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Current as of January 01, 2025 | Updated by Findlaw Staff
(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.
Cite this article: FindLaw.com - Kentucky Revised Statutes Title L. Kentucky Penal Code § 522.050.Abuse of public trust - last updated January 01, 2025 | https://codes.findlaw.com/ky/title-l-kentucky-penal-code/ky-rev-st-sect-522-050/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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