Color of Office refers to

• A. Pretense of an official right to do an act made by one who has no such right.
• B. The appearance of authority by a public officer based on office.
• C. A legitimate exercise of official power in performance of duties.
• D. An act performed under color of office is an act by an officer who claims authority to do the act by reason of his or her office when the office does not confer on him or her any such authority.

Answer: (D)

Color of office means acting with the pretended authority of one’s official position—claiming power by virtue of the office, when that office does not actually grant that authority. The best option states that an act done under color of office is performed by an officer who claims authority to do the act by reason of the office, but the office does not confer such authority. This nails the essential idea: the person uses the office as the justification, yet real authority is lacking. The other descriptions are less precise: they describe pretense in general, or the mere appearance of authority, or a legitimate exercise of power, which aren’t the same as acting under color of an office without real authority.