ABUSE OF PUBLIC OFFICE

KRS tit. L, ch. 522

in effect

KRS 522.010 Definitions

522.010. Definitions The following definitions apply in this chapter, unless the context otherwise requires: (1) "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; or (b) Any person exercising the functions of any such public officer or employee; or (c) Any person participating as advisor, consultant or otherwise in performing a governmental function, but not including witnesses; or (d) Any person elected, appointed or designated to become a public servant although not yet occupying that position. (2) "Benefit" means gain or advantage to the beneficiary or to a third person pursuant to the desire or consent of the beneficiary. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 186, effective January 1, 1975.

KRS 522.020 Official misconduct in the first degree

522.020. Official misconduct in the first degree (1) A public servant is guilty of official misconduct in the first degree when, with intent to obtain or confer a benefit or to injure another person or to deprive another person of a benefit, he knowingly: (a) Commits an act relating to his office which constitutes an unauthorized exercise of his official functions; or (b) Refrains from performing a duty imposed upon him by law or clearly inherent in the nature of his office; or (c) Violates any statute or lawfully adopted rule or regulation relating to his office. (2) Official misconduct in the first degree is a Class A misdemeanor. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 187, effective January 1, 1975.

KRS 522.030 Official misconduct in the second degree

522.030. Official misconduct in the second degree (1) A public servant is guilty of official misconduct in the second degree when he knowingly: (a) Commits an act relating to his office which constitutes an unauthorized exercise of his official functions; or (b) Refrains from performing a duty imposed upon him by law or clearly inherent in the nature of his office; or (c) Violates any statute or lawfully adopted rule or regulation relating to his office. (2) Official misconduct in the second degree is a Class B misdemeanor. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 188, effective January 1, 1975.

KRS 522.040 Misuse of confidential information

522.040. Misuse of confidential information (1) A public servant is guilty of misuse of confidential information when, in contemplation of official action by himself or by a governmental unit with which he is associated, or in reliance on information to which he has access in his official capacity and which has not been made public, he: (a) Accepts or agrees to accept a pecuniary interest in any property, transaction or enterprise which may be affected by such information or official action; or (b) Speculates or wagers on the basis of such information or official action; or (c) Aids another to do any of the foregoing. (2) Misuse of confidential information is a Class D felony. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 189, effective January 1, 1975.

KRS 522.050 Abuse of public trust

522.050. Abuse of public trust (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. Effective: June 24, 2003 History: Created 2003 Ky. Acts ch. 76, sec. 1, effective June 24, 2003.

Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=39388Fetched: 10/20/2026