(1) Any person under color of any official position connected with the State Highway Commission or under color of authority derived therefrom who shall perform any act detrimental to the public interest or against any private right shall be deemed guilty of a misdemeanor, unless the act shall be plainly authorized by law.
(2) Every such offense shall be punished by fine of not over five hundred dollars ($500) and by imprisonment for not over six (6) months.
(3) Any offense prohibited by this act and termed a felony shall be punishable by imprisonment in the penitentiary for not less than one (1) year nor more than five (5) years.