Kentucky Revised Statutes

Ky. Rev. Stat. § 522.050 (2026)

Abuse of public trust

✓ current as of May 2026
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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 (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.

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2010–2023 · leading case: Smith v. Peyman, 93 F. Supp. 3d 738 (E.D. Ky. 2015).
Smith v. Peyman, 93 F. Supp. 3d 738 (E.D. Ky. 2015). · cites it 4× “120), abuse of public trust (KRS § 522.050), falsifying business records (KRS § 517.”
Commonwealth v. Nicely, 326 S.W.3d 441 (Ky. 2010). · cites it 2× “KRS 522.050(2). The dissent in this case expresses concern that drug courts are not a court of record.”
Kentucky Bar Ass'n v. David Lee Hargrove (Ky. 2023). “KRS 522.050(3)(b). On January 31, 2020, Hargrove entered into an Aflord plea, pursuant to North Carolina v.”
— Ky. Rev. Stat. § 522.050(2) — 1 case
Commonwealth v. Nicely, 326 S.W.3d 441 (Ky. 2010). “KRS 522.050(2). The dissent in this case expresses concern that drug courts are not a court of record.”
— Ky. Rev. Stat. § 522.050(3)(b) — 1 case
Kentucky Bar Ass'n v. David Lee Hargrove (Ky. 2023). “KRS 522.050(3)(b). On January 31, 2020, Hargrove entered into an Aflord plea, pursuant to North Carolina v.”
— Ky. Rev. Stat. § 522.050(l)(a) — 1 case
Smith v. Peyman, 93 F. Supp. 3d 738 (E.D. Ky. 2015). “120), abuse of public trust (KRS § 522.050), falsifying business records (KRS § 517.”
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