What is Theft By Unlawful Taking?

In Kentucky there are various charges relating to Theft. Theft By Unlawful Taking, generally referred to as TBUT, is defined under KRS 514 et al as a Misdemeanor if the value of the theft is under $500. TBUT < $500 and commonly referred to as Theft Under. The charge is a more serious D Felony if the value is five hundred dollars ($500) or more but less than ten thousand dollars ($10,000); or a Class C felony if ten thousand dollars ($10,000) or more. Misdemeanors are generally punishable in Kentucky by up to 12 months in jail and/or $500 fine.

Involvement of an attorney as early as possible is a key to having the case resolved successfully and acceptable to the parties involved. TBUT is typically a bad check, but can also be deceiving an elderly person or other form of trickery. In the typical case of a bad check, often times a resolution can be reached early in the case if the Defendant has the ability to make the check good and pay for the value of the check.

Of course, the county will have a fee for this “service” and the Defendant will undoubtedly spend money on legal fees, court costs and county attorney fees. A simple bad check for $50 may end up being $300 in fees and court costs plus the cost of the legal fees incurred. If a check is returned for NSF, insufficient funds, it is presumed that the person writing the check knew or should have know that there were insufficient funds to pay the check. This is written so that the prosecutor does not have to prove state of mind of the Defendant.

The statue reads, in pertinent part under KRS 514.040(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.

If you have been charged with theft by unlawful taking or any other crime in Boone, Kenton or Campbell counties, contact Michael Bouldin for a consultation. Contact Mike by email at mwbouldin@fuse.net or call 859-581-6453. call 581-MIKE

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