Request By:
Mrs. Barbara M. Williams
State Librarian
Department of Library and Archives
P. O. Box 537
Frankfort, Kentucky 40602
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: James L. Dickinson, Assistant Attorney General
I am in receipt of your letter dated July 31, 1979, Log No. 1897, in which you inquire as to whether overdue library materials would be subject to present laws governing theft and court procedures. Your letter also inquired as to which laws would be relevant.
A borrower of library materials has a limited license and authorization to use materials borrowed from the library. If, after notice, the borrower fails to return the materials or to make recompense, a presumption can arise that the borrower intended to permanently deprive the library of the materials. As such, the borrower is subject to criminal prosecution under KRS 514.030(1)(a), which provides:
"(1) A person is guilty of theft by unlawful taking or disposition when he unlawfully:
"(a) Takes or exercises control over movable property of another with intent to deprive him thereof; . . ."
The term "deprive" is defined in KRS 514.010 as meaning:
"(a) To withhold property of another permanently or for so extended a period as to appropriate a major portion of its economic value or with intent to restore only upon payment of reward or other compensation; or
"(b) To dispose of the property so as to make it unlikely that the owner will recover it."
In the commentary accompanying these statutes, it is noted that this section was designed to cover the common law offense of larceny as well as embezzlement and conversion. In the case of a borrower refusing to return library materials after notice, the technical crime committed is one of conversion. In this regard this office is of the opinion that KRS 514.030 is applicable to the willful failure to return library materials after request.
If there are any questions as to the interpretation of this opinion, please feel free to contact me.