Section 18-8-404 - First degree official misconduct(1) A public servant commits first degree official misconduct if, with intent to obtain a benefit for the public servant or another or maliciously to cause harm to another, he or she knowingly: (a) Commits an act relating to his office but constituting an unauthorized exercise of his official function; or(b) Refrains from performing a duty imposed upon him by law; or(c) Violates any statute or lawfully adopted rule or regulation relating to his office.(2) First degree official misconduct is a class 1 misdemeanor.Amended by 2021 Ch. 462, § 297, eff. 3/1/2022.L. 71: R&RE, p. 462, § 1. C.R.S. 1963: § 40-8-404. L. 83: (1)(b) amended, p. 710, § 1, effective June 10. L. 2000: IP(1) amended, p. 709, § 41, effective July 1. L. 2021: (2) amended, (SB 21-271), ch. 3200, p. 3200, § 297, effective 3/1/2022.Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).