§ 137.41 GENERAL PROVISIONS.
   (A)   It is a defense to prosecution for theft that the actor:
      (1)   Was aware that the property or service was that of another;
      (2)   Acted under a claim of right to the property or service involved or a claim that he had a right to acquire or dispose of it as he or she did; or
      (3)   Took property exposed for sale, intending to purchase and pay for it promptly, or reasonably believing that the owner, if present, would have consented.
   (B)   It is no defense that theft was from the actors spouse, except that misappropriation of household and personal effects or other property normally accessible to both spouses is theft only if it occurs after the parties have ceased living together.
   (C)   It shall be prima facie evidence of intent to commit theft by fraud when one who has leased or rented the personal property of another fails to return the personal property to its owner within ten days after the lease or rental agreement has expired. It shall also be prima facie evidence of intent to commit theft by fraud when one presents to the owner identification which is false, fictitious or not current as to name, address, place of employment or other items of identification for the purpose of obtaining the lease or rental agreement. Nothing herein contained shall relieve the owner from making demand for return of property so leased or rented. Notice addressed and mailed to the lessee or renter at the address given at the time of the making of the lease or rental agreement shall constitute proper demand.
(KRS 514.020) (1980 Code, § 1020.5-2)