CRIMINAL: COMMONWEALTH V. PERRY (SC 4/19/2007)

COMMONWEALTH V. PERRY
CRIMINAL:  KRS 514.070 (
Theft by Failure to Make Required Disposition of Property)
2005-SC-000521-CL.pdf
NOT PUBLISHED: 460
DATE RENDERED: 4/19/2007

The sole issue in this certification of the law sought by the Commonwealth is whether the offense of Theft by Failure to Make Required Disposition of Property (KRS 514.070) covers a situation in which the victim gives money to the defendant with the agreement that the defendant will purchase merchandise from a third party source and give it to the victim, and then the defendant fails to purchase the item or return the money. SC held that it does.

SC found the fact pattern in the present case falls within the ambit of KRS 514.070. Perry took the $375 pursuant to an agreement to use the money specifically to buy an engine for Taylor from a junkyard, and then failed to buy the engine and kept the money. Finally, SC went on to state that its decision is not meant to be read so as to require the existence of a third party in all cases prosecuted under KRS 514.070.

Digested by Scott Byrd
http://www.OlginandByrd.com

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