Article 195: Official misconduct and obstruction of public servants generally

In New York law, Article 195 refers to official misconduct and obstruction of public servants generally. If you have been charged with such an offense, you should contact a criminal defense attorney immediately.

The complete law is as follows:

Article 195: Official misconduct and obstruction of public servants generally

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.
195.17 Obstruction of governmental duties by means of a bomb, destructive device, explosive, or hazardous substance.
195.20 Defrauding the government.


NY PENAL LAW § 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.


Have you been charged with an official misconduct offense in New York?

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