(1) A public servant commits second degree official misconduct if he knowingly, arbitrarily, and capriciously:
(a) Refrains from performing a duty imposed upon him by law; or
(b) Violates any statute or lawfully adopted rule or regulation relating to his
office.
(2) Second degree official misconduct is a petty offense.
L. 71: R&RE, p. 462, § 1. C.R.S. 1963: § 40-8-405. L. 83: (1)(a) amended, p. 710, § 2, effective June 10. L. 2021: (2) amended, (SB 21-271), ch. 462, p. 3200, § 298, effective March 1, 2022.
