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Form a Business

OFFENSES AGAINST PROPERTY BY FRAUD

KRS tit. XL, ch. 434
in effect

KRS 434.010 Repealed, effective January 1, 1975

434.010. Repealed, effective January 1, 1975 Catchline at repeal: Embezzlement by officer, agent or employe of corporation. History: Repealed 1974 Ky.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. 1202.

KRS 434.020 Repealed, effective January 1, 1975

434.020. Repealed, effective January 1, 1975 Catchline at repeal: Misapplication of money, bonds, notes and other property of state or political subdivision by custodian. History: Repealed 1974 Ky.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. secs. 359a-6, 1205, 1206, 2747.

KRS 434.030 Repealed, effective January 1, 1975

434.030. Repealed, effective January 1, 1975 Catchline at repeal: Embezzlement of property entrusted to person for delivery. History: Repealed 1974 Ky.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. 1203.

KRS 434.040 Repealed, effective January 1, 1975

434.040. Repealed, effective January 1, 1975 Catchline at repeal: Conversion of motor vehicle. History: Repealed 1974 Ky.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. 1376r-7.

KRS 434.050 Repealed, effective January 1, 1975

434.050. Repealed, effective January 1, 1975 Catchline at repeal: Obtaining money, property or signature by false pretenses. History: Repealed 1974 Ky.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. 1208.

KRS 434.060 Repealed, effective January 1, 1975

434.060. Repealed, effective January 1, 1975 Catchline at repeal: Obtaining money by false personation -- Personating another in legal acts -- Fraudulently displaying badge of organization. History: Repealed 1974 Ky. Acts ch. 406, sec. 336, effective January 1, 1975. -- Amended 1954 Ky. Acts ch. 108, sec. 1, effective June 17, 1954. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 1209, 1211, 1376a.

KRS 434.070 Repealed, effective January 1, 1975

434.070. Repealed, effective January 1, 1975 Catchline at repeal: Making or delivering check, draft or order not backed by sufficient funds -- Presumption of fraud. 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. 1213a.

KRS 434.080 Repealed, effective January 1, 1975

434.080. Repealed, effective January 1, 1975 Catchline at repeal: Obtaining money by pretending to be an officer. 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. 1212.

KRS 434.090 Repealed, effective January 1, 1975

434.090. Repealed, effective January 1, 1975 Catchline at repeal: Misrepresentations as to financial condition. 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. 1213b-1.

KRS 434.095 Obtaining real estate loan by substituting or making false instrument -- Subsequent offenses

434.095. Obtaining real estate loan by substituting or making false instrument -- Subsequent offenses Any person who, with intent to defraud, either substitutes one (1) instrument in writing for another and by this means causes the making of a loan or the extension of credit, or induces by any fraudulent instrument in writing the making of a loan or the extension of credit as a part of a transaction by which either the title to real property is transferred or valuable improvements are placed on real property in this state, whether for the benefit of himself or another, is guilty of a Class D felony. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 463, sec. 47, effective July 14, 1992 .-- Created 1966 Ky. Acts ch. 74, sec. 1.

KRS 434.100 Repealed, effective January 1, 1975

434.100. Repealed, effective January 1, 1975 Catchline at repeal: Passing or possessing notes of nonexistent or broken bank. 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. 1191.

KRS 434.110 Repealed, effective January 1, 1975

434.110. Repealed, effective January 1, 1975 Catchline at repeal: Alteration or destruction of writings of company by officer employe. 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. 1186.

KRS 434.120 Repealed, effective January 1, 1975

434.120. Repealed, effective January 1, 1975 Catchline at repeal: Giving false pedigree of stock to purchaser. 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. 1325.

KRS 434.130 Repealed, effective January 1, 1975

434.130. Repealed, effective January 1, 1975 Catchline at repeal: Forgery or counterfeiting of writings. 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. secs. 1185, 1188, 1189.

KRS 434.140 Repealed, effective January 1, 1975

434.140. Repealed, effective January 1, 1975 Catchline at repeal: Forging or counterfeiting warrants or receipts of officials or state bonds. 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. 1182.

