39-16-401 - Definitions for public misconduct offenses.
39-16-401. Definitions for public misconduct offenses.
As used in this part, unless the context otherwise requires:
(1) Act means a bodily movement, whether voluntary or involuntary, and includes speech;
(2) Law means the constitution or a statute of this state or of the United States, a written opinion of a court of record, a municipal ordinance, or a rule authorized by and lawfully adopted under a statute; and
(3) Public servant means a person elected, selected, appointed, employed, or otherwise designated as one (1) of the following even if the public servant has not yet qualified for office or assumed the duties:
(A) An officer, employee, or agent of government;
(B) A juror or grand juror;
(C) An arbitrator, referee, or other person who is authorized by law or private written agreement to hear or determine a cause or controversy;
(D) An attorney at law or notary public when participating in performing a governmental function;
(E) A candidate for nomination or election to public office; or
(F) A person who is performing a governmental function under claim of right although not legally qualified to do so.
[Acts 1989, ch. 591, § 1.]