Official Text
“Whoever, being a public servant, and being legally bound as such public servant not to accept employment, accepts employment, shall be punished.”
Legal Analysis
Elements to Prove:
- Being public servant.
- Legally bound not to accept employment.
- Accepting employment.
Potential Defenses:
- Not a public servant.
- No employment restriction.
- Authorized employment.
Practical Examples
What Constitutes the Offense:
Government officials taking private jobs, public servants accepting prohibited employment, officials violating employment restrictions.
What Doesn't Constitute:
Authorized employment, legitimate work, or lawful activities.
Punishment
Imprisonment up to 1 year, or Fine, or both