A public servant is guilty of profiteering when, in contemplation of official action by the public servant or by a governmental entity with which the public servant is associated, or in reliance on information to which the public servant has access in an official capacity and which has not been made public: (1) The public servant acquires a pecuniary interest in any property, transaction or enterprise which may be affected by the official action or information; or (2) The public servant speculates or wagers on the basis of the official action or information; or (3) The public servant aids another person to do any of the foregoing acts, intending to gain thereby a personal benefit. Profiteering is a class A misdemeanor.
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