When high-profile political disputes boil over into the criminal justice system, the charges brought forward often center on specialized white-collar and public offenses rather than standard criminal code entries. Recent legal actions in South Louisiana have brought intense public focus onto two distinct felony statutes under the state’s criminal code: Public Intimidation and Malfeasance in Office.
According to AP, Louisiana Attorney General Liz Murrill was indicted by an Orleans Parish grand jury on 16 counts involving intimidation and malfeasance connected to alleged threats against New Orleans officials during a dispute over changes to local court offices. Murrill denies wrongdoing and has called the indictment retaliatory, meritless, and unconstitutional.
Unpacking exactly what the state must prove to secure a conviction under these complex laws reveals the high legal stakes involved when public actions cross the line into criminal allegations.
Quick Summary: Public Intimidation and Malfeasance in Office
Public intimidation and malfeasance in office are Louisiana criminal charges that can arise when the state alleges improper threats, pressure, or misuse of official authority.
Public intimidation generally focuses on the use of violence, force, extortionate threats, or true threats against certain protected people, including public officers, public employees, jurors, witnesses, voters, election officials, or school bus operators, with the intent to influence their conduct in relation to their position, employment, or duty.
Malfeasance in office is different. It applies to public officers or public employees and focuses on the alleged misuse of official duties, such as intentionally failing to perform a lawful duty, intentionally performing a duty unlawfully, or knowingly allowing someone under their authority to do so.
In any criminal case, the state must prove the required elements beyond a reasonable doubt. An indictment is not a conviction, and public-official cases often involve factual, legal, constitutional, and political context.
Why These Charges Are in the News
The charges stem from letters sent by AG Murrill regarding the city’s refusal to accept the elimination of the city’s criminal clerk of court position earlier in 2026. New Orleans has argued the legislation was retaliatory towards the city, as it does not support Governor Jeff Landry. The validity of the legislation was upheld by the Louisiana Supreme Court in June of 2026. Governor Jeff Landry says that he will pardon his AG immediately, as his office and the office of the AG say these indictments are retaliatory measures by the City of New Orleans.
What is Public Intimidation in Louisiana?
Under Louisiana law, public intimidation is not a standard misdemeanor harassment charge; it is a serious felony offense. The statute, La. R.S. 14:122, applies when someone uses violence, force, extortionate threats, or true threats against certain protected people with the intent to influence their conduct in relation to their position, employment, or duty. The protected categories include public officers, public employees, grand jurors, petit jurors, witnesses, voters, election officials, and school bus operators.
The Core Legal Battlegrounds:
- Intent vs. Outcome: To secure a conviction, the state does not actually have to prove that the public official changed their vote or altered their behavior. The crime is fully completed the moment the threat or force is applied with the specific intent to influence that official’s duties.
- Legal Guidance vs. Criminal Threats: The secondary legal friction routinely seen in these cases involves the line between aggressive professional communication and criminal behavior. Defense strategies frequently focus on whether a written communication constitutes an objective “warning about the application of existing law”—such as highlighting state usurper statutes—or whether it crosses the threshold into an unlawful threat of retaliation.
What Is a “True Threat” Under Louisiana Law?
These involve a serious expression of intent to commit an unlawful act of violence against a person or group, with the intent to place that person or group in fear of bodily harm or death. The person does not have to actually intend to carry out the threat.
What is a “Extortionate Threat” Under Louisiana Law?
These involve an unlawful threat to harm another person with the intent to obtain something of value, an advantage, immunity, or something the person could not otherwise lawfully secure from the alleged victim.
What is the Penalty for Public Intimidation?
A conviction for public intimidation carries severe exposure, exposing a defendant to fines of up to $1,000, imprisonment with or without hard labor for up to five years, or both.
What Is Malfeasance in Office in Louisiana?
