Legal Question in Criminal Law in Illinois
Can felony official misconduct stand alone as a charge? For example, if a person has a battery and official misconduct. If the victim refuses to pursue or press charges on the battery, will the battery charge be dropped? And then if the battery is dropped and you only have official misconduct, can O.M. Be charged by itself.
1 Answer from Attorneys
Yes. Official misconduct requires the state to "prove the following propositions:
First Proposition: That the defendant was a [(public officer) (public employee)]; and
Second Proposition: That when in his official capacity, the defendant [(intentionally) (recklessly)] failed to perform a mandatory duty required by law.
[or]
Second Proposition: That when in his official capacity, the defendant knowingly performed an act which he knew he was forbidden by law to perform.
[or]
Second Proposition: That when in his official capacity, the defendant performed an act in excess of his lawful authority with intent to obtain a personal advantage for [(himself) (another)].
[or]
Second Proposition: That when in his official capacity, the defendant [(solicited) (knowingly accepted)] for the performance of any act, a fee or reward which he knew was not authorized by law.
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