(1) A person is guilty of unofficial misconduct if he exercises or attempts to exercise any of 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 the successor has been elected or appointed and has qualified, or after his office has been legally removed; or
(e) he knowingly withholds or retains from his successor in office or other person entitled to the official seal or any records, papers, documents, or other writings appertaining or belonging to 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

76-8-403. Failure to keep and pay over public monies.

Every person who receives, safekeeps, transfers, or disburses public monies who neglects or fails to keep and pay over the money in the manner prescribed by law is guilty of a felony of the third degree.

Amended by Chapter 232, 1995 General Session

7-3-22. Certificates and evidences of deposit binding -- Issuance of items intended to circulate as money prohibited.

All certificates or evidences of deposit made by the proper officers of any bank bind the bank with or without its corporate seal affixed. No bank shall issue any bill, note, or certificate intended to circulate as money.

Enacted by Chapter 16, 1981 General Session

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Last revised: Thursday, July 03, 2003