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522.050 Abuse of public trust.
(1)
(2)
(3)
(4)
(5)
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.
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.
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.
The judgment of conviction under this section shall recite that the offender is
disqualified to hold any public office thereafter.
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.
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