Malfeasance in office serves as the state’s primary statutory tool for prosecuting public officials, employees, or law enforcement officers accused of violating the public trust. Unlike public intimidation, which can be charged against any citizen, malfeasance can only be committed by an individual acting in an official public capacity. Under La. R.S. 14:134, malfeasance can occur when a public officer or public employee intentionally refuses or fails to perform a lawfully required duty, intentionally performs such a duty in an unlawful manner, or knowingly permits someone under their authority to do so.
The state can trigger a malfeasance charge under three distinct circumstances:
- Knowingly permitting any other public employee under their direct authority to violate or fail to perform their legal duties.
- Intentionally refusing or failing to perform a duty explicitly required of them by law.
- Intentionally performing a mandatory legal duty in an unlawful manner.
In plain English, malfeasance is not just “bad behavior by a public official.” The state generally has to connect the alleged misconduct to a lawful duty of office and show that the public officer or employee intentionally failed to perform that duty, performed it unlawfully, or knowingly allowed someone under their authority to do so.
The Real-World Complexity:
Malfeasance cases rarely involve straightforward property crimes. Instead, they almost always hinge on complex statutory interpretation. The prosecution must explicitly identify the exact state constitution article, revised statute, or lawful municipal mandate that the official supposedly bypassed or executed unlawfully.
Because the text of the statute leaves wide room for interpretation regarding what constitutes an “unlawful manner” of performance, these charges are intensely litigated via pre-trial motions and constitutional challenges before they ever reach a jury panel.
What is the Penalty for Malfeasance in Office?
The penalty is more serious than public intimidation: up to ten years imprisonment, with or without hard labor, a fine of up to $5,000, or both. Restitution may also be ordered if the state suffered a loss.
How Public Intimidation and Malfeasance Are Different
Public intimidation is about threats or coercive pressure against protected people.
Malfeasance in office is about misuse of public office or failure to perform official duties lawfully.
That distinction matters. A public-intimidation case may turn on whether the communication was a lawful warning, a political statement, a legal position, an extortionate threat, or a true threat. A malfeasance case may turn on whether the accused had a specific legal duty, whether the duty was performed unlawfully, and whether the conduct was intentional.
Disclaimer
An indictment is only an accusation. It does not mean the person is guilty. This article uses the reported indictment to explain two Louisiana criminal charges that are often misunderstood: public intimidation and malfeasance in office.
Can Liz Murrill be Pardoned for These Crimes?
Yes, and Governor Jeff Landry has already promised to immediately pardon AG Murrill.
Frequently Asked Questions
What is the difference between Public Intimidation and a simple threat?
Under Louisiana law, a standard threat may be prosecuted as a misdemeanor assault or a specialized menacing charge. Public Intimidation (La. R.S. § 14:122) rises to a serious felony level because of who the target is and why the communication was made. The state must prove the threat was explicitly directed at a public official, law enforcement officer, juror, or election worker with the specific intent to influence or retaliate against their official public duties.
Can a private citizen be charged with Malfeasance in Office?
No. Malfeasance in Office (La. R.S. § 14:134) is an offense that applies strictly to public officers, public employees, or law enforcement officials. A private citizen cannot commit malfeasance independently, though they could theoretically face charges as a principal or co-conspirator if they actively aided or abetted a public official in executing an unlawful act.
Are these white-collar charges eligible for expungement?
Yes, but they are subject to standard Louisiana felony lookback rules. Because Public Intimidation and standard Malfeasance in Office are classified as felonies, a individual must wait 10 years from the absolute completion of their sentence, probation, or parole without any subsequent convictions before they can petition the court for an expungement. Or they must enter a plea under Article 893.
The Broader Impact on Southwest Louisiana Cases
While high-profile state dynamics routinely dominate the nightly news cycles for these offenses, public intimidation and malfeasance charges are regularly leveled at regional levels. From municipal employees and parish workers to individuals involved in heated disputes with local law enforcement or administrative figures inside the 14th Judicial District Court, the underlying mechanics of the law remain identical.
Last updated July 2026
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