Kentucky Statutes 522.050 – Abuse of public trust
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(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
For details, see § 532.060
(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.
Effective: June 24, 2003
History: Created 2003 Ky. Acts ch. 76, sec. 1, effective June 24, 2003.
(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
Attorney's Note
Under the Kentucky Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class B felony | between 10 and 20 years | between $1,000 and $10,000 |
| Class C felony | between 5 and 10 years | between $1,000 and $10,000 |
| Class D felony | between 1 and 5 years | between $1,000 and $10,000 |
Terms Used In Kentucky Statutes 522.050
- Conviction: A judgement of guilt against a criminal defendant.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Public servant: means :
(a) Any public officer or employee of the state or of any political subdivision thereof or of any governmental instrumentality within the state. See Kentucky Statutes 522.010
(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.
Effective: June 24, 2003
History: Created 2003 Ky. Acts ch. 76, sec. 1, effective June 24, 2003.