Official misconduct in the second degree
Applied in 3 court decisions — leading case Donta v. Commonwealth (1993)
Most recently applied in Miller v. Davis (July 2017)
Effective: January 1, 1975 History: Created 1974 Ky
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
(1) A public servant is guilty of official misconduct in the second degree when he knowingly:
(a) Commits an act relating to his office which constitutes an unauthorized exercise of his official functions; or (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 second degree is a Class B misdemeanor.
Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.