Kentucky Revised Statutes
Ky. Rev. Stat. § 61.190 (2026)
Repealed, 2003
✓ current as of May 2026
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Catchline at repeal: Receiving profit on public funds -- Penalty History: Repealed Ky. Acts ch. 76, sec. 3, effective June 24, 2003. -- Amended 1992 Ky. Acts ch. 463, sec. 8, effective July 14, 1992. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 3747.
Notes of Decisions
Cited in 9
cases, 1949–2003 · leading case: Martin v. Commonwealth, 96 S.W.3d 38 (Ky. 2003).
Martin v. Commonwealth, 96 S.W.3d 38 (Ky. 2003). “2d 740 (1967), our predecessor Court upheld against a vagueness challenge the provision of KRS 61.190 that provides a penalty for "[a]ny public officer who shall receive, directly or indirectly, any interest, profits or perquisites arising from the use or loan of public funds.”
Fanelli v. Commonwealth, 418 S.W.2d 740 (Ky. Ct. App. 1967). “Howard, an attorney, contained nine counts each; one indictment was drawn under KRS 61.190, providing a penalty for “(a)ny public officer who shall receive, directly or indirectly, any interest, profits or perquisites arising from the use or loan of public funds in his hands, or…”
Fanelli v. Commonwealth, 423 S.W.2d 255 (Ky. Ct. App. 1968). “02 motion to vacate a judgment or judgments sentencing him to one year in prison on each of ten counts for violating KRS 61.190 (receiving profit on public funds) and fining him $900 on each of ten counts for violating KRS 432.”
Commonwealth v. Howard, 379 S.W.2d 475 (Ky. Ct. App. 1964). “125461, violations of KRS 61.190, receiving a profit on public funds, were charged.”
A & W Equip. Co. v. Carroll, 377 S.W.2d 895 (Ky. Ct. App. 1964). “The trial court apparently felt that his act done while retaining the above *899 position violated KRS 61.190, -which in part reads: “Any public officer who shall receive, directly or indirectly, any interest, profits or perquisites arising from the use or loan of public funds…”
Buchignani v. Lexington-Fayette Urban Cnty. Gov't, 632 S.W.2d 465 (Ky. Ct. App. 1982). “Conversely, the appellees argue that notwithstanding the appellant’s good faith operation of the commissary, and its benefits to the County Government, such operation violates § 173 of The Kentucky Constitution as well as KRS 61.”
Commonwealth v. Fanelli, 445 S.W.2d 126 (Ky. Ct. App. 1969). “350 (taking bribes) and KRS 61.190 (receiving profit from public funds by public officers).”
Herd v. Lyttle, 222 S.W.2d 834 (Ky. Ct. App. 1949). “White was a member of the County Budget Commission when this claim was allowed in 1948, and appellants say its payment to him by the fiscal court violates KRS 61.190 which prohibits any pubilc officer from receiving, directly or indirectly, any interest, profit or perquisites…”
Kentucky State Bar Ass'n v. Howard, 437 S.W.2d 171 (Ky. Ct. App. 1969). “Howard, an attorney, was convicted on charges of receiving, as a public officer (a water district commissioner), profits from the use of public funds in his hands, KRS 61.190, and of accepting a bribe, KRS 432.”
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