KRS 434.150 Effect of conviction for forgery on forged instrument

434.150. Effect of conviction for forgery on forged instrument Judgment of conviction for forgery shall not destroy the legal validity of the writing charged to have been forged, nor shall the conviction be used as evidence in any civil controversy relative to the writing. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1131.

KRS 434.155 Filing illegal lien

434.155. Filing illegal lien (1) A person is guilty of filing an illegal lien when he files a document or lien that he knows or should have known was forged, groundless, contained a material misstatement, or was a false claim. It shall be an affirmative defense that any material misstatement was not intentional. (2) Filing an illegal lien is a Class D felony for the first offense, a Class C felony for any second offense, and a Class B felony for any subsequent offense. Effective: July 15, 1998 History: Created 1998 Ky. Acts ch. 606, sec. 54, effective July 15, 1998.

KRS 434.160 Repealed, effective January 1, 1975

434.160. Repealed, effective January 1, 1975 Catchline at repeal: Counterfeiting seal of corporation. 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. 1187.

KRS 434.170 Repealed, effective January 1, 1975

434.170. Repealed, effective January 1, 1975 Catchline at repeal: Counterfeiting coin and passing and possessing it. 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. secs. 1181, 1190.

KRS 434.180 Repealed, effective January 1, 1975

434.180. Repealed, effective January 1, 1975 Catchline at repeal: Counterfeiting currency and passing and possessing it. 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. secs. 1190, 1193.

KRS 434.190 Repealed, effective January 1, 1975

434.190. Repealed, effective January 1, 1975 Catchline at repeal: Making or possessing devices used for counterfeiting. 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. 1192.

KRS 434.200 Repealed, effective January 1, 1975

434.200. Repealed, effective January 1, 1975 Catchline at repeal: Fraudulent severance of timber, buildings, minerals and fixtures from land under mortgage or vendor's lien. 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. secs. 1358-1, 1358-2, 1358-3.

KRS 434.210 Repealed, effective January 1, 1975

434.210. Repealed, effective January 1, 1975 Catchline at repeal: Fraudulent concealment or removal of mortgaged personal property. History: Repealed 1974 Ky. Acts ch. 406, sec. 336, effective January 1, 1975. -- Amended 1942 Ky. Acts ch. 192, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1358.

KRS 434.220 Repealed, effective January 1, 1975

434.220. Repealed, effective January 1, 1975 Catchline at repeal: Disposal or conversion of property without consent of owner. 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. secs. 1358a, 1358b.

KRS 434.225 Removal, transfer, or abandonment of rented or leased personal property - - Attempt to defraud lessor

434.225. Removal, transfer, or abandonment of rented or leased personal property - - Attempt to defraud lessor (1) As used in this section the following words shall have the following meanings: (a) "Person" means an individual, partnership, association or corporation; (b) "Address" means the place at which the rented or leased personal property is located; (c) "Personal property" means household furnishings and appliances. (2) A person who rents or leases personal property under an agreement to relinquish possession of such property to the lessor at the expiration of the lease or rental period, shall not, prior to the expiration of such period, remove the personal property to any other address and relinquish custody of such property without first giving the lessor at least ten (10) days' written notice, delivered in person or by certified mail with a return receipt requested. (3) Removing the personal property, or any part thereof, to a new or different location and relinquishing custody of such property, or permitting another person, not a party to the lease agreement, to take possession of the personal property, or any part thereof, or moving from the address and abandoning the personal property shall constitute prima facie evidence of the lessee's intention to defraud the lessor. (4) Any lease under subsection (2) of this section shall recite verbatim subsections (1), (2), (3), and (4) of this section. (5) Failure of lessor to comply with subsection (4) of this section shall void lessor's relief herein. (6) Any person described in subsection (2) of this section who attempts to defraud a lessor of leased personal property shall be fined not less than fifty dollars ($50) nor more than two hundred dollars ($200), or imprisoned for thirty (30) days, or both. History: Created 1974 Ky. Acts ch. 160, sec. 1.

KRS 434.230 Repealed, effective January 1, 1975

434.230. Repealed, effective January 1, 1975 Catchline at repeal: Presentation of fraudulent claims against state to court. 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. 1225.

KRS 434.240 Repealed, effective January 1, 1975

434.240. Repealed, effective January 1, 1975 Catchline at repeal: Falsification of claim against state or political subdivision. 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. 1207.

