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Minn. Stat. § 609.43

MISCONDUCT OF PUBLIC OFFICER OR EMPLOYEE.

Known as the Criminal Code

The act spans §§ 609–609 (377 sections).

Applied in 17 court decisions — leading case Diesen v. Hessburg (1990)

Most recently applied in State of Minnesota v. Jerry Arnold Westrom (May 2024)

1963 c 753 art 1 s 609 .43; 1984 c 628 art 3 s 11; 1986 c 444; 2023 c 52 art 6 s 16

How often courts cite this section

19841990200020102020202430
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

A public officer or employee who does any of the following, for which no other sentence is specifically provided by law, may be sentenced to imprisonment for not more than 364 days or to payment of a fine of not more than $3,000, or both:

(1) intentionally fails or refuses to perform a known mandatory, nondiscretionary, ministerial duty of the office or employment within the time or in the manner required by law; or

(2) in the capacity of such officer or employee, does an act knowing it is in excess of lawful authority or knowing it is forbidden by law to be done in that capacity; or

(3) under pretense or color of official authority intentionally and unlawfully injures another in the other's person, property, or rights; or

(4) in the capacity of such officer or employee, makes a return, certificate, official report, or other like document having knowledge it is false in any material respect.

Official source: Minnesota Office of the Revisor of Statutes. Reproduced from public-domain Minnesota statutes; confirm against the official source for the current text. Not legal advice.