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A. A public servant is guilty of official misconduct if, with intent to obtain a benefit or to deprive another person of a lawful right or privilege, he intentionally:

1. Commits an unauthorized act under color of law; or

2. Refrains from performing a duty imposed upon him by law.

B. Official misconduct is a gross misdemeanor. (Ord. 499 §2 (part), 1978).