(1) A public servant is guilty of official misconduct in the first degree when, with intent to obtain or confer a benefit or to injure another person or to deprive another person of a benefit, he knowingly:
(a) Commits an act relating to his office which constitutes an unauthorized exercise of his official functions; or

Attorney's Note

Under the Kentucky Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class A misdemeanorup to 12 months up to $500
For details, see § 532.090
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Terms Used In Kentucky Statutes 522.020

  • Benefit: means gain or advantage to the beneficiary or to a third person pursuant to the desire or consent of the beneficiary. See Kentucky Statutes 522.010
  • Public servant: means :
    (a) Any public officer or employee of the state or of any political subdivision thereof or of any governmental instrumentality within the state. See Kentucky Statutes 522.010
  • Statute: A law passed by a legislature.

(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 first degree is a Class A misdemeanor.
Effective: January 1, 1975
History: Created 1974 Ky. Acts ch. 406, sec. 187, effective January 1, 1975.