Good bye Bob ... I have decided life is too short to deal with idiots.
(I’m not reading your lame posts either. This means you can spend the energy on further replies but I won’t be reading them. I got good at this in past years, ‘trust me, I can do this.’)
1) A link to the indictment:
https://lintvkxan.files.wordpress.com/2014/08/rick-perry-indictment.pdf
Notably:
Count 1 is re: § 39.02. ABUSE OF OFFICIAL CAPACITY.
Count 2 is re: § 36.03. COERCION OF PUBLIC SERVANT OR VOTER.
2) A copy of the two provisions which Perry is charged:
§ 36.03. COERCION OF PUBLIC SERVANT OR VOTER.
(a) A person commits an offense if by means of coercion he:
(1) influences or attempts to influence a public servant in a specific exercise of his official power or a specific performance of his official duty or influences or attempts to influence a public servant to violate the public servant’s known legal duty; or.
(2) influences or attempts to influence a voter not to vote or to vote in a particular manner.
(b) An offense under this section is a Class A misdemeanor unless the coercion is a threat to commit a felony, in which event it is a felony of the third degree.
(c) It is an exception to the application of Subsection (a)
(1) of this section that the person who influences or attempts to influence the public servant is a member of the governing body of a governmental entity, and that the action that influences or attempts to influence the public servant is an official action taken by the member of the governing body. For the purposes of this subsection, the term “official action” includes deliberations by the governing body of a governmental entity.
§ 39.02. ABUSE OF OFFICIAL CAPACITY.
(a) A public servant commits an offense if, with intent to obtain a benefit or with intent to harm or defraud another, he intentionally or knowingly:
(1) violates a law relating to the public servant’s office or employment; or.
(2) misuses government property, services, personnel, or any other thing of value belonging to the government that has come into the public servant’s custody or possession by virtue of the public servant’s office or employment.
(b) An offense under Subsection (a)(1) is a Class A misdemeanor.
(c) An offense under Subsection (a)(2) is:
(1) a Class C misdemeanor if the value of the use of the thing misused is less than $20;.
(2) a Class B misdemeanor if the value of the use of the thing misused is $20 or more but less than $500 ;.
(3) a Class A misdemeanor if the value of the use of the thing misused is $500 or more but less than $1,500;.
(4) a state jail felony if the value of the use of the thing misused is $1,500 or more but less than $20,000;.
(5) a felony of the third degree if the value of the use of the thing misused is $20,000 or more but less than $100,000;.
(6) a felony of the second degree if the value of the use of the thing misused is $100,000 or more but less than $200,000; or.
(7) a felony of the first degree if the value of the use of the thing misused is $200,000 or more.
(d) A discount or award given for travel, such as frequent flyer miles, rental car or hotel discounts, or food coupons, are not things of value belonging to the government for purposes of this section due to the administrative difficulty and cost involved in recapturing the discount or award for a governmental entity.
- - - -