Kentucky Statutes 514.110 – Receiving stolen property
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(1) A person is guilty of receiving stolen property when he or she receives, retains, or disposes of movable property of another knowing that it has been stolen, or having reason to believe that it has been stolen, unless the property is received, retained, or disposed of with intent to restore it to the owner.
(2) The possession by any person of any recently stolen movable property shall be prima facie evidence that such person knew such property was stolen.
For details, see § 532.060 and § 532.090
(3) Receiving stolen property is a Class B misdemeanor unless:
(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;
(d) The value of the property is ten thousand dollars ($10,000) or more, in which case it is a Class C felony;
(e) The property is a firearm, regardless of the value of the firearm, in which case it is a Class D felony;
(f) 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; or
(g) 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.
(4) If any person commits two (2) or more separate offenses of receiving stolen property 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. 14, effective July 14, 2022. — Amended
2021 Ky. Acts ch. 66, sec. 15, effective June 29, 2021. — Amended 2009 Ky. Acts ch. 106, sec. 13, effective June 25, 2009. — Amended 2000 Ky. Acts ch. 233, sec. 9, effective July 14, 2000; and ch. 490, sec. 2, effective July 14, 2000. — Amended
1994 Ky. Acts ch. 314, sec. 1, effective July 15, 1994; and ch. 396, sec. 9, effective
July 15, 1994. — Created 1974 Ky. Acts ch. 406, sec. 127, effective January 1, 1975.
(2) The possession by any person of any recently stolen movable property shall be prima facie evidence that such person knew such property was stolen.
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 514.110
- Conviction: A judgement of guilt against a criminal defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Movable property: means property the location of which can be changed, including things growing on, affixed to, or found in land, and documents although the rights represented thereby have no physical location. See Kentucky Statutes 514.010
- Owner: when applied to any animal, means any person having a property interest in such animal. See Kentucky Statutes 446.010
- 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
- Receiving: means acquiring possession, control or title or lending on the security of the property. See Kentucky Statutes 514.010
- Year: means calendar year. See Kentucky Statutes 446.010
(3) Receiving stolen property is a Class B misdemeanor unless:
(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;
(d) The value of the property is ten thousand dollars ($10,000) or more, in which case it is a Class C felony;
(e) The property is a firearm, regardless of the value of the firearm, in which case it is a Class D felony;
(f) 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; or
(g) 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.
(4) If any person commits two (2) or more separate offenses of receiving stolen property 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. 14, effective July 14, 2022. — Amended
2021 Ky. Acts ch. 66, sec. 15, effective June 29, 2021. — Amended 2009 Ky. Acts ch. 106, sec. 13, effective June 25, 2009. — Amended 2000 Ky. Acts ch. 233, sec. 9, effective July 14, 2000; and ch. 490, sec. 2, effective July 14, 2000. — Amended
1994 Ky. Acts ch. 314, sec. 1, effective July 15, 1994; and ch. 396, sec. 9, effective
July 15, 1994. — Created 1974 Ky. Acts ch. 406, sec. 127, effective January 1, 1975.