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A public servant is guilty of official misconduct if, with intent to obtain a benefit or to deprive another person of a lawful right or privilege:

(1) He or she intentionally commits an unauthorized act under color of law; or

(2) He or she intentionally refrains from performing a duty imposed upon him or her by law.

(3) Official misconduct is a gross misdemeanor. [Ord. 3490 § 3, 2001; Code 1970 § 9.42.150.]