UNOFFICIAL COPY 25 RS HB 201/GA
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AN ACT relating to theft by failure to make required disposition of property. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
ď˘Section 1. KRS 514.070 is amended to read as follows: 3
(1) A person is guilty of theft by failure to make required disposition of property 4
received when he or she: 5
(a) 1. [He or she ]Obtains property upon agreement or subject to a known 6
legal obligation to make specified payment, with no option to purchase, 7
or other disposition whether from such property or its proceeds or from 8
his or her own property to be reserved in equivalent amount; and 9
2.[(b)] [He or she ]Intentionally deals with the property as his or her own 10
and fails to make the required payment or disposition; or 11
(b) 1. Rents or leases personal property having a fair market value of one 12
hundred dollars ($100) or more under a written agreement with no 13
option to purchase; 14
2. Fails to return the personal property within five (5) days after 15
receiving notice sent by the merchant or lessor demanding return by 16
certified mail at the address on the written agreement; and 17
3. Intentionally possesses or conceals the personal property, or otherwise 18
withholds the location, if known, of the personal property. 19
(2) (a) It shall not be a defense to subsection (1)(b) of this section that the person 20
returned the personal property after the expiration of the time period 21
specified in subsection (1)(b)2. of this section. 22
(b) If the personal property is returned, any monetary loss resulting from the 23
deprivation of the right of the owner to use the personal property for future 24
rentals may only be pursued as a civil matter under the terms of the rental 25
agreement. 26
(c) This section shall not be construed to prevent a person from being 27 UNOFFICIAL COPY 25 RS HB 201/GA
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prosecuted under any other provision of the Kentucky Penal Code for the 1
failure to return the personal property as provided in subsection (1)(b) of 2
this section. 3
(3) The provisions of subsection (1) of this section apply notwithstanding that it may 4
be impossible to identify particular property as belonging to the victim at the time 5
of the actor's failure to make the required payment or disposition. 6
(4)[(3)] An officer or employee of the government or of a financial institution is 7
presumed: 8
(a) To know any legal obligation relevant to his or her criminal liability under 9
this section; and 10
(b) To have dealt with the property as his or her own when: 11
1. He or she fails to account or pay upon lawful demand; or 12
2. An audit reveals a shortage or falsification of accounts. 13
(5)[(4)] Theft by failure to make required disposition of property received is a Class B 14
misdemeanor unless, for a violation of subsection (1)(a) of this section: 15
(a) The value of the property is five hundred dollars ($500) or more but less than 16
one thousand dollars ($1,000), in which case it is a Class A misdemeanor; 17
(b) The value of the property is one thousand dollars ($1,000) or more but less 18
than ten thousand dollars ($10,000), in which case it is a Class D felony; 19
(c) A person has three (3) or more convictions under paragraph (a) of this 20
subsection within the last five (5) years, in which case it is a Class D felony. 21
The five (5) year period shall be measured from the dates on which the 22
offenses occurred for which the judgments of conviction were entered; or 23
(d) The value of the property is ten thousand dollars ($10,000) or more, in which 24
case it is a Class C felony. 25
(6)[(5)] A[No] person shall not be convicted of theft by failure to make required 26
disposition of property received when he or she has also been convicted of a 27 UNOFFICIAL COPY 25 RS HB 201/GA
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violation of KRS 522.050 arising out of the same incident. 1
(7)[(6)] If any person commits two (2) or more separate offenses of theft by failure to 2
make a required disposition of property received within ninety (90) days, the 3
offenses may be combined and treated as a single offense, and the value of the 4
property in each offense may be aggregated for the purpose of determining the 5
appropriate charge. 6