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Tuesday, August 18, 2009

ARTICLE 195: Official Misconduct and Obstruction of Public Servants

If you are subjected to any actions of a State employee that are outside of their duties and responsibilities and are harmful - as in harming someone, taking money, obstructing justice, tampering with witnesses (or whistleblowers) - then read the law below.

New York State Law

ARTICLE 195
OFFICIAL MISCONDUCT AND OBSTRUCTION OF PUBLIC SERVANTS

GENERALLY Section 195.00 Official misconduct.
195.05 Obstructing governmental administration in the second degree.
195.06 Killing or injuring a police animal.
195.07 Obstructing governmental administration in the first degree.
195.08 Obstructing governmental administration by means of a
self-defense spray device.
195.10 Refusing to aid a peace or a police officer.
195.11 Harming an animal trained to aid a person with a disability
in the second degree.
195.12 Harming an animal trained to aid a person with a disability
in the first degree.
195.15 Obstructing firefighting operations.
195.16 Obstructing emergency medical services.
195.20 Defrauding the government.

S 195.00 Official misconduct.
A public servant is guilty of official misconduct when, with intent to obtain a benefit or deprive another person of a benefit:
1. He commits an act relating to his office but constituting an unauthorized exercise of his official functions, knowing that such act is unauthorized; or
2. He knowingly refrains from performing a duty which is imposed upon him by law or is clearly inherent in the nature of his office.
Official misconduct is a class A misdemeanor.

S 195.05 Obstructing governmental administration in the second degree.
A person is guilty of obstructing governmental administration when he intentionally obstructs, impairs or perverts the administration of law or other governmental function or prevents or attempts to prevent a public servant from performing an official function, by means of intimidation, physical force or interference, or by means of any independently unlawful act, or by means of interfering, whether or not physical force is involved, with radio, telephone, television or other telecommunications systems owned or operated by the state, or a county, city, town, village, fire district or emergency medical service or by means of releasing a dangerous animal under circumstances evincing the actor`s intent that the animal obstruct governmental administration.
Obstructing governmental administration is a class A misdemeanor.

S 195.06 Killing or injuring a police animal.
A person is guilty of killing or injuring a police animal when such person intentionally kills or injures any animal while such animal is in the performance of its duties and under the supervision of a police or peace officer.
Killing or injuring a police animal is a class A misdemeanor.

S 195.07 Obstructing governmental administration in the first degree.
A person is guilty of obstructing governmental administration in the first degree when he commits the crime of obstructing governmental administration in the second degree by means of interfering with a telecommunications system thereby causing serious physical injury to another person.
Obstructing governmental administration in the first degree is a class E felony.

S 195.08 Obstructing governmental administration by means of a
self-defense spray device
.
A person is guilty of obstructing governmental administration by means of a self-defense spray device when, with the intent to prevent a police officer or peace officer from performing a lawful duty, he causes temporary physical impairment to a police officer or peace officer by intentionally discharging a self-defense spray device, as defined in paragraph fourteen of subdivision a of section 265.20 of this chapter, thereby causing such temporary physical impairment.
Obstructing governmental administration by means of a self-defense spray device is a class D felony.

S 195.10 Refusing to aid a peace or a police officer.
A person is guilty of refusing to aid a peace or a police officer when, upon command by a peace or a police officer identifiable or identified to him as such, he unreasonably fails or refuses to aid such peace or a police officer in effecting an arrest, or in preventing the commission by another person of any offense.
Refusing to aid a peace or a police officer is a class B misdemeanor.

S 195.11 Harming an animal trained to aid a person with a disability in
the second degree
.
A person is guilty of harming an animal trained to aid a person with a disability in the second degree when such person intentionally causes physical injury to such animal while it is in the performance of aiding a person with a disability, and thereby renders such animal incapable of providing such aid to such person, or to another person with a disability.
For purposes of this section and section 195.12 of this article, the term "disability" means "disability" as defined in subdivision twenty-one of section two hundred ninety-two of the executive law.
Harming an animal trained to aid a person with a disability in the second degree is a class B misdemeanor.

S 195.12 Harming an animal trained to aid a person with a disability in
the first degree
.
A person is guilty of harming an animal trained to aid a person with a disability in the first degree when such person:
1. intentionally causes physical injury to such animal while it is in the performance of aiding a person with a disability, and thereby renders such animal permanently incapable of providing such aid to such person, or to another person with a disability; or
2. intentionally kills such animal while it is in the performance of aiding a person with a disability.
Harming an animal trained to aid a person with a disability in the first degree is a class A misdemeanor.

S 195.15 Obstructing firefighting operations.
A person is guilty of obstructing firefighting operations when he intentionally and unreasonably obstructs the efforts of any:
1. fireman in extinguishing a fire, or prevents or dissuades another from extinguishing or helping to extinguish a fire; or
2. fireman, police officer or peace officer in performing his duties in circumstances involving an imminent danger created by an explosion, threat of explosion or the presence of toxic fumes or gases.
Obstructing firefighting operations is a class A misdemeanor.

S 195.16 Obstructing emergency medical services.
A person is guilty of obstructing emergency medical services when he or she intentionally and unreasonably obstructs the efforts of any service, technician, personnel, system or unit specified in section three thousand one of the public health law in the performance of their duties.
Obstructing emergency medical services is a class A misdemeanor.

S 195.20 Defrauding the government.
A person is guilty of defrauding the government when, being a public servant or party officer, he:
(a) engages in a scheme constituting a systematic ongoing course of conduct with intent to defraud the state or a political subdivision of the state or a governmental instrumentality within the state or to obtain property from the state or a political subdivision of the state or a governmental instrumentality within the state by false or fraudulent pretenses, representations or promises and
(b) so obtains property with a value in excess of one thousand dollars from such state, political subdivision or governmental instrumentality.
Defrauding the government is a class E felony.