Kentucky Statutes 514.030 – Theft by unlawful taking or disposition — Penalties
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(1) Except as otherwise provided in KRS § 217.181, a person is guilty of theft by unlawful taking or disposition when he or she unlawfully:
(a) Takes or exercises control over movable property of another with intent to deprive him or her thereof; or
For details, see § 532.060 and § 532.090
(b) Obtains immovable property of another or any interest therein with intent to benefit himself or herself 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;
(i) The value of the property is ten million dollars ($10,000,000) or more, in which case it is a Class B felony; or
(j) The offense occurs during a declared emergency as defined by KRS § 39A.020 arising from a natural or man-made disaster, within the area covered by the emergency declaration, and within the area impacted by the disaster, in which case the person shall be charged one (1) level higher than the level otherwise specified in this subsection.
(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.
Effective: July 14, 2022
History: Amended 2022 Ky. Acts ch. 151, sec. 12, effective July 14, 2022. — Amended
2021 Ky. Acts ch. 66, sec. 8, effective June 29, 2021. — Amended 2013 Ky. Acts ch.
82, sec. 1, effective June 25, 2013. — Amended 2009 Ky. Acts ch. 106, sec. 6, effective June 25, 2009. — Amended 2000 Ky. Acts ch. 233, sec. 8, effective July 14,
2000. — Amended 1998 Ky. Acts ch. 301, sec. 9, effective July 15, 1998. — Amended
1994 Ky. Acts ch. 314, sec. 2, effective July 15, 1994. – Amended 1992 Ky. Acts ch.
451, sec. 1, effective July 14, 1992. — Created 1974 Ky. Acts ch. 406, sec. 119,
effective January 1, 1975.
(a) Takes or exercises control over movable property of another with intent to deprive him or her thereof; or
Attorney's Note
Under the Kentucky Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A felony | between 20 years and life | between $1,000 and $10,000 |
| Class B felony | between 10 and 20 years | between $1,000 and $10,000 |
| Class C felony | between 5 and 10 years | between $1,000 and $10,000 |
| Class D felony | between 1 and 5 years | between $1,000 and $10,000 |
| Class A misdemeanor | up to 12 months | up to $500 |
| Class B misdemeanor | up to 90 days | up to $250 |
Terms Used In Kentucky Statutes 514.030
- Conviction: A judgement of guilt against a criminal defendant.
- Deprive: means :
(a) To withhold property of another permanently or for so extended a period as to appropriate a major portion of its economic value or with intent to restore only upon payment of reward or other compensation. See Kentucky Statutes 514.010 - Immovable property: is a ll other property. See Kentucky Statutes 514.010
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Property: means anything of value, including real estate, tangible and intangible personal property, contract rights, documents, choses-in-action and other interests in or claims to wealth, admission or transportation tickets, captured or domestic animals, food and drink. See Kentucky Statutes 514.010
- Property of another: includes property in which any person other than the actor has an interest which the actor is not privileged to infringe, regardless of the fact that the actor also has an interest in the property and regardless of the fact that the other person might be precluded from civil recovery because the property was used in an unlawful transaction or was subject to forfeiture as contraband. See Kentucky Statutes 514.010
- Statute: A law passed by a legislature.
- Year: means calendar year. See Kentucky Statutes 446.010
(b) Obtains immovable property of another or any interest therein with intent to benefit himself or herself 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;
(i) The value of the property is ten million dollars ($10,000,000) or more, in which case it is a Class B felony; or
(j) The offense occurs during a declared emergency as defined by KRS § 39A.020 arising from a natural or man-made disaster, within the area covered by the emergency declaration, and within the area impacted by the disaster, in which case the person shall be charged one (1) level higher than the level otherwise specified in this subsection.
(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.
Effective: July 14, 2022
History: Amended 2022 Ky. Acts ch. 151, sec. 12, effective July 14, 2022. — Amended
2021 Ky. Acts ch. 66, sec. 8, effective June 29, 2021. — Amended 2013 Ky. Acts ch.
82, sec. 1, effective June 25, 2013. — Amended 2009 Ky. Acts ch. 106, sec. 6, effective June 25, 2009. — Amended 2000 Ky. Acts ch. 233, sec. 8, effective July 14,
2000. — Amended 1998 Ky. Acts ch. 301, sec. 9, effective July 15, 1998. — Amended
1994 Ky. Acts ch. 314, sec. 2, effective July 15, 1994. – Amended 1992 Ky. Acts ch.
451, sec. 1, effective July 14, 1992. — Created 1974 Ky. Acts ch. 406, sec. 119,
effective January 1, 1975.