Ky. Rev. Stat. » Chapter 522

Ky. Rev. Stat. § 522.030

Official misconduct in the second degree

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(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.

Notes of Decisions
Cited in 6 cases (3 in the last 5 years), 1984–2024 · leading case: Miller v. Davis
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Miller v. Davis (2017) kyed · cites it 2× “” Ky. Rev. Stat. Ann. § 522.020 (1). “Official misconduct in the first degree is a Class A misdemeanor.”
Donta v. Commonwealth (1993) kyctapp · cites it 3× “See KRS 522.030. On appeal, appellant contends that his trial in absentia deprived him of certain constitutional due process rights, as well as of his right to adduce certain exculpatory evidence and evidence regarding the absence of mens rea.”
Wilson v. Bureau of State Police (1984) kyctapp “765 imposed an absolute duty on him to enforce the traffic laws against the operators of all vehicles so that, if he knowingly failed to do so, he could be prosecuted under KRS 522.030 for the offense of misconduct in the second degree.”
Jeff Carpenter v. Kathleen Kenney (2022) kyctapp · cites it 2× “100, KRS 522.030, and KRS 525.070 as the court did not have the power to prosecute these criminal claims, denied a violation of KRS Chapter 344 could take place where Carpenter was not considered an employee by providing prison labor, determined Carpenter failed to exhaust his…”
Ballard v. Cope (2023) kyed · cites it 2× “§ 522.030 for “knowingly” engaging in an unauthorized exercise of his official functions, refraining from performing a duty imposed by his office, or violating a statute, rule, or regulation relating to his office.”
David v. Franklin County, Kentucky (2024) kyed “020 and KRS 522.030.” [R. 11 at 6.] However, the Sixth Circuit has made clear that “a court considering a motion to dismiss must focus only on the allegations in the pleadings; this does not include plaintiffs’ responses to a motion to dismiss.”
— Ky. Rev. Stat. § 522.030(1) — 1 case
Jeff Carpenter v. Kathleen Kenney (2022) kyctapp “100, KRS 522.030, and KRS 525.070 as the court did not have the power to prosecute these criminal claims, denied a violation of KRS Chapter 344 could take place where Carpenter was not considered an employee by providing prison labor, determined Carpenter failed to exhaust his…”
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