4887

Any public officer, employee, former officer or former employee who, after completion of the term of office, employment, or assignment, or when the office has been eliminated or the duties entrusted have concluded due to resignation or severance, retains under his/her power or refuses to surrender any property, files, records, documents, access codes, disks, electronic files or any other official information or material belonging to his/her office, whether hard copy or on electronic media, shall incur a fourth degree felony.\nWhen the property or material in his/her custody is mutilated, damaged, destroyed or retrieved, the offender shall incur a third degree felony.\nHistory —June 18, 2004, No. 149, § 259, eff. May 1, 2005.