Kentucky Receiving Stolen Property Charges
You don’t have to steal something yourself to face Kentucky theft charges. Receiving, retaining, or disposing of stolen property is a separate criminal offense under KRS 514.110, and penalties mirror the theft statute. Whether your case is in Louisville, Lexington, or anywhere in the Commonwealth, Clark + Harris defends receiving stolen property charges across Kentucky.
KRS 514.110: The Receiving Statute
Kentucky’s receiving stolen property statute, KRS 514.110, prohibits receiving, retaining, or disposing of movable property of another knowing that it has been stolen, unless with intent to restore it to the owner. The value-based penalty structure is the same as theft by unlawful taking: less than $500 is a misdemeanor, $500-$1,000 is a Class A misdemeanor, $1,000-$10,000 is a Class D felony, and $10,000 or more is a Class C felony.
The Knowledge Element
The central element of receiving stolen property is knowledge — the defendant must have known the property was stolen. This knowledge requirement provides significant defense opportunities. Kentucky law permits an inference of knowledge from unexplained possession of recently stolen property, but this inference is rebuttable. Defense evidence showing a reasonable belief that the property was legitimately obtained can defeat the knowledge element.
Receiving vs. Theft
A person generally cannot be convicted of both theft and receiving stolen property for the same items. Kentucky prosecutors must choose which theory fits the evidence. When identification of the actual thief is uncertain, receiving charges are often used because they require proving knowledge rather than the act of taking.
Defense Strategies
Receiving stolen property defense strategies include challenging the knowledge element (reasonable belief the property was not stolen), challenging the value of the property to reduce penalty level, identification and possession challenges, constitutional challenges to the search that produced the property, and establishing intent to return the property to the rightful owner. Explanation of how the defendant came to have the property — purchase from what appeared to be a legitimate seller, gift, or other innocent source — is central to many successful defenses.
Contact Clark + Harris for Receiving Stolen Property Defense
Don’t accept a receiving stolen property charge without experienced defense. Clark + Harris represents clients throughout Lexington, Louisville, and across the Commonwealth.
Call 859-474-0001 today for a confidential consultation.
Related Resources
If this information applied to your situation, the following Clark + Harris guides may also be helpful: