Ill. Pattern Jury Instr. (Criminal) 21.15

A [(publ

ic officer) (public employee) (special government agent)] commits the offense of

official misconduct when, in his official capacity, he

[1] [

(intentionally) (recklessly)] fails to perform any mandatory duty as required by law.

[or]

[2] knowi

ngly performs an act which he knows he is forbidden by law to perform.

[or]

[3] per

forms an act in excess of his lawful authority with intent to obtain a personal

advantage for [(himself) (another)].

[or]

[4] [(soli

cits) (knowingly accepts)] a fee or reward which he knows is not authorized by

law, for the performance of any act.

Commi

ttee Note

720 ILCS 5/33-3(a), 2-17, and 2-18 (West 2019), as amended by P.A. 94-0338, effective

January 1, 2006.

Give I

nstruction 21.16.

When the

charge involves a public employee, give Instruction 4.11, defining “public

employee”.

When the

charge involves a public officer, give Instruction 4.12, defining “public

officer”.

When the

charge involves a special government agent, give Instruction 4.12A, defining

“special government agent”.

Use app

licable bracketed material.

The bra

cketed numbers are present solely for the guidance of court and counsel and

should not be included in the instruction submitted to the jury.

____________________________________________________________________

_______________________________________________________________________________________________________________________