Kentucky Theft Crimes
Theft is one of most common criminal offenses committed in Kentucky. Of these crimes, the most commonly committed is Theft by Unlawful Taking. Theft by unlawful taking is often shortened to TBUT. Kentucky generally defines theft as intentionally taking control or possession of property with the intent to deprive the rightful owner possession or control of the property. However, property isn’t the only thing that can be stolen.
Imagine a scenario where a person hires a contractor to build a deck on their home. The contractor builds the deck, but the homeowner refuses to pay. This is a different type of theft and is also illegal. This is known as theft of services.
In Kentucky, theft is always illegal. There are many types of theft:
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Theft by Unlawful Taking (TBUT) is a Class A misdemeanor.
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Theft by unlawful taking of a firearm is a Class D felony.
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Theft by unlawful taking of anhydrous ammonia is a Class D felony.
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Theft by unlawful taking of a controlled substance worth less than $10,000.00 is a Class D felony.
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Theft by unlawful taking of property worth more than $500.00 but less than $10,000.00 is a Class D felony.
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Theft by unlawful taking of property worth more than $10,000.00 but less than $1,000,000.00 is a Class C felony.
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Theft by unlawful taking of property worth more than $1,000,000.00 is a Class B felony.
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Theft by Deception is a Class A misdemeanor.
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Theft by deception of a value more than $500.00 but less than $10,000.00 is a Class D felony.
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Theft by deception of a value more than $10,000.00 is a Class C felony.
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Theft of Services is a Class A misdemeanor.
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Theft of services worth more than $500.00 but less than $10,000.00 is a Class D felony.
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Theft of services worth more than $10,000.00 is a Class C felony.
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Our skilled theft criminal defense attorneys are always prepared to fight in your defense and to protect your rights and freedom. With three attorneys working on your case, we see to it that no stone is left unturned. Our criminal defense attorneys stay current on all of the latest court decisions that can help you have what it takes to beat your charges.
It is important that the prosecutors know that you have attorneys who won’t back down. Walk into the courtroom with attorneys with a proven track record of success, who will hold the government to its burden of proving each and every element of their case beyond a reasonable doubt.
Have you been charged with a theft crime?
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If you have been charged with a theft crime in Kentucky, you need a team of experienced criminal defense attorneys focused on achieving the absolute best outcome for your case. Call and speak with a Cooley Iuliano Robey, PLLC criminal defense attorney at 859-636-6803.
What are the penalties for Theft by Unlawful Taking (TBUT) in Kentucky?
Theft by Unlawful Taking (TBUT) is a Class A misdemeanor in Kentucky and carries a sentence of up to 12 months in jail. It can also carry a fine of up to $500.00.
If the property stolen is worth more than $500, Theft by Unlawful Taking (TBUT) will be a Class D felony or higher in Kentucky and carries a sentence of more than one year in prison. It can also carry a fine of up to $10,000.00.
What are the penalties for Theft of Services in Kentucky?
Theft of Services is a Class A misdemeanor in Kentucky and carries a sentence of up to 12 months in jail. It can also carry a fine of up to $500.00.
If the services stolen are worth more than $500, the Theft of Services will be a Class D or Class C felony in Kentucky and carries a sentence of 1 – 10 years in prison. It can also carry a fine of up to $10,000.00.
What are the penalties for Theft by Deception in Kentucky?
Theft by Deception is a Class A misdemeanor in Kentucky and carries a sentence of up to 12 months in jail. It can also carry a fine of up to $500.00.
If the value of the alleged theft is more than $500, Theft by Deception will be a Class D or Class C felony in Kentucky and carries a sentence of 1 – 10 years in prison. It can also carry a fine of up to $10,000.00.
You need a team of experienced lawyers on your side!
Our criminal defense attorneys at Cooley Iuliano Robey, PLLC are members of the National Association of Criminal Defense Lawyers, the National Trial Lawyers, America’s Top 100 Criminal Defense Attorneys and have experience practicing criminal defense cases just like yours throughout all of Kentucky.
