Ky. Rev. Stat. » Chapter 433
Kentucky Revised Statutes

Ky. Rev. Stat. § 433.240 (2026)

Repealed, effective January 1, 1975

✓ current as of May 2026
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Catchline at repeal: Taking or damaging property unlawfully but without felonious intent. History: Repealed 1974 Ky. Acts ch. 406, sec. 336, effective January 1, 1975. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1256.

Notes of Decisions
Cited in 6 cases, 1945–1971 · leading case: Dawes v. Commonwealth, 349 S.W.2d 191 (Ky. Ct. App. 1960).
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Dawes v. Commonwealth, 349 S.W.2d 191 (Ky. Ct. App. 1960). · cites it 2× “Appellant insists however that an instruction should have been given under KRS 433.240, which reads as follows: *194 “Any person who, unlawfully but without felonious intent, takes, carries away, defaces or damages any property or thing of value not his own shall be fined not…”
Roberts v. Commonwealth, 417 S.W.2d 234 (Ky. Ct. App. 1967). · cites it 2× “He also insists that he was entitled to an instruction upon the offense of taking property without felonious intent as denounced by KRS 433.240. It is our opinion that appellant is wrong on both counts.”
Evans v. Commonwealth, 474 S.W.2d 370 (Ky. Ct. App. 1971). · cites it 2× “” After instructing the jury as to the six counts charging violations of the felony statute just quoted, the court instructed under KRS 433.240, a misdemeanor statute which provides: “Any person who, unlawfully but without felonious intent, takes, carries away, defaces or…”
Seale v. Commonwealth, 188 S.W.2d 467 (Ky. Ct. App. 1945). · cites it 4× “The appellant, Walker Seale, was indicted, tried and convicted in the Owsley circuit court for the offense denounced in section 433.240 of KRS, which says: “Any person who, unlawfully but without felonious intent, takes, carries away, defaces or damages any property or thing of…”
Bybee v. Singer, 404 S.W.2d 14 (Ky. Ct. App. 1966). · cites it 3× “The trial court held, after hearing appellant’s evidence before a jury, that the appellant was guilty of violation of KRS 433.240 upon the facts submitted, and sustained appellee’s motion for a directed verdict.”
Adams v. Commonwealth, 233 S.W.2d 285 (Ky. Ct. App. 1950). “The Grand Jury indicted Malcolm, charging him with the offense of damaging and destroying property as provided in KRS 433.240. Upon trial the jury found him guilty and fixed his fine at the sum of $50.”
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