KRS 514.070: Theft by Failure to Make Required Disposition

What Is KRS 514.070?

KRS 514.070 covers a specialized form of theft in Kentucky — failing to deliver property received under specific obligations. Common cases involve contractors who take payment but don’t perform the work, or trustees who misuse entrusted funds. People in Lexington and Louisville face these charges in business and trust-related disputes.

What the Statute Prohibits

A person commits theft by failure to make required disposition when they intentionally fail to make the required disposition of funds or property received in a fiduciary or trust capacity, knowing the disposition was due.

Common Scenarios

Contractors who take payment and don’t complete work
Trustees misusing trust funds
Real estate agents misusing escrow funds
Lawyers misappropriating client funds
Charity collectors keeping donations

Penalties Under KRS 514.070

Same value-based penalties as other theft:

Less than $500: Class A misdemeanor
$1,000+: Class D felony or higher based on value

The Civil vs. Criminal Question

Many of these cases blur the line between civil contract disputes and criminal theft. The key is intent and breach of fiduciary duty:

Civil: Failure to perform a contract
Criminal: Intentional misappropriation of funds

Defenses Available

No fiduciary obligation existed
Lack of intent to misappropriate
Funds were properly used for intended purpose
Civil dispute mischaracterized as criminal
Restitution and dismissal negotiations

Clark + Harris Defends Business Theft Cases

Call 859-474-0001 — 24/7.

Frequently Asked Questions

How soon should I contact Clark + Harris after being charged in Kentucky?

As soon as possible. Early representation protects your rights during questioning, preserves evidence, and often leads to better outcomes. Call 859-474-0001 — we respond promptly to new inquiries.

Does Clark + Harris represent clients throughout Kentucky?

Yes. We represent clients in all 120 Kentucky counties, both state District and Circuit courts, and federal courts in the Eastern and Western Districts of Kentucky.

What happens during a free consultation with Clark + Harris?

We review the specific charges and evidence, discuss available defenses, explain the likely process in the relevant court, and give you a clear roadmap of next steps — at no cost to you.

Related Resources

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