Our team of lawyers will put their experience and reputation for success to work for you against your TBUT charges.
When it comes to theft crimes, you need attorneys who will fight for and assert your constitutional rights. Often times, theft charges stem from misunderstandings and can be defended. Our team of lawyers will dedicate the time necessary to meet with you and to go through every detail of your case, as we lay the building blocks to your best defense!
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CIR Legal’s theft crime defense attorney services include offering a free consultation and case review to all potential clients. Our defense attorneys have fought and will always strive to fight for the rights of every person in the Commonwealth of Kentucky, and we are ready to fight for you. Call our office at 859-636-6803 or fill out our form on this website to schedule your free consultation.
Want to know more? We have included Kentucky theft laws below!
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(1) Except as otherwise provided in KRS 217.181, a person is guilty of theft by unlawful taking or disposition when he unlawfully:
(a) Takes or exercises control over movable property of another with intent to deprive him thereof; or
(b) Obtains immovable property of another or any interest therein with intent to benefit himself or another not entitled thereto.
(2) Theft by unlawful taking or disposition is a Class A misdemeanor unless:
(a) The property is a firearm (regardless of the value of the firearm), in which case it is a Class D felony;
(b) The property is anhydrous ammonia (regardless of the value of the ammonia), in which case it is a Class D felony unless it is proven that the person violated this section with the intent to manufacture methamphetamine in violation of KRS 218A.1432, in which case it is a Class B felony for the first offense and a Class A felony for each subsequent offense;
(c) The property is one (1) or more controlled substances valued collectively at less than ten thousand dollars ($10,000), in which case it is a Class D felony;
(d) The value of the property is five hundred dollars ($500) or more but less than ten thousand dollars ($10,000), in which case it is a Class D felony;
(e) The value of the property is ten thousand dollars ($10,000) or more but less than one million dollars ($1,000,000), in which case it is a Class C felony;
(f) The value of the property is one million dollars ($1,000,000) or more but less than ten million dollars ($10,000,000), in which case it is a Class B felony; or
(g) The value of the property is ten million dollars ($10,000,000) or more, in which case it is a Class B felony.
(3) Any person convicted under subsection (2)(g) of this section shall not be released on probation or parole until he or she has served at least fifty percent (50%) of the sentence imposed, any statute to the contrary notwithstanding.
If you’ve been charged with TBUT in Kentucky, contact our reputable criminal defense lawyers as soon as possible by calling 859-636-6803.
(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 a transaction;
(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 issued; or
(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 bad check handling fee not to exceed fifty dollars ($50) 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 fifty dollars ($50), 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 the county.
(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:
(a) Five hundred dollars ($500) or more but less than ten thousand dollars ($10,000), in which case it is a Class D felony; or
(b) Ten thousand dollars ($10,000) or more, in which case it is a Class C felony.
If you’ve been charged with Theft by Deception, contact our reputable criminal defense lawyers as soon as possible by calling 859-636-6803.
(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:
(a) Five hundred dollars ($500) or more but less than ten thousand dollars ($10,000), in which case it is a Class D felony; or
(b) Ten thousand dollars ($10,000) or more, in which case it is a Class C felony.
If you’ve been charged with theft, contact our reputable criminal defense lawyers as soon as possible by calling 859-636-6803.
(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:
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- Unauthorized interception of any electronic serial number, mobile identification number, personal identification number, or like identifying number;
- 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;
- Unauthorized interception of any similar telephone service; or
- Use of deception, threat, or other means to avoid payment for the services which the person knows are available only for charge or compensation; or
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(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:
(a) Five hundred dollars ($500) or more but less than ten thousand dollars ($10,000), in which case it is a Class D felony; or
(b) Ten thousand dollars ($10,000) or more, in which case it is a Class C felony.
If you’ve been charged with Theft of Services, contact our reputable criminal defense lawyers as soon as possible by calling 859-636-6803.
(1) As used in this section, “”telecommunications service”” means any communication service ordinarily provided for a charge or compensation to facilitate the origination, transmission, emission, or reception of signs, signals, writings, images, sounds, or intelligence of any nature by telephone, including but not limited to cellular and personal communications service, as terms may be defined in 47 C.F.R. parts 22 and 24, respectively, telephones, wire, radio, electromagnetic, photoelectronic, or photooptical systems, but excluding cable television services, even if provided by a telephone utility.
(2) A person is guilty of possession, use, or transfer for use of a device for theft of telecommunications services when the person:
(a) Makes, assembles, or possesses any instrument, apparatus, equipment, or device designed, modified, altered, programmed, reprogrammed, or otherwise adapted for or used for commission of a theft of telecommunications services in violation of KRS 514.060; or
(b) Sells, gives, transports, or otherwise transfers to another, or offers or advertises to sell, give, or otherwise transfer any instrument, apparatus, equipment, or device described in paragraph (a) of this subsection, or plans or instructions for making or assembling the same under circumstances evincing an intent to use or employ the instrument, apparatus, equipment, or device, or to allow the same to be used or employed, for a purpose described in paragraph (a) of this subsection, or knowing or having reason to believe that the same is intended to be so used, or that the aforesaid plans or instructions are intended to be used for making or assembling the instrument, apparatus, equipment, or device.
(3) An instrument, apparatus, equipment or device described in paragraph (a) of subsection (2) of this section shall not include any instrument, apparatus, equipment, or device authorized or approved or otherwise permitted by an agency of the federal government or the Commonwealth of Kentucky.
(4) Possession, use, or transfer for use of a device for theft of telecommunications services is a Class A misdemeanor unless the defendant has previously been convicted of violating this section, in which case it is a Class D felony.
(5) Notwithstanding any other provision of this chapter, any instrument, apparatus, equipment, or device designed, modified, altered, programmed, reprogrammed, or otherwise adapted for or used for commission of a theft of telecommunications service in violation of KRS 514.060, may be seized under warrant or incident to a lawful arrest for the violation of KRS 514.060, and, upon the conviction of any person for a violation, the court shall order any instrument, apparatus, equipment, device, or plans or instructions for making or assembling them forfeited to the state or destroyed in accordance with KRS 500.090(1)(a), or if requested by the person providing the telecommunications service in the territory in which they were seized, turned over to the telecommunications service provider.
If you’ve been charged with theft, contact our reputable criminal defense lawyers as soon as possible by calling 859-636-6803.
(1) A person is guilty of theft by failure to make required disposition of property received when:
(a) He 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 own property to be reserved in equivalent amount; and
(b) He intentionally deals with the property as his 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 criminal liability under this section; and
(b) To have dealt with the property as his own when:
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- He fails to account or pay upon lawful demand; or
- An audit reveals a shortage or falsification of accounts.
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(4) Theft by failure to make required disposition of property received is a Class A misdemeanor unless the value of the property is:
(a) Five hundred dollars ($500) or more but less than ten thousand dollars ($10,000), in which case it is a Class D felony; or
(b) 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.
If you’ve been charged with theft by failure to make a required disposition, contact our reputable criminal defense lawyers as soon as possible by calling 859-636-6803.
(1) A person is guilty of theft by extortion when he intentionally obtains property of another by threatening to:
(a) Inflict bodily injury on anyone or commit any other criminal offense; or
(b) Accuse anyone of a criminal offense; or
(c) Expose any secret tending to subject any person to hatred, contempt, or ridicule, or to impair his credit or business repute; or
(d) Use wrongfully his position as a public officer or servant or employee by performing some act within or related to his official duties, either expressed or implied, or by refusing or omitting to perform an official duty, either expressed or implied, in a manner affecting some person adversely; or
(e) Bring about or continue a strike, boycott, or other collective unofficial action, if the property is not demanded or received for the benefit of the group in whose interest the actor purports to act; or
(f) Testify or provide information or withhold testimony or information with respect to another’s legal claim or defense.
