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No. 120461 No. 120453 FILED JUNE 18, 2003 PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellant, v MARK DREW PERKINS, Defendant-Appellee. |
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At common law, misconduct in office was defined as “corrupt behavior by an officer in the exercise of the duties of his office or while acting under color of his office.” People v Coutu, 459 Mich 348, 354; 589 NW2d 458 (1999)( CoutuI ), quoting Perkins & Boyce, Criminal Law (3d ed), p 543. Anofficer could be convicted of misconduct in office (1) for MCL 750.505 provides: Any person who shall commit any indictable offense at the common law, for the punishment of which no provision is expressly made by any statute of this state, shall be guilty of a felony, punishable by imprisonment in the state prison not more than 5 years or by a fine of not more than $10,000.00, or both in the discretion of the court. committing any act which is itself wrongful, malfeasance, (2) for committing a lawful act in a wrongful manner, misfeasance, or (3) for failing to perform any act that the duties of the office require of the officer, nonfeasance. Perkins, p 540. However, committing nonfeasance or acts of malfeasance or misfeasance are not enough to constitute misconduct in office. In the case of malfeasance and misfeasance, the offender also must act with a corrupt intent, i.e., with a "sense of depravity, perversion or taint." See Perkins, p 542. See also People v Coutu (On Remand), 235 Mich App 695, 706; 599 NW2d 556 (1999)(Coutu II). In the case of nonfeasance, an offender must willfully neglect to perform the duties of his office. Perkins, p 547. definition of depravity 1. Moral corruption or degradation. definition of taint v 3. To corrupt morally. n 1. A moral defect considered as a stain or spot.
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