514.070 Theft by failure to make required disposition of property.
648 words·~3 min read·
/ky/chapter-514/514-070A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)A person is guilty of theft by failure to make required disposition of property
received when he or she:
(a)1. Obtains property upon agreement or subject to a known legal obligation
to make specified payment, with no option to purchase, or other
disposition whether from such property or its proceeds or from his or her
own property to be reserved in equivalent amount; and
2. Intentionally deals with the property as his or her own and fails to make
the required payment or disposition; or
(b)1. Rents or leases personal property having a fair market value of one
hundred dollars ($100) or more under a written agreement with no
option to purchase;
2. Fails to return the personal property within five
(5)days after receiving
notice sent by the merchant or lessor demanding return by certified mail
at the address on the written agreement; and
3. Intentionally possesses or conceals the personal property, or otherwise
withholds the location, if known, of the personal property.
(a)It shall not be a defense to subsection (1)(b) of this section that the person
returned the personal property after the expiration of the time period specified
in subsection (1)(b)2. of this section.
(b)If the personal property is returned, any monetary loss resulting from the
deprivation of the right of the owner to use the personal property for future
rentals may only be pursued as a civil matter under the terms of the rental
agreement.
(c)This section shall not be construed to prevent a person from being prosecuted
under any other provision of the Kentucky Penal Code for the failure to return
the personal property as provided in subsection (1)(b) of this section.
(3)The provisions of subsection
(1)of this section apply notwithstanding that it may be
impossible to identify particular property as belonging to the victim at the time of
the actor's failure to make the required payment or disposition.
(4)An officer or employee of the government or of a financial institution is presumed:
(a)To know any legal obligation relevant to his or her criminal liability under
this section; and
(b)To have dealt with the property as his or her own when:
1. He or she fails to account or pay upon lawful demand; or
2. An audit reveals a shortage or falsification of accounts.
(5)Theft by failure to make required disposition of property received is a Class B
misdemeanor unless, for a violation of subsection (1)(a) of this section:
(a)The value of the property is five hundred dollars ($500) or more but less than
one thousand dollars ($1,000), in which case it is a Class A misdemeanor;
(b)The value of the property is one thousand dollars ($1,000) or more but less
than ten thousand dollars ($10,000), in which case it is a Class D felony;
(c)A person has three
(3)or more convictions under paragraph
(a)of this
subsection within the last five
(5)years, in which case it is a Class D felony.
The five
(5)year period shall be measured from the dates on which the
offenses occurred for which the judgments of conviction were entered; or
(d)The value of the property is ten thousand dollars ($10,000) or more, in which
case it is a Class C felony.
(6)A person shall not be convicted of theft by failure to make required disposition of
property received when he or she has also been convicted of a violation of KRS
522.050 arising out of the same incident.
(7)If any person commits two
(2)or more separate offenses of theft by failure to make
a required disposition of property received within ninety
(90)days, the offenses
may be combined and treated as a single offense, and the value of the property in
each offense may be aggregated for the purpose of determining the appropriate
charge.