KRS § 514.030 — KY Code / Title L / Chapter 514 / Section 514.030
514.030 Theft by unlawful taking or disposition -- Penalties
Status: in_force

514.030 Theft by unlawful taking or disposition -- Penalties.

(1) Except as otherwise provided in KRS 217.181, a person is guilty of theft by

unlawful taking or disposition when he or she unlawfully:

(a) Takes or exercises control over movable property of another with intent to

deprive him or her thereof; or

(b) Obtains immovable property of another or any interest therein with intent to

benefit himself or herself or another not entitled thereto.

(2) Theft by unlawful taking or disposition is a Class B 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

one thousand dollars ($1,000), in which case it is a Class A misdemeanor;

(e) 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;

(f) The person has three (3) or more convictions under paragraph (d) 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;

(g) 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;

(h) 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;

(i) The value of the property is ten million dollars ($10,000,000) or more, in

which case it is a Class B felony; or

(j) The offense occurs during a declared emergency as defined by KRS 39A.020

arising from a natural or man-made disaster, within the area covered by the

emergency declaration, and within the area impacted by the disaster, in which

case the person shall be charged one (1) level higher than the level otherwise

specified in this subsection.

(3) Any person convicted under subsection (2)(i) 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.

(4) If any person commits two (2) or more separate offenses of theft by unlawful taking

or disposition within one (1) year, 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. Offenses committed in different

jurisdictions within the Commonwealth may be combined pursuant to this

subsection and tried in any jurisdiction in which venue would be proper for at least

one (1) of the offenses. A defendant shall not be tried in more than one (1)

jurisdiction for the same offense or offenses.