Kentucky Statutes 514.070 – Theft by failure to make required disposition of property
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(1) A person is guilty of theft by failure to make required disposition of property received when:
(a) He or she obtains property upon agreement or subject to a known legal obligation to make specified payment or other disposition whether from such property or its proceeds or from his or her own property to be reserved in equivalent amount; and
For details, see § 532.060 and § 532.090
(b) He or she intentionally deals with the property as his or her own and fails to make the required payment or disposition.
(2) The provisions of subsection (1) apply notwithstanding that it may be impossible to identify particular property as belonging to the victim at the time of the actor’s failure to make the required payment or disposition.
(3) An officer or employee of the government or of a financial institution is presumed: (a) To know any legal obligation relevant to his or her criminal liability under this
section; and
(b) To have dealt with the property as his own when:
1. He or she fails to account or pay upon lawful demand; or
2. An audit reveals a shortage or falsification of accounts.
(4) Theft by failure to make required disposition of property received 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.
(5) No person shall be convicted of theft by failure to make required disposition of property received when he or she has also been convicted of a violation of KRS
522.050 arising out of the same incident.
(6) If any person commits two (2) or more separate offenses of theft by failure to make a required disposition of property received 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. 12, effective June 29, 2021. — Amended
2009 Ky. Acts ch. 106, sec. 10, effective June 25, 2009. — Amended 2003 Ky. Acts ch. 76, sec. 2, effective June 24, 2003. — Amended 1992 Ky. Acts ch. 451, sec. 5, effective July 14, 1992. — Created 1974 Ky. Acts ch. 406, sec. 123, effective January
1, 1975.
(a) He or she obtains property upon agreement or subject to a known legal obligation to make specified payment or other disposition whether from such property or its proceeds or from his or her own property to be reserved in equivalent amount; 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 |
Terms Used In Kentucky Statutes 514.070
- Conviction: A judgement of guilt against a criminal defendant.
- Financial institution: means a bank, insurance company, credit union, building and loan association, savings and loan association, investment trust or other organization held out to the public as a place of deposit of funds or medium of savings or collective investment. See Kentucky Statutes 514.010
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- 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
- Year: means calendar year. See Kentucky Statutes 446.010
(b) He or she intentionally deals with the property as his or her own and fails to make the required payment or disposition.
(2) The provisions of subsection (1) apply notwithstanding that it may be impossible to identify particular property as belonging to the victim at the time of the actor’s failure to make the required payment or disposition.
(3) An officer or employee of the government or of a financial institution is presumed: (a) To know any legal obligation relevant to his or her criminal liability under this
section; and
(b) To have dealt with the property as his own when:
1. He or she fails to account or pay upon lawful demand; or
2. An audit reveals a shortage or falsification of accounts.
(4) Theft by failure to make required disposition of property received 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.
(5) No person shall be convicted of theft by failure to make required disposition of property received when he or she has also been convicted of a violation of KRS
522.050 arising out of the same incident.
(6) If any person commits two (2) or more separate offenses of theft by failure to make a required disposition of property received 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. 12, effective June 29, 2021. — Amended
2009 Ky. Acts ch. 106, sec. 10, effective June 25, 2009. — Amended 2003 Ky. Acts ch. 76, sec. 2, effective June 24, 2003. — Amended 1992 Ky. Acts ch. 451, sec. 5, effective July 14, 1992. — Created 1974 Ky. Acts ch. 406, sec. 123, effective January
1, 1975.