(2) It is a defense to prosecution based on subsection (1)(b), (c), or (d) that the property obtained by threat of accusation, exposure, lawsuit, or other invocation of official action was claimed as restitution or indemnification for harm done in the circumstances to which accusation, exposure, lawsuit, or other official action relates, or as compensation for property or lawful services.
(3) Theft by extortion is a Class A misdemeanor unless the value of the property obtained is:
(a) Five hundred dollars ($500) or more but less than ten thousand dollars ($10,000), in which case it is a Class D felony; or
(b) Ten thousand dollars ($10,000) or more, in which case it is a Class C felony.
If you’ve been charged with theft by extortion, contact our reputable criminal defense lawyers as soon as possible by calling 859-636-6803.
(1) A person is guilty of theft of labor already rendered when, in payment of labor already rendered by another, he intentionally 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) For purposes of subsection (1) of this section, an issuer 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 issuer had no account with the drawee at the time the check or order was issued; or
(b) Payment was refused by the drawee for lack of funds, upon presentation within thirty days (30) after issue, and the issuer failed to make good within ten (10) days after receiving notice of that refusal.
(3) Theft of labor already rendered is a Class A misdemeanor unless the value of the labor rendered is:
(a) Five hundred dollars ($500) or more but less than ten thousand dollars ($10,000), in which case it is a Class D felony; or
(b) Ten thousand dollars ($10,000) or more, in which case it is a Class C felony.
If you’ve been charged with possession of cocaine, contact our reputable criminal defense lawyers as soon as possible by calling 859-636-6803.
(1) A person is guilty of obscuring the identity of a machine or other property when he or she:
(a) Removes, defaces, covers, alters, destroys, or otherwise obscures the manufacturer’s serial number or any other distinguishing identification number or mark, including property marked with a Social Security number or motor vehicle operator’s license number for identification purposes, upon any automobile or other propelled vehicle, machine, or electrical or mechanical device, or other property, including any part thereof, with intent to render it or other property unidentifiable; or
(b) Possesses any automobile or other propelled vehicle, machine, or electrical or mechanical device, or other property, including any part thereof, knowing that the serial number or other identification number or mark, including property marked with a Social Security number for identification purposes, has been removed, defaced, covered, altered, destroyed, or otherwise obscured.
(2) Possession of any automobile or other propelled vehicle, machine, or electrical or mechanical device, or other property, including any part thereof, on which the serial number or any other distinguishing identification number or mark, including property marked with a Social Security number or motor vehicle operator’s license number for identification purposes, has been removed, defaced, covered, altered, destroyed, or otherwise obscured is prima facie evidence of knowledge of that fact.
(3) A person in possession of any property which is otherwise in violation of this section may apply in writing to the Department of Kentucky State Police, through any law enforcement agency in the county of his or her residence, for assignment of a number for the property providing he or she can show that he or she is the lawful owner of the property pursuant to the provisions of this section and KRS 16.200 and 500.090. If a number is issued in conformity with the provisions of this section and KRS 16.200 and 500.090, then the person to whom it was issued and any person to whom the property is lawfully disposed of shall not be in violation of these sections. A person lawfully holding a certification issued pursuant to KRS 500.090 shall also be deemed in compliance with this section. This section shall apply only when the application has been filed by the defendant prior to arrest or authorization of a warrant of arrest for the defendant by a court.
(4) Obscuring the identity of a machine or other property is a Class A misdemeanor unless the value of the property is:
(a) Five hundred dollars ($500) or more but less than ten thousand dollars ($10,000), in which case it is a Class D felony; or
(b) Ten thousand dollars ($10,000) or more, in which case it is a Class C felony.
If you’ve been charged with obscuring identity of machine, contact our reputable criminal defense lawyers as soon as possible by calling 859-636-6803.