{"data":{"id":"us-ky/krs-411.095","jurisdiction":"us-ky","citation":"KRS 411.095","heading":"Liability for stealing or damaging goods of retailer or wholesaler.","body":"(1) An adult or emancipated minor who damages, destroys, or takes possession of any\ngoods, wares, or merchandise, stored, displayed, or offered for sale by any\nwholesale or retail store or other mercantile establishment, or who alters the price\nindicia of the merchandise, in violation of the provisions of KRS Chapters 512 and\n514, without having paid the purchase price thereof, shall be civilly liable to the\nowner for actual damages, if any, and for a penalty to the owner in the amount of\nthe retail value of th e merchandise not to exceed five hundred dollars ($500), plus\nan additional penalty to the owner of not less than one hundred dollars ($100) nor\nmore than two hundred fifty dollars ($250).\n(2) The custodial parents or legal guardian having custody of an un emancipated minor\nwho damages, destroys, or takes possession of any goods, wares, or merchandise,\nstored, displayed, or offered for sale by any wholesale or retail store or other\nmercantile establishment, or who alters the price indicia of the merchandise,  which\nwould be a public offense, without having paid the purchase price thereof, shall be\ncivilly liable to the owner for actual damages, if any, and for a penalty to the owner\nin the amount of the retail value of the merchandise not to exceed five hundre d\ndollars ($500), plus an additional penalty to the owner of not less than one hundred\ndollars ($100) nor more than two hundred fifty dollars ($250). For purposes of this\nsubsection, liability shall not be imposed upon any governmental entity, private\nagency, or foster parents assigned responsibility for the minor child pursuant to a\ncourt order or action of the Cabinet for Health and Family Services, or any agency\nthereunder.\n(3) For the purposes of this section, \"owner\" shall include any agent or employee  of the\nowner.\n(4) A conviction of an offense under KRS Chapters 512 or 514 is not a condition\nprecedent to the maintenance of a civil action under this section.\n(5) Civil liability under this section shall not be limited by any other law that limits\nliability of parents of minor children.\n(6) An action for recovery of damages, or penalty, or both, and costs under this section\nmay be brought in any court of competent jurisdiction, including the small claims\ndivision of District Court, if the total amount so ught does not exceed the\njurisdictional limit of the respective court.\n(7) The fact that an owner has a right to bring an action against any individual as\nprovided in this section shall not limit the right of the owner to demand, in writing,\nthat a person who is liable under this section remit the amount of the claim prior to\nthe commencement of any legal action.\n(8) Judgments, but not claims, arising under this section may be assigned.\n(9) In addition to any civil damages or penalties, or both, which may b e recovered\nunder this section, a judgment for recovery shall also include court costs.\n(10) Civil claims under this section shall apply to those claims which arise after July 13,\n1990.","path":["KRS Chapter 411"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=17764","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:34Z","sha256":"ae54f0036aa6d4dc8d85129ff5530da40b4fe0bd057780ed4cb20a0ab191775c","source_id":"us-ky","stale":false,"prev":"us-ky/krs-411.090","next":"us-ky/krs-411.100"},"notice":"GroundRules: Original legal text. Not legal advice."}