KRS 434.250 Repealed, effective January 1, 1975

434.250. Repealed, effective January 1, 1975 Catchline at repeal: Payment of salary for services not rendered. 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. secs. 359a-7, 359a-8.

KRS 434.260 Repealed, effective January 1, 1975

434.260. Repealed, effective January 1, 1975 Catchline at repeal: False entries to defraud by officers, deputies and assistants of first- class city. 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. secs. 2747.

KRS 434.270 Repealed, effective January 1, 1975

434.270. Repealed, effective January 1, 1975 Catchline at repeal: False and deceptive advertising. 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. secs. 1376g-1, 1376g-2.

KRS 434.275 Repealed, 1980

434.275. Repealed, 1980 Catchline at repeal: False representation of kosher meats and kosher meat preparations -- Advertising -- Sale of. History: Repealed 1980 Ky. Acts ch. 49, sec. 22, effective July 15, 1980. -- Created 1956 Ky. Acts ch. 130, secs. 1, 2, and 3, effective May 18, 1956.

KRS 434.280 Repealed, effective January 1, 1975

434.280. Repealed, effective January 1, 1975 Catchline at repeal: Destruction or concealment of will. 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. 1226.

KRS 434.290 Repealed, effective January 1, 1975

434.290. Repealed, effective January 1, 1975 Catchline at repeal: Defrauding hotel keeper. 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. secs. 2179a-6, 2179a-7, 2179a-8.

KRS 434.300 Repealed, effective January 1, 1975

434.300. Repealed, effective January 1, 1975 Catchline at repeal: Obtaining insurance or insurance benefit by fraud. 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. secs. 673, 681c-31.

KRS 434.310 Spreading false rumors regarding solvency of financial institutions

434.310. Spreading false rumors regarding solvency of financial institutions Any person who willfully and maliciously makes, circulates or transmits to others any false statement, rumor or suggestion, written, printed or by word of mouth, which is directly or by inference derogatory to the financial condition or affects the solvency of any bank or trust company doing business in the state, any foreign or domestic insurance company or any savings and loan association doing business in this state, or who counsels, aids, procures, or induces another to start, transmit or circulate any such statement or rumor shall be fined not less than two hundred dollars ($200) nor more than one thousand dollars ($1,000), or imprisoned for not less than twenty (20) nor more than one hundred (100) days, or both. History: Amended 1968 Ky. Acts ch. 152, sec. 164. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 598a, 869b.

KRS 434.320 Insolvent broker to accept no money or securities for margin from customer ignorant of broker's insolvency

434.320. Insolvent broker to accept no money or securities for margin from customer ignorant of broker's insolvency (1) Any broker who, knowing that he is insolvent, accepts or receives or consents to receiving from a customer ignorant of the broker's insolvency, deposits of money, stocks, bonds, securities, or other things of value belonging to the customer, to be used as margin for the purchase of stocks, bonds, grain, produce or cotton, otherwise than in payment of or security for an existing indebtedness, and who thereby causes the customer to lose, in whole or in part, such money, stocks, bonds, securities, or other things of value, shall be guilty of a Class D felony. (2) "Broker," as used in KRS 434.320, 434.330, and 434.340, means any person engaged in the business of buying or selling stocks, bonds, grain, produce, or cotton, as agent or representative of other persons upon margins, and who charges commissions for his services. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 463, sec. 48, effective July 14, 1992. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 1376kk-1, 1376kk-3.

KRS 434.330 Broker not to pledge or dispose of customer's securities without customer's consent

434.330. Broker not to pledge or dispose of customer's securities without customer's consent Any broker who has in his possession any money, stocks, bonds, securities, or other things of value belonging to a customer, without having any lien on them or any special property in them, and pledges them or disposes of them without the customer's consent, shall be guilty of a Class D felony. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 463, sec. 49, effective July 14, 1992 -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1376kk-2.

KRS 434.340 Liability of officer, manager, agent, or employee of broker

434.340. Liability of officer, manager, agent, or employee of broker Every member of a firm of brokers and every officer, manager, agent, or employee of a broker, who knowingly does consent to the doing of any act prohibited by KRS 434.320 or 434.330 shall be guilty of a Class D felony. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 463, sec. 50, effective July 14, 1992. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1376kk-4.

