(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.
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