At JPS Law, we care about our clients and want to make the terms and processes of the law easier to understand—for example, KRS 514.030 Theft by unlawful taking or disposition. As part of our criminal defense practice, folks often ask what the statutes mean. So let’s break down the statute piece by piece and discuss Kentucky theft by unlawful taking statute.

KRS 514:030 states that a person can be found guilty of theft if they shoplift, illegally take, or otherwise have control someone else's physical property with the intention of keeping it, or if they obtain nonphysical property or any interest in it (like stocks or bonds, intellectual property, etc) with the intention of benefiting themselves or someone else who doesn't have a right to it.

Theft is generally considered a Class B misdemeanor, but there are various circumstances that can change the classification of the crime:

• If the stolen property is a firearm, it's automatically a Class D felony.
• If the stolen property consists of controlled substances worth less than $10,000, it's a Class D felony.
• If the stolen property is worth between $500 and $1,000, it's a Class A misdemeanor.
• If the stolen property is worth between $1,000 and $10,000, it's a Class D felony.
• If the person has three or more convictions for theft within the last five years, it's a Class D felony.
• If the stolen property is worth between $10,000 and $1,000,000, it's a Class C felony.
• If the stolen property is worth between $1,000,000 and $10,000,000, it's a Class B felony.
• If the stolen property is worth $10,000,000 or more, it's a Class B felony.
• If the theft occurs during a declared emergency, the charges increase by one level.
  

Anyone convicted of stealing property worth $10,000,000 or more must serve at least 50% of their sentence before being eligible for probation or parole. If a person commits two or more thefts within 90 days, the offenses can be combined and treated as one, and the value of the stolen property can be added together to determine the appropriate charge.