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By Benson Varghese

Last Updated: June 24th, 2021 at 2:25 PM
Published on: April 4th, 2016 at 9:15 AM

Penal Code Section 39.02 makes it illegal for a public servant to use government property, services, personnel, or anything of value, that comes into the public servant’s possession by virtue of the public servant’s office. The mental state requirement for this offense is that the public servant intended to obtain a benefit while intentionally or knowingly committing the act in question.

This offense ranges from a Class C misdemeanor if the value of the thing used was less than $100 to a first-degree felony if the value of the thing used was $300,000 or more.

Value Offense Level Punishment Range
Under $100 Class C Up to $500 fine
$100 – $750 Class B Up to 180 days in jail
$750- $2,500 Class A Up to 1 year in jail
$2,500 – $30,000 State Jail 180 days – 2 years in State Jail
$30,000-$150,000 Third Degree 2-10 years in prison
$150,000-$300,000 Second Degree 2-20 years in prison
Upwards of $300,000 First Degree 5-99 years/life

For example: State officers and employees are prohibited from using a state computer on state time to send email messages to co-workers urging them to vote for a certain candidate in an upcoming election. Tarrant County District Attorney Sharen Wilson may have missed that.

Call a Lawyer for Assistance With Allegations of Abuse of Official Capacity in Fort Worth

A seasoned lawyer could help if you have been charged with abuse of official capacity in Fort Worth. Call us today to learn more.

Abuse of Official Capacity in Fort Worth
2021-06-24T14:25:47-06:00
Varghese Summersett PLLC
Varghese Summersett PLLC