Ky. Rev. Stat. » Chapter 522
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).
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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, No. 2023 SC 0149 (Ky. Aug. 24, 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, No. 2023 SC 0149 (Ky. Aug. 24, 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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