KRS 522.030: Official Misconduct in the Second Degree

What Is KRS 522.030?

KRS 522.030 is Kentucky’s second-degree official misconduct statute. It applies to public servants who recklessly or negligently misuse their position. People in Lexington and Louisville facing these charges are typically government employees facing professional consequences.

What the Statute Prohibits

A public servant commits second-degree official misconduct when they:

  • Recklessly fail to perform a duty imposed by law
  • Recklessly violate a duty inherent in their office

Penalties Under KRS 522.030

  • Class B misdemeanor: Up to 90 days in jail
  • Loss of public office
  • Substantial fines

Difference from First-Degree

First-degree misconduct requires intent to benefit or injure. Second-degree requires only recklessness in performing duties.

Common Cases

  • Failure to follow procedures
  • Negligent performance of duties
  • Reckless decisions in official capacity

Defenses Available

  • Conduct was authorized
  • Conduct was reasonable interpretation of duties
  • Lack of recklessness
  • No actual breach of duty

Clark + Harris Defends Government Employee Cases

Call 859-474-0001 — 24/7.

Frequently Asked Questions

How soon should I contact Clark + Harris after being charged in Kentucky?

As soon as possible. Early representation protects your rights during questioning, preserves evidence, and often leads to better outcomes. Call 859-474-0001 — we respond promptly to new inquiries.

Does Clark + Harris represent clients throughout Kentucky?

Yes. We represent clients in all 120 Kentucky counties, both state District and Circuit courts, and federal courts in the Eastern and Western Districts of Kentucky.

What happens during a free consultation with Clark + Harris?

We review the specific charges and evidence, discuss available defenses, explain the likely process in the relevant court, and give you a clear roadmap of next steps — at no cost to you.

Related Resources

If this information applied to your situation, the following Clark + Harris guides may also be helpful:


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