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Theft

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Theft charges in Kentucky cover a wide array of activities and vary greatly according to the amount of money taken, or the value of the items or services. Theft crimes can be charged as misdemeanors or felonies. Theft crimes can really affect a person’s future, especially as it pertains to future employment. It can even disqualify a person for certain positions. It is extremely important to call John at (859) 940-7480 because there are defenses and many ways an attorney can help. 

Other specific theft offenses include:

  • Theft by Unlawful Taking (TBUT)
  • Theft by Deception (TBD)
  • Theft by Failure to Make Required Disposition (Taking money for a produce or service and then not delivering)
  • Theft of Services or Labor Rendered
  • Theft by Extortion (Threats or Coercion)
  • Embezzlement
  • Receiving Stolen Property

KRS 514.030 - Theft by Unlawful Taking (TBUT) is the most commonly charged theft crime. 

Theft by Unlawful Taking or Disposition | Section 514.030

(1) Except as otherwise provided in KRS 217.181, a person is guilty of theft by unlawful taking or disposition when he unlawfully: 


(a) Takes or exercises control over movable property of another with intent to deprive him thereof; or


(b) Obtains immovable property of another or any interest therein with intent to benefit himself or another not entitled thereto.

 

(2) Theft by unlawful taking or disposition is a Class B misdemeanor unless:


(a) The property is a firearm (regardless of the value of the firearm), in which case it is a Class D felony;


(b) The property is anhydrous ammonia (regardless of the value of the ammonia), in which case it is a Class D felony unless it is proven that the person violated this section with the intent to manufacture methamphetamine in violation of KRS 218A.1432, in which case it is a Class B felony for the first offense and a Class A felony for each subsequent offense;


(c) The property is one (1) or more controlled substances valued collectively at less than ten thousand dollars ($10,000), in which case it is a Class D felony;


(d) 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;


(e) 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;


(f) The person has three (3) or more convictions under paragraph (d) 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;


(g) The value of the property is ten thousand dollars ($10,000) or more but less than one million dollars ($1,000,000), in which case it is a Class C felony;


 (h) The value of the property is one million dollars ($1,000,000) or more but less than ten million dollars ($10,000,000), in which case it is a Class B felony; or,



 (i) The value of the property is ten million dollars ($10,000,000) or more, in which case it is a Class B felony.

 

(3) Any person convicted under subsection (2)(i) of this section shall not be released on probation or parole until he or she has served at least fifty percent (50%) of the sentence imposed, any statute to the contrary notwithstanding.

 

(4) If any person commits two (2) or more separate offenses of theft by unlawful taking or disposition 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.


KRS 514.030

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