76-8-203 - Unofficial misconduct.
76-8-203. Unofficial misconduct.
(1) A person is guilty of unofficial misconduct if he exercises or attempts to exercise anyof the functions of a public office when:
(a) he has not taken and filed the required oath of office;
(b) he has failed to execute and file the required bond;
(c) he has not been elected or appointed to office;
(d) he exercises any of the functions of his office after his term has expired and thesuccessor has been elected or appointed and has qualified, or after his office has been legallyremoved; or
(e) he knowingly withholds or retains from his successor in office or other person entitledto the official seal or any records, papers, documents, or other writings appertaining or belongingto his office or mutilates or destroys or takes away the same.
(2) Unofficial misconduct is a class B misdemeanor.
Amended by Chapter 79, 1996 General Session