(1) A person is guilty of bribery of a public servant when:
(a) He offers, confers, or agrees to confer any pecuniary benefit upon a public
servant with the intent to influence the public servant's vote, opinion,
judgment, exercise of discretion, or other action in his official capacity as a
public servant; or
(b) While a public servant, he solicits, accepts, or agrees to accept any pecuniary
benefit upon an agreement or understanding that his vote, opinion, judgment,
exercise of discretion, or other action as a public servant will thereby be
influenced.
(2) It is a defense under this section if a person confers or agrees to confer any
pecuniary benefit upon a public servant as a result of conduct of the public servant
which constitutes extortion or coercion.
(3) It is no defense to a prosecution under this section that the person sought to be
influenced was not qualified to act in the desired way because he had not yet
assumed office, lacked jurisdiction, or for any other reason.
(4) Bribery of a public servant is a Class C felony.
Effective: July 15, 1994
History: Amended 1994 Ky. Acts ch. 477, sec. 5, effective July 15, 1994. -- Created
1974 Ky. Acts ch. 406, sec. 183, effective January 1, 1975.
Notes of Decisions
Cited in
16
cases (
1 in the last 5 years), 1976–2026 · leading case:
Kotila v. Commonwealth, 114 S.W.3d 226 (Ky. 2003).
Kotila v. Commonwealth, 114 S.W.3d 226 (Ky. 2003).
· cites it 4× “[5] Similarly, the 1994 General Assembly provided that criminal attempt to violate KRS 521.020 or KRS 521.050, both Class C felonies, would also be a Class C felony.”
Schaefer v. Commonwealth, 622 S.W.2d 218 (Ky. 1981).
· cites it 4× “020 (for bribing a witness), not under KRS 521.020 (for bribing a public servant), and that KRS 524.”
Hatfield v. Commonwealth, 250 S.W.3d 590 (Ky. 2008).
“(4) A criminal attempt is a: (a) Class C felony when the crime attempted is a violation of KRS 521.020 or 521.050; (b) Class B felony when the crime attempted is a Class A felony or capital offense; (c) Class C felony when the crime attempted is a Class B felony; (d) Class A…”
Lovell v. Commonwealth, 695 S.W.2d 429 (Ky. Ct. App. 1985).
· cites it 3× “By contrast, it is plain that KRS 521.020 intends to punish the solicitation as well as the acceptance or agreement to accept a bribe.”
Godby v. Commonwealth, 187 S.W.3d 857 (Ky. Ct. App. 2005).
“On October 22, 2003, a Pulaski County grand jury returned an indictment charging Godby with: Count 1, Bribery of a public servant (KRS 521.020); Count 2, Official misconduct in the first degree (KRS 522.”
Commonwealth v. Gettys, 610 S.W.2d 899 (Ky. Ct. App. 1980).
“The appellee, Gettys, was indicted for violation of KRS 521.020, bribery of a public servant.”
Bruce Holly v. UPS Supply Chain Solutions, 680 F. App'x 458 (6th Cir. 2017).
“While Defendant contends that the reason for the termination was that Plaintiff asked a subordinate employee for a personal favor while on company time, Plaintiff argues this is merely pretext for the illegal motive for his termination—which includes violations of KRS 521.020.…”
United States v. Cissell, 642 S.W.2d 901 (Ky. 1982).
· cites it 2× “37 the United States Court of Appeals for the Sixth Circuit has certified to this court the following question of law: “Whether KRS 521.020[l](a), the Bribery of a Public Servant statute, is violated by a person who is not himself a ‘public servant,’ when said person accepts…”
Hale v. Boyle Cnty., Kentucky (W.D. Ky. 2020).
· cites it 2× “” KRS 521.020(1)(b). There is no indication that “coercion” is a necessary element of the offense proscribed by KRS 521.”
Commonwealth v. Wortman, 929 S.W.2d 199 (Ky. Ct. App. 1996).
“Sisco was charged with Bribing a Public Servant (KRS 521.020). It was alleged that he gave a deputy jailer $10.”
Clark v. Commonwealth, 996 S.W.2d 39 (Ky. Ct. App. 1998).
· cites it 3× “OPINION COMBS, Judge: The appellant, Dorothy Clark, appeals from the judgment of the Franklin Circuit Court convicting her of one count of Bribery of a Public Servant, KRS 521.020. Having carefully examined the record on appeal, we find no error and affirm her conviction.”
— Ky. Rev. Stat. § 521.020(1)(b) — 1 case
Hale v. Boyle Cnty., Kentucky (W.D. Ky. 2020).
“” KRS 521.020(1)(b). There is no indication that “coercion” is a necessary element of the offense proscribed by KRS 521.”
— Ky. Rev. Stat. § 521.020(2) — 1 case
Schaefer v. Commonwealth, 622 S.W.2d 218 (Ky. 1981).
“020 (for bribing a witness), not under KRS 521.020 (for bribing a public servant), and that KRS 524.”
— Ky. Rev. Stat. § 521.020(a)(b) — 1 case
— Ky. Rev. Stat. § 521.020(l)(b) — 1 case
Lovell v. Commonwealth, 695 S.W.2d 429 (Ky. Ct. App. 1985).
“By contrast, it is plain that KRS 521.020 intends to punish the solicitation as well as the acceptance or agreement to accept a bribe.”
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