KRS 522.050: Abuse of public trust.

(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 i s 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 pub lic 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.