A public servant convicted of the offense of official misconduct shall be fined not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both.
     (3) The district court shall have exclusive jurisdiction in prosecutions under this section. Any action for official misconduct must be commenced by an information filed after leave to file has been granted by the district court or after a grand jury indictment has been found.
     (4) A public servant who has been charged as provided in subsection (3) may be suspended from his office without pay pending final judgment. Upon final judgment of conviction he shall permanently forfeit his office. Upon acquittal he shall be reinstated in his office and shall receive all backpay.
     (5) This section does not affect any power conferred by law to impeach or remove any public servant or any proceeding authorized by law to carry into effect such impeachment or removal.

     History: En. by Sec. 1, Ch. 513, L. 1973; amd. Sec. 2, Ch. 474, L. 1975; R.C.M. 1947, .