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4.01.801. Criminal penalties

            (1)        (a)        A public employee or other person who has lawful access to any private, controlled, or protected record under this Chapter, and who intentionally discloses or provides a copy of a private, controlled, or protected record to any person knowing that such disclosure is prohibited, is guilty of a class B misdemeanor.

                        (b)        It is a defense to prosecution under Subsection (1)(a) that the actor released private, controlled, or protected information in the reasonable belief that the disclosure of the information was necessary to expose a violation of law involving government corruption, abuse of office, or misappropriation of public funds or property.

                        (c)        It is a defense to prosecution under Subsection (1)(a) that the record could have lawfully been released to the recipient if it had been properly classified.

            (2)        (a)        A person who by false pretenses, bribery, or theft, gains access to or obtains a copy of any private, controlled, or protected record to which he is not legally entitled is guilty of a class B misdemeanor.  Each and any unlawful dissemination of this information constitutes a separate offense and is a class B misdemeanor.

                        (b)        No person shall be guilty under Subsection (2)(a) who receives the record, information, or copy after the fact and without prior knowledge of or participation in the false pretenses, bribery, or theft.

            (3)        A public employee who intentionally refuses to release a record, the disclosure of which the employee knows is required by law or by final unappealed order from a governmental entity, a Council, or a court, is guilty of a class B misdemeanor.


Ord. No.97-35, Recodified, 6/19/1997
Ord. No. 00-24, Amended, 6/1/2000
Ord. No. 954, Enacted, 6/18/1992

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