Kentucky Statutes 514.050 – Theft of property lost, mislaid, or delivered by mistake
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(1) Except as provided in KRS § 365.710, a person is guilty of theft of property lost, mislaid, or delivered by mistake when:
(a) He or she comes into control of the property of another that he or she knows to have been lost, mislaid, or delivered under a mistake as to the nature or amount of the property or the identity of the recipient; and
For details, see § 532.060 and § 532.090
(b) With intent to deprive the owner thereof, he or she fails to take reasonable measures to restore the property to a person entitled to have it.
(2) Theft of property lost, mislaid, or delivered by mistake 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; or
(d) The value of the property is ten thousand dollars ($10,000) or more, in which case it is a Class C felony.
(3) If any person commits two (2) or more separate offenses of theft of property lost, mislaid, or delivered by mistake 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: June 29, 2021
History: Amended 2021 Ky. Acts ch. 66, sec. 10, effective June 29, 2021. — Amended
2009 Ky. Acts ch. 106, sec. 8, effective June 25, 2009. — Amended 1992 Ky. Acts ch. 451, sec. 3, effective July 14, 1992. — Created 1974 Ky. Acts ch. 406, sec. 121, effective January 1, 1975.
(a) He or she comes into control of the property of another that he or she knows to have been lost, mislaid, or delivered under a mistake as to the nature or amount of the property or the identity of the recipient; and
Attorney's Note
Under the Kentucky Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| 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 514.050
- 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 - 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
- Year: means calendar year. See Kentucky Statutes 446.010
(b) With intent to deprive the owner thereof, he or she fails to take reasonable measures to restore the property to a person entitled to have it.
(2) Theft of property lost, mislaid, or delivered by mistake 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; or
(d) The value of the property is ten thousand dollars ($10,000) or more, in which case it is a Class C felony.
(3) If any person commits two (2) or more separate offenses of theft of property lost, mislaid, or delivered by mistake 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: June 29, 2021
History: Amended 2021 Ky. Acts ch. 66, sec. 10, effective June 29, 2021. — Amended
2009 Ky. Acts ch. 106, sec. 8, effective June 25, 2009. — Amended 1992 Ky. Acts ch. 451, sec. 3, effective July 14, 1992. — Created 1974 Ky. Acts ch. 406, sec. 121, effective January 1, 1975.