Kentucky Statutes 514.020 – General provisions
Current as of: 2024 | Check for updates
|
Other versions
(1) It is a defense to prosecution for theft that the actor:
(a) Was unaware that the property or service was that of another; or
(b) Acted under a claim of right to the property or service involved or a claim that he had a right to acquire or dispose of it as he did; or
(c) Took property exposed for sale, intending to purchase and pay for it promptly, or reasonably believing that the owner, if present, would have consented.
(2) It is no defense that theft was from the actor’s spouse, except that misappropriation of household and personal effects or other property normally accessible to both spouses is theft only if it involves the property of the other spouse and only if it occurs after the parties have ceased living together.
(3) It shall be prima facie evidence of intent to commit theft by deception when one who has leased or rented the personal property of another fails to return the personal property to its owner within ten (10) days after the lease or rental agreement has expired. It shall also be prima facie evidence of intent to commit theft by deception when one presents to the owner identification which is false, fictitious or not current as to name, address, place of employment or other items of identification for the purpose of obtaining the lease or rental agreement. Nothing herein contained shall relieve the owner from making demand for return of property so leased or rented. Notice addressed and mailed to the lessee or renter at the address given at the time of the making of the lease or rental agreement shall constitute proper demand.
Effective: July 15, 1980
History: Amended 1980 Ky. Acts ch. 267, sec. 3, effective July 15, 1980. — Amended
1978 Ky. Acts ch. 78, sec. 3, effective June 17, 1978. — Created 1974 Ky. Acts ch.
406, sec. 118, effective January 1, 1975.
Legislative Research Commission Note. Although this section is included in Acts 1980, ch. 267, the proposed change was deleted by floor amendment.
(a) Was unaware that the property or service was that of another; or
Terms Used In Kentucky Statutes 514.020
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- 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.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Owner: when applied to any animal, means any person having a property interest in such animal. See Kentucky Statutes 446.010
- Personal property: All property that is not real property.
- 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
(b) Acted under a claim of right to the property or service involved or a claim that he had a right to acquire or dispose of it as he did; or
(c) Took property exposed for sale, intending to purchase and pay for it promptly, or reasonably believing that the owner, if present, would have consented.
(2) It is no defense that theft was from the actor’s spouse, except that misappropriation of household and personal effects or other property normally accessible to both spouses is theft only if it involves the property of the other spouse and only if it occurs after the parties have ceased living together.
(3) It shall be prima facie evidence of intent to commit theft by deception when one who has leased or rented the personal property of another fails to return the personal property to its owner within ten (10) days after the lease or rental agreement has expired. It shall also be prima facie evidence of intent to commit theft by deception when one presents to the owner identification which is false, fictitious or not current as to name, address, place of employment or other items of identification for the purpose of obtaining the lease or rental agreement. Nothing herein contained shall relieve the owner from making demand for return of property so leased or rented. Notice addressed and mailed to the lessee or renter at the address given at the time of the making of the lease or rental agreement shall constitute proper demand.
Effective: July 15, 1980
History: Amended 1980 Ky. Acts ch. 267, sec. 3, effective July 15, 1980. — Amended
1978 Ky. Acts ch. 78, sec. 3, effective June 17, 1978. — Created 1974 Ky. Acts ch.
406, sec. 118, effective January 1, 1975.
Legislative Research Commission Note. Although this section is included in Acts 1980, ch. 267, the proposed change was deleted by floor amendment.