UNOFFICIAL COPY 24 RS BR 895
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AN ACT relating to motor vehicle theft. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 514 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) A person is guilty of theft of a motor vehicle when he or she unlawfully takes or 5
exercises control over a motor vehicle of another with intent to deprive him or her 6
thereof. 7
(2) Theft of a motor vehicle is a Class D felony for the first offense, and a Class C 8
felony for the second or subsequent offense. If serious physical injury results, the 9
penalty for the offense shall be one (1) level higher than the level otherwise 10
specified in this subsection. 11
Section 2. KRS 514.100 is amended to read as follows: 12
(1) A person is guilty of the unauthorized use of an automobile or other propelled 13
vehicle when he or she knowingly operates, exercises control over, or otherwise 14
uses such vehicle without consent of the owner or person having legal possession 15
thereof. 16
(2) Unauthorized use of an automobile or other propelled vehicle is a Class A 17
misdemeanor unless the defendant has previously been convicted of this offense, or 18
of a violation of KRS 514.030 or Section 1 of this Act for having stolen an 19
automobile or other propelled vehicle, in which case it shall be a Class D felony. 20
Section 3. KRS 514.110 is amended to read as follows: 21
(1) A person is guilty of receiving stolen property when he or she receives, retains, or 22
disposes of movable property of another knowing that it has been stolen, or having 23
reason to believe that it has been stolen, unless the property is received, retained, or 24
disposed of with intent to restore it to the owner. 25
(2) The possession by any person of any recently stolen movable property shall be 26
prima facie evidence that such person knew such property was stolen. 27 UNOFFICIAL COPY 24 RS BR 895
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(3) Receiving stolen property is a Class B misdemeanor unless: 1
(a) The value of the property is five hundred dollars ($500) or more but less than 2
one thousand dollars ($1,000), in which case it is a Class A misdemeanor; 3
(b) The value of the property is one thousand dollars ($1,000) or more but less 4
than ten thousand dollars ($10,000), in which case it is a Class D felony; 5
(c) A person has three (3) or more convictions under paragraph (a) of this 6
subsection within the last five (5) years, in which case it is a Class D felony. 7
The five (5) year period shall be measured from the dates on which the 8
offenses occurred for which the judgments of conviction were entered; 9
(d) The value of the property is ten thousand dollars ($10,000) or more, in which 10
case it is a Class C felony; 11
(e) The property is a firearm, regardless of the value of the firearm, in which case 12
it is a Class D felony; 13
(f) The property is anhydrous ammonia, regardless of the value of the ammonia, 14
in which case it is a Class D felony unless it is proven that the person violated 15
this section with the intent to manufacture methamphetamine in violation of 16
KRS 218A.1432, in which case it is a Class B felony for the first offense and 17
a Class A felony for each subsequent offense;[ or] 18
(g) The property is a motor vehicle, regardless of the value of the vehicle, in 19
which case it is a Class D felony; or 20
(h) The offense occurs during a declared emergency as defined by KRS 39A.020 21
arising from a natural or man-made disaster, within the area covered by the 22
emergency declaration, and within the area impacted by the disaster, in which 23
case the person shall be charged one (1) level higher than the level otherwise 24
specified in this subsection. 25
(4) If any person commits two (2) or more separate offenses of receiving stolen 26
property within ninety (90) days, the offenses may be combined and treated as a 27 UNOFFICIAL COPY 24 RS BR 895
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single offense, and the value of the property in each offense may be aggregated for 1
the purpose of determining the appropriate charge. 2
Section 4. KRS 515.020 is amended to read as follows: 3
(1) A person is guilty of robbery in the first degree when, in the course of committing 4
theft, he or she uses or threatens the immediate use of physical force upon another 5
person with intent to accomplish the theft and when he or she: 6
(a) Causes physical injury to any person who is not a participant in the crime; or 7
(b) Is armed with a deadly weapon; or 8
(c) Uses or threatens the immediate use of a dangerous instrument upon any 9
person who is not a participant in the crime. 10
(2) Robbery in the first degree is a Class B felony, unless the offense: 11
(a) Involves the theft of a motor vehicle and results in serious physical injury; 12
or 13
(b) Occurs during a declared emergency as defined by KRS 39A.020 arising from 14
a natural or man-made disaster, within the area covered by the emergency 15
declaration, and within the area impacted by the disaster, 16
in which case it is a Class A felony. 17
Section 5. KRS 514.030 is amended to read as follows: 18
(1) Except as otherwise provided in KRS 217.181 or Section 1 of this Act, a person is 19
guilty of theft by unlawful taking or disposition when he or she unlawfully: 20
(a) Takes or exercises control over movable property of another with intent to 21
deprive him or her thereof; or 22
(b) Obtains immovable property of another or any interest therein with intent to 23
benefit himself or herself or another not entitled thereto. 24
(2) Theft by unlawful taking or disposition is a Class B misdemeanor unless: 25
(a) The property is a firearm (regardless of the value of the firearm), in which 26
case it is a Class D felony; 27 UNOFFICIAL COPY 24 RS BR 895
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(b) The property is anhydrous ammonia (regardless of the value of the ammonia), 1
in which case it is a Class D felony unless it is proven that the person violated 2
this section with the intent to manufacture methamphetamine in violation of 3
KRS 218A.1432, in which case it is a Class B felony for the first offense and 4
a Class A felony for each subsequent offense; 5
(c) The property is one (1) or more controlled substances valued collectively at 6
less than ten thousand dollars ($10,000), in which case it is a Class D felony; 7
(d) The value of the property is five hundred dollars ($500) or more but less than 8
one thousand dollars ($1,000), in which case it is a Class A misdemeanor; 9
(e) The value of the property is one thousand dollars ($1,000) or more but less 10
than ten thousand dollars ($10,000), in which case it is a Class D felony; 11
(f) The person has three (3) or more convictions under paragraph (d) of this 12
subsection within the last five (5) years, in which case it is a Class D felony. 13
The five (5) year period shall be measured from the dates on which the 14
offenses occurred for which the judgments of conviction were entered; 15
(g) The value of the property is ten thousand dollars ($10,000) or more but less 16
than one million dollars ($1,000,000), in which case it is a Class C felony; 17
(h) The value of the property is one million dollars ($1,000,000) or more but less 18
than ten million dollars ($10,000,000), in which case it is a Class B felony; 19
(i) The value of the property is ten million dollars ($10,000,000) or more, in 20
which case it is a Class B felony; or 21
(j) The offense occurs during a declared emergency as defined by KRS 39A.020 22
arising from a natural or man-made disaster, within the area covered by the 23
emergency declaration, and within the area impacted by the disaster, in which 24
case the person shall be charged one (1) level higher than the level otherwise 25
specified in this subsection. 26
(3) Any person convicted under subsection (2)(i) of this section shall not be released on 27 UNOFFICIAL COPY 24 RS BR 895
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probation or parole until he or she has served at least fifty percent (50%) of the 1
sentence imposed, any statute to the contrary notwithstanding. 2
(4) If any person commits two (2) or more separate offenses of theft by unlawful taking 3
or disposition within ninety (90) days, the offenses may be combined and treated as 4
a single offense, and the value of the property in each offense may be aggregated 5
for the purpose of determining the appropriate charge. 6