KRS 434.350 Repealed, effective January 1, 1975

434.350. Repealed, effective January 1, 1975 Catchline at repeal: Depriving owner or possessor of motor vehicle through fraud. 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. 1376r-4.

KRS 434.360 Repealed, effective January 1, 1975

434.360. Repealed, effective January 1, 1975 Catchline at repeal: Hiring motor vehicle with intent to defraud. 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. 1376r-5.

KRS 434.370 Repealed, 1980

434.370. Repealed, 1980 Catchline at repeal: Abandonment or failure to return rented motor vehicle. History: Repealed 1980 Ky. Acts ch. 49, sec. 22, effective July 15, 1980. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1376r-6.

KRS 434.380 Repealed, effective January 1, 1975

434.380. Repealed, effective January 1, 1975 Catchline at repeal: Person hiring motor vehicle permitting another to drive in violation of rental agreement. 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. 1376r-8.

KRS 434.390 Repealed, effective January 1, 1975

434.390. Repealed, effective January 1, 1975 Catchline at repeal: Fraudulent renting of motor vehicle with deceptive hubdometer or charging hirer on basis of deceptive hubdometer readings. 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. 1376r-1.

KRS 434.400 Repealed, effective January 1, 1975

434.400. Repealed, effective January 1, 1975 Catchline at repeal: Fraudulent tampering with hubdometer by hirer of motor vehicle. 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. 1376r-3.

KRS 434.410 Repealed, 1980

434.410. Repealed, 1980 Catchline at repeal: Fraudulent changing of speedometer to effect sale of motor vehicle. History: Repealed 1980 Ky. Acts ch. 49, sec. 22, effective July 15, 1980. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1376r- 9a.

KRS 434.415 Counterfeit, nonfunctional, and noncompliant airbags and restraint systems -- Penalties

434.415. Counterfeit, nonfunctional, and noncompliant airbags and restraint systems -- Penalties (1) As used in this section: (a) "Airbag" means a motor vehicle inflatable occupant restraint system device that is part of a supplemental restraint system; (b) "Counterfeit supplemental restraint system component" means a replacement supplemental restraint system component, including but not limited to an airbag, that displays a mark identical to, or substantially similar to, the genuine mark of a motor vehicle manufacturer or a supplier of parts to the manufacturer of a motor vehicle without authorization from that manufacturer or supplier, respectively; (c) "Nonfunctional airbag" means a replacement airbag that meets any of the following criteria: 1. The airbag was previously deployed or damaged; 2. The airbag has an electric fault that is detected by the vehicle's airbag diagnostic system when the installation procedure is completed and the vehicle is returned to the customer who requested the work to be performed or when ownership is intended to be transferred; 3. The airbag includes a part or object, including a supplemental restraint system component, that is installed in a motor vehicle to mislead the owner or operator of the motor vehicle into believing that a functional airbag has been installed; or 4. The airbag is subject to the provisions of 49 U.S.C. sec. 30120(j); and (d) "Supplemental restraint system" means a passive inflatable motor vehicle occupant crash protection system designed for use in conjunction with a seat belt assembly as defined in 49 C.F.R. sec. 571.209. A supplemental restraint system includes one (1) or more airbags and all components required to ensure that an airbag works as designed by the vehicle manufacturer, including both of the following: 1. The airbag operates as designed in the event of a crash; and 2. The airbag is designed to meet federal motor vehicle safety standards for the specific make, model, and year of the vehicle in which it is or will be installed. (2) Notwithstanding KRS Chapter 534, a person who does any of the following shall be fined not more than five thousand dollars ($5,000), or be confined in the county jail for not more than twelve (12) months, or both: (a) Knowingly imports, manufactures, sells, offers for sale, installs, or reinstalls in a motor vehicle, a counterfeit supplemental restraint system component, a nonfunctional airbag, or an object that does not comply with Federal Motor Vehicle Safety Standard No. 208 provided in 49 C.F.R. sec. 571.208 for the make, model, and year of the motor vehicle; (b) Knowingly sells, offers for sale, installs, or reinstalls in any motor vehicle a device that causes a motor vehicle's diagnostic system to inaccurately indicate that the motor vehicle is equipped with a properly functioning airbag; or (c) Knowingly sells, leases, trades, or transfers a motor vehicle if the person knows that a counterfeit supplemental restraint system component, a nonfunctional airbag, or an object that does not comply with Federal Motor Vehicle Safety Standard No. 208 provided in 49 C.F.R. sec. 571.208 for the make, model, and year of the motor vehicle has been installed as part of the motor vehicle's inflatable restraint system. (3) This section shall not apply to an owner or employee of a motor vehicle dealership or the owner of a vehicle, who, before the sale of the vehicle, does not have knowledge that the vehicle's airbag, or another component of the vehicle's supplemental restraint system, is counterfeit or nonfunctioning. Effective: July 14, 2022 History: Amended 2022 Ky. Acts ch. 237, sec. 1, effective July 14, 2022. -- Created 2003 Ky. Acts ch. 189, sec. 4, effective June 24, 2003.

KRS 434.420 Repealed, effective January 1, 1975

434.420. Repealed, effective January 1, 1975 Catchline at repeal: Defrauding of person hiring out animals and animal-drawn vehicles -- Prosecution -- Register to be kept. History: Repealed 1974 Ky. Acts ch. 406, sec. 336, effective January 1, 1995. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2572d-1, 2572d-2, 2572d-3.

KRS 434.430 Repealed, effective January 1, 1975

434.430. Repealed, effective January 1, 1975 Catchline at repeal: Giving street car transfers to persons not entitled to them. 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. secs. 1376d-1, 1376d-2.

KRS 434.440 Repealed, 1980

434.440. Repealed, 1980 Catchline at repeal: Transmission of false or fraudulent communications over telegraph or telephone lines -- Delay of messages. History: Repealed 1980 Ky. Acts ch. 49, sec. 22, effective July 15, 1980. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1346.

KRS 434.441 Definitions for KRS 434.441 and 434.442

434.441. Definitions for KRS 434.441 and 434.442 As used in this section and KRS 434.442, unless the context otherwise requires: (1) "Educational institutions" means those schools providing postsecondary education including technical, community and junior colleges, and colleges and universities; (2) "Governmental agency" means any agency of the state or local government; and (3) "Secondary school" means a school with grades nine (9) through twelve (12). Effective: July 15, 1996 History: Created 1996 Ky. Acts ch. 170, sec. 1, effective July 15, 1996.

KRS 434.442 Fraudulent use of an educational record -- Penalty

434.442. Fraudulent use of an educational record -- Penalty (1) A person is guilty of fraudulent use of an educational record when that person, knowingly: (a) Falsely makes, completes, alters, or procures to be falsely made or altered, or assists in falsely making or altering, a diploma, certificate, license, or transcript indicating academic achievement in an educational program issued by a secondary school, a postsecondary educational institution, or a governmental agency; (b) Sells, gives, buys, or obtains, or procures to be sold, given, bought or obtained, or assists in selling, giving, buying, or obtaining, a diploma, certificate, license, or transcript which he knows is false, indicating educational achievement in an educational program issued by a secondary school, postsecondary educational institution, or a governmental agency; (c) Presents or uses as genuine a falsely made or altered diploma, certificate, license, or transcript indicating educational achievement in an educational program in a secondary school, postsecondary educational institution, or a governmental agency; or (d) Makes a false written representation of fact that he has received a degree or other certification indicating merit, educational achievement, or completion of an educational program involving study, experience, or testing from a secondary school, a postsecondary educational institution, or governmental agency in an application for: 1. Employment; 2. Admission to an educational program; 3. An award; or 4. The purpose of inducing another to issue a diploma, certificate, license, or transcript indicating educational achievement in an educational program of a secondary school, postsecondary educational institution, or a governmental agency. (2) Fraudulent use of an educational record is a Class A misdemeanor. Effective: July 15, 1996 History: Created 1996 Ky. Acts ch. 170, sec. 2, effective July 15, 1996.

KRS 434.444 Misrepresenting current or former military status -- Exemptions -- Penalties -- Transfer of fines revenue -- Short title

434.444. Misrepresenting current or former military status -- Exemptions -- Penalties -- Transfer of fines revenