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Kentucky Theft Laws
(1) Willful concealment of unpurchased merchandise of any store or other mercantile
establishment on the premises of such store shall be prima facie evidence of an
intent to deprive the owner of his property without paying the purchase price
(2) All city and county law enforcement agencies shall cause to be made a photograph,
a set of fingerprints, and a general descriptive report of all persons except juveniles
arrested for theft through an act of shoplifting. If convicted, two (2) copies of each
item shall be forwarded within thirty (30) days to the Department of Kentucky State
Police of the Justice and Public Safety Cabinet.
Effective: June 26, 2007
35.670 Larceny -- Wrongful appropriation.
(1) Any person subject to this code who wrongfully takes, obtains, or withholds by any
means, from the possession of the owner or of any other person any money,
personal property or articles of value of any kind:
(a) With intent permanently to deprive or defraud another person of the use and
benefit of property or to appropriate it to his own use or the use of any person
other than the owner, steals that property and is guilty of larceny; or
(b) With intent temporarily to deprive or defraud another person of the use and
benefit of property or to appropriate it to his own use or the use of any person
other than the owner, is guilty of wrongful appropriation.
(2) Any person found guilty of larceny or wrongful appropriation shall be punished as a
514.060 Theft of services.
(1) A person is guilty of theft of services when:
(a) The person intentionally obtains services by deception or threat or by false
token or other means to avoid payment for the services which he knows are
available only for compensation;
(b) The person intentionally obtains wireless communications services or access
to services by any of the following means:
1. Unauthorized interception of any electronic serial number, mobile
identification number, personal identification number, or like identifying
2. Unauthorized interception of any cellular service or personal
communications service as terms may be defined in 47 C.F.R. parts 22
and 24 respectively;
3. Unauthorized interception of any similar telephone service; or
4. Use of deception, threat, or other means to avoid payment for the
services which the person knows are available only for charge or
(c) Having control over or unauthorized access to the use of the services of others
to which the person is not entitled, the person intentionally diverts the services
to the person's own benefit or the benefit of another not entitled thereto.
(2) Where compensation for services is ordinarily paid immediately upon the rendering
of the services, as in the case of hotels and restaurants, refusal to pay or absconding
without payment or offer to pay shall be prima facie evidence that the services were
obtained by deception as to intention to pay.
(3) In any prosecution for theft of gas, water, electricity, or other public service, where
the utility supplying the service had installed a meter or other device to record the
amount of service supplied, proof that:
(a) The meter or other device has been altered, tampered with, or bypassed in a
manner so as to prevent or reduce the recording thereof; or
(b) Service has been, after having been disconnected by the utility supplying
service, reconnected without authorization of the utility
shall be prima facie evidence of the intent to commit theft of service by the person
or persons obligated to pay for service supplied through the meter or other device.
(4) Theft of services is a Class A misdemeanor unless the value of the service is three
hundred dollars ($300) or more, in which case it is a Class D felony.
Effective: July 15, 1998
514.160 Theft of identity.
(1) A person is guilty of the theft of the identity of another when he or she knowingly
possesses or uses any current or former identifying information of the other person
or family member or ancestor of the other person, such as that person's or family
member's or ancestor's name, address, telephone number, electronic mail address,
Social Security number, driver's license number, birth date, personal identification
number or code, and any other information which could be used to identify the
person, including unique biometric data, with the intent to represent that he or she is
the other person for the purpose of:
(a) Depriving the other person of property;
(b) Obtaining benefits or property to which he or she would otherwise not be
(c) Making financial or credit transactions using the other person's identity;
(d) Avoiding detection; or
(e) Commercial or political benefit.
(2) Theft of identity is a Class D felony. If the person violating this section is a business
that has violated this section on more than one (1) occasion, then that person also
violates the Consumer Protection Act, KRS 367.110 to 367.300.
(3) This section shall not apply when a person obtains the identity of another to
misrepresent his or her age for the purpose of obtaining alcoholic beverages,
tobacco, or another privilege denied to minors.
(4) This section does not apply to credit or debit card fraud under KRS 434.550 to
(5) Where the offense consists of theft by obtaining or trafficking in the personal
identity of another person, the venue of the prosecution may be in either the county
where the offense was committed or the county where the other person resides.
(6) A person found guilty of violating any provisions of this section shall forfeit any
lawful claim to the identifying information, property, or other realized benefit of the
other person as a result of such violation.
Effective: July 15, 2002
514.050 Theft of property lost, mislaid, or delivered by mistake.
(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 comes into control of the property of another that he 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
(b) With intent to deprive the owner thereof, he 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 A misdemeanor
unless the value of the property is three hundred dollars ($300) or more, in which
case it is a Class D felony.
Effective: July 14, 1992
514.040 Theft by deception.
(1) A person is guilty of theft by deception when the person obtains property or services
of another by deception with intent to deprive the person thereof. A person deceives
when the person intentionally:
(a) Creates or reinforces a false impression, including false impressions as to law,
value, intention, or other state of mind;
(b) Prevents another from acquiring information which would affect judgment of
(c) Fails to correct a false impression which the deceiver previously created or
reinforced or which the deceiver knows to be influencing another to whom the
person stands in a fiduciary or confidential relationship;
(d) Fails to disclose a known lien, adverse claim, or other legal impediment to the
enjoyment of property which the person transfers or encumbers in
consideration for the property obtained, whether the impediment is or is not
valid or is or is not a matter of official record; or
(e) Issues or passes a check or similar sight order for the payment of money,
knowing that it will not be honored by the drawee.
(2) The term "deceive" does not, however, include falsity as to matters having no
pecuniary significance or puffing by statements unlikely to deceive ordinary persons
in the group addressed.
(3) Deception as to a person's intention to perform a promise shall not be inferred from
the fact alone that he did not subsequently perform the promise.
(4) For purposes of subsection (1) of this section, a maker of a check or similar sight
order for the payment of money is presumed to know that the check or order, other
than a postdated check or order, would not be paid, if:
(a) The maker had no account with the drawee at the time the check or order was
(b) Payment was refused by the drawee for lack of funds, upon presentation
within thirty (30) days after issue, and the maker failed to make good within
ten (10) days after receiving notice of that refusal. Notice of the refusal may
include a citation to this section and a description of this section's criminal
penalties and shall be deemed properly addressed when mailed to the address
printed or written on the check or sight order or provided by the drawer or
maker upon issuance of the check or sight order. The notice, if mailed, shall
be deemed received by the addressee seven (7) days after it is placed in the
United States mail. The notice may be sent by first-class mail if supported by
an affidavit of service setting out the contents of the notice, the address to
which the notice was mailed, that correct postage was applied, and the date
the notice was placed in the United States mail. A maker makes good on a
check or similar sight order for the payment of money by paying to the holder
the face amount of the instrument, together with any merchant's posted
reasonable bad check handling fee not to exceed twenty-five dollars ($25) and
any fee imposed pursuant to subsection (5) of this section.
(5) If a county attorney issues notice to a maker that a drawee has refused to honor an
instrument due to a lack of funds as described in subsection (4)(b) of this section,
the county attorney may charge a fee to the maker of twenty-five dollars ($25), if
the instrument is paid. Money paid to the county attorney pursuant to this section
shall be used only for payment of county attorney office operating expenses. Excess
fees held by the county attorney on June 30 of each year shall be turned over to the
county treasurer before the end of the next fiscal year for use by the fiscal court of
(6) A person is guilty of theft by deception when the person issues a check or similar
sight order in payment of all or any part of any tax payable to the Commonwealth
knowing that it will not be honored by the drawee.
(7) A person is guilty of theft by deception when the person issues a check or similar
sight order in payment of all or any part of a child support obligation knowing that it
will not be honored by the drawee.
(8) Theft by deception is a Class A misdemeanor unless the value of the property,
service, or the amount of the check or sight order referred to in subsection (6) or (7)
of this section is three hundred dollars ($300) or more, in which case it is a Class D
Identity Theft State State Code Statute Title Statute, penalties and restitution
Theft of identity
Trafficking in stolen identities
Class D felony - A person found guilty of violating any provisions of this section shall forfeit any lawful claim to the identifying information, property, or other realized benefit of the other person as a result of such violation.
Class C felony
If a business commits either crime, the business also violates the Consumer Protection Act
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Please note, the theft law information on this page is provided as a courtesy to help explain theft, shoplifting and stealing laws. There is no guarantee or assurance of reliability or validity. Laws change over time and this page may or may not be current. The code that is provided on this site is an unofficial posting of the State Codes. The files making up this Internet version of the State Codes do not constitute the official text of the State Codes and are intended for informational purposes only. No representation is made as to the accuracy or completeness of these sections. While every effort was made to ensure the accuracy and completeness of the statutes available Offender SolutionsT shall not be liable or held responsible for any errors or omissions which may occur in these files, they are provided on an "As Is" basis. Use of the information and services are at the sole risk of the user. For official versions of any state's current laws, the user is directed to that states Revised Statutes, all amendments and cumulative supplements thereto published by that state. Please notify the Webmaster if you find any irregularities in the statutes on this web site. The Webmaster will relay the information to appropriate staff to investigate the irregularities. The printed version of the State Codes should be consulted for all matters requiring reliance on the statutory text. If you were involved in a theft or shoplifting incident you are encouraged to consider taking a theft cloass, theft course or shoplifting education class such as the one provided by offender solutions. Research shows theft school and/or theft education can be an effective theft prevention. Offender Solutions™ is an online theft education, shoplifting education class about stealing, it can be very effective if you want to stop stealing. Evan it was a small theft, a petty theft class or petty theft school could be right for you!
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Offender Solutions® is a professional online service for juvenile and adult offenders.
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