Any person convicted of a misdemeanor or felony for taking, injuring or destroying
property shall restore the property or make reparation in damages if not ordered as a
condition of probation. The court in which the conviction is had, if applied to by verified
petition made within ninety (90) days of the date the sentence was pronounced, may order
restitution or give judgment against the defendant for reparation in damages, and enforce
collection by execution or other process. In a petition for restitution or reparation, the
court shall cause the defendant, if in custody, to be brought into court, and demand of him
if he has any defense to make to the petition. If he consents to the restitution or to
reparation in damages in an agreed sum, the court shall give judgment accordingly.
Otherwise a jury shall be impaneled to try the facts and ascertain the amount and the
value of the property, or assess the damage, as the case may be. A failure to pursue this
remedy shall not deprive the person aggrieved of his civil action for the injury sustained.
Effective: July 15, 1980
History: Amended 1980 Ky. Acts ch. 162, sec. 1, effective July 15, 1980. -- Amended
1976 (1st Extra. Sess.) ch. 14, sec. 439, effective January 2, 1978. -- Recodified 1942
Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 1132, 1135.
Notes of Decisions
Cited in
12
cases (
3 in the last 5 years), 1986–2023 · leading case:
Commonwealth v. Steadman, 411 S.W.3d 717 (Ky. 2013).
Commonwealth v. Steadman, 411 S.W.3d 717 (Ky. 2013).
· cites it 4× “032 & KRS 431.200. If the Logan Circuit Court had subject-matter jurisdiction over the felony and restitution (which it did), then the “jurisdiction” at issue must be some other type.”
Rollins v. Commonwealth, 294 S.W.3d 463 (Ky. Ct. App. 2009).
· cites it 9× “Analysis Rollins argues on appeal that he was denied due process of law when the trial court entered an order setting restitution in violation of the procedures set forth in KRS 431.200. KRS 431.200 requires that a verified petition for restitution be made within ninety days of…”
Fields v. Commonwealth, 123 S.W.3d 914 (Ky. Ct. App. 2003).
· cites it 5× “The older of those statutes, KRS 431.200, provides for restitution in cases of “taking, injuring, or destroying property,” and states that if the person convicted of such a crime consents to the restitution or to reparation in damages in an agreed sum, the court shall give…”
Wiley v. Commonwealth, 348 S.W.3d 570 (Ky. 2010).
· cites it 2× “Additionally, the trial court cannot grant restitution under the post-judgment restitution provisions of KRS 431.200. Under KRS 431.200, a court may order restitution for property crimes if applied for by verified petition within ninety days of the pronouncement of the sentence.”
Commonwealth v. Adams, 566 S.W.3d 225 (Ky. Ct. App. 2018).
· cites it 5× “Three statutes are applicable to our inquiry as to whether Adams could properly be ordered to pay restitution in the 2010 and 2012 orders continuing him on probation, and whether they were sufficient to continue his probation beyond his original term of five years: KRS 431.200,…”
Commonwealth v. Bailey, 721 S.W.2d 706 (Ky. 1986).
· cites it 4× “Inasmuch as respondent was ineligible for probation, the Commonwealth sought to invoke the provisions of KRS 431.200, which reads as follows: 431.”
Bentley v. Commonwealth, 497 S.W.3d 253 (Ky. Ct. App. 2016).
· cites it 2× “KRS 431.200 or KRS 533.030 to provide any direct relief to insurers.”
Brown v. Commonwealth, 326 S.W.3d 469 (Ky. Ct. App. 2010).
“The only statute that extends that period is KRS 431.200, which requires the filing of a petition within 90 days.”
Commonwealth v. O'Bryan, 97 S.W.3d 454 (Ky. Ct. App. 2003).
“Bailey, 10 our Supreme Court held that under KRS 431.200 the trial court could order a defendant who was ineligible for probation to pay restitution to the victim since “[i]t would be an anomaly to permit restitution to a victim as a part of the probation process of a first…”
Courtney Lightner v. Commonwealth of Kentucky (Ky. Ct. App. 2021).
“KRS 431.200 (“Reparation for property stolen or damaged, from person convicted”) provides: Any person convicted of a misdemeanor or felony for taking, injuring or destroying property shall restore the property or make reparation in damages if not ordered as a condition of…”
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