NCJ Number
67395
Journal
Arkansas Law Review Volume: 30 Dated: (1970) Pages: 160-185
Date Published
1970
Length
26 pages
Annotation
OFFICIAL MISCONDUCT UNDER THE ARKANSAS CRIMINAL CODE IS DESCRIBED, AND SIGNIFICANT CASE LAW RELATED TO EACH OFFENSE IS DISCUSSED.
Abstract
WITH THE PASSAGE OF THE NEW CRIMINAL CODE IN 1975, ARKANSAS, FOR THE FIRST TIME, HAS A COMPREHENSIVE CODE OF CONDUCT FOR ALL PUBLIC SERVANTS. THE CODE ADOPTS A BROAD DEFINITION OF BRIBERY AND AVOIDS THE NECESSITY OF PROVING PECUNIARY BENEFIT OR VALUE FOR CONVICTION. THE CODE MAKES IT A CLASS A MISDEMEANOR TO SOLICIT, ACCEPT, OR AGREE TO ACCEPT ANY BENEFIT 'UPON AGREEMENT OR UNDERSTANDING THAT THE OTHER PERSON WILL OR MAY BE APPOINTED A PUBLIC SERVANT OR DESIGNATED OR NOMINATED AS A CANDIDATE FOR PUBLIC OFFICE.' THIS OFFENSE IS A TYPE OF BRIBERY BUT WARRANTS SEPARATE TREATMENT. THE CODE CONSOLIDATES ALL THEFT OFFENSES, AND EXTORTION IS A FORM OF THEFT UNDER THE CODE. A PERSON COMMITS THEFT BY EXTORTION IF HE 'KNOWINGLY OBTAINS THE PROPERTY OF ANOTHER PERSON. . .BY THREAT.' THE CODE REACHES SUBTLE BRIBES FOR PAST ACTIONS AND CLOSES A POTENTIAL LOOPHOLE IN BRIBERY LAW THROUGH THE OFFENSE OF UNLAWFUL COMPENSATION FOR PAST ACTION. THIS SECTION IS INTENDED TO REACH THE 'SOLICITATION OR ACCEPTANCE OF BENEFITS BY A PUBLIC SERVANT SUBSEQUENT TO HIS ACTION.' THE CODE ALSO CLARIFIES THE FORMERLY VAGUE CONCEPT OF CONFLICTS OF INTEREST OF PUBLIC SERVANTS, AND AN OFFENSE OF ABUSE OF OFFICE IS INCLUDED TO ENCOMPASS 'EVERY TYPE OF MALFEASANCE AND MISFEASANCE BY ANY PUBLIC SERVANT.' ATTEMPTS TO COMMIT THE CRIMES DELINEATED MAY ALSO BE PROSECUTED. BRIBERY IS A CLASS D FELONY PUNISHABLE BY UP TO 3 YEARS IN PRISON. EXTORTION MAY BE EITHER A CLASS C OR A CLASS B FELONY. IT IS A CLASS B FELONY PUNISHABLE BY 3 TO 20 YEARS IMPRISONMENT IF THE AMOUNT EXTORTED IS $10,000 OR MORE. OTHERWISE, IT IS A CLASS C FELONY PUNISHABLE BY 1 TO 5 YEARS IMPRISONMENT. TRADING IN PUBLIC OFFICE, UNLAWFUL COMPENSATION FOR PAST OFFICIAL ACTION, SOLICITING UNLAWFUL COMPENSATION, AND MISUSE OF CONFIDENTIAL INFORMATION ARE ALL CLASS A MISDEMEANORS PUNISHABLE BY IMPRISONMENT FOR UP TO 1 YEAR. ABUSE OF OFFICE IS A CLASS B MISDEMEANOR PUNISHABLE BY UP TO 90 DAYS. FOOTNOTES ARE PROVIDED. (RCB)