522.050 Abuse of public trust.
295 words·~1 min read·
/ky/chapter-522/522-050A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)A public servant who is entrusted with public money or property by reason of
holding public office or employment, exercising the functions of a public officer or
employee, or participating in performing a governmental function, is guilty of abuse
of public trust when:
(a)He or she obtains public money or property subject to a known legal
obligation to make specified payment or other disposition, whether from the
public money or property or its proceeds; and
(b)He or she intentionally deals with the public money or property as his or her
own and fails to make the required payment or disposition.
(2)A public servant is presumed:
(a)To know any legal obligation relative to his or her criminal liability under this
section; and
(b)To have dealt with the public money or property as his or her own when:
1. He or she fails to account upon lawful demand; or
2. An audit reveals a shortage or falsification of accounts.
(3)Abuse of public trust is:
(a)A Class D felony if the value of the public money or property is less than ten
thousand dollars ($10,000);
(b)A Class C felony if the value of the public money or property is ten thousand
dollars ($10,000) or more, but less than one hundred thousand dollars
($100,000); and
(c)A Class B felony if the value of the public money or property is one hundred
thousand dollars ($100,000) or more.
(4)The judgment of conviction under this section shall recite that the offender is
disqualified to hold any public office thereafter.
(5)Conduct serving as the basis for the conviction of a public servant under this section
shall not also be used to obtain a conviction of the public servant under KRS
514.070.