{"data":{"id":"us-ky/krs-422.350","jurisdiction":"us-ky","citation":"KRS 422.350","heading":"Admissibility of photographic evidence in prosecution of offense defined in","body":"KRS Chapter 514 or 515 -- Return of photographed property to owner by law\nenforcement agency -- Exception.\n(1) In a prosecution for any offense defined in KRS Chapter 514 or 5 15 the court shall\nreceive, as competent evidence, a photograph of property over which the accused is\nalleged to have exerted unauthorized control or to have otherwise obtained\nunlawfully, if the photograph:\n(a) Will serve the purpose of demonstrating the  nature and identity of the\nproperty; and\n(b) Is otherwise admissible into evidence under all other rules of law governing\nthe admissibility of photographs into evidence.\nThe fact that it is impractical to introduce into evidence the actual property for  any\nreason including its size, weight, or unavailability, need not be established for the\ncourt to find a photograph of that property to be competent evidence.  If a\nphotograph is found to be competent evidence under this section, it is admissible\ninto evidence in place of the property and to the same extent as the property itself.\n(2) A law enforcement agency that is holding as evidence property over which a person\nis alleged to have exerted unauthorized control or to have otherwise obtained\nunlawfully shall return that property to its owner if:\n(a) The property has been photographed in a manner that will serve the purpose of\ndemonstrating the nature and identity of the property, and if these photographs\nare filed with or retained by the law enforcement agency in place of the\nproperty;\n(b) Receipt for the property is obtained from the owner upon delivery by the law\nenforcement agency;\n(c) The prosecuting attorney who is prosecuting a case that involves the property\nhas not requested the law enforcement agency to decline requests for return of\nthe property to its owner; and\n(d) The property may be lawfully possessed by the owner.\n(3) Notwithstanding the provisions of subsection (2) of this section, a court may, if a\nmotion so requesting is filed by a de fendant within twenty (20) days of arrest, order\nthe law enforcement agency to hold such property as evidence pending completion\nof the trial.  However, the court may, for good cause, extend the time allowed for\nthe defendant to file a motion to have the property held.","path":["KRS Chapter 422"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=18149","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:39Z","sha256":"4dd5a9eb45846c19d21de9e0a54943ef518b70661a33464e315a4826373878f0","source_id":"us-ky","stale":false,"prev":"us-ky/krs-422.330","next":"us-ky/krs-422.355"},"notice":"GroundRules: Original legal text. Not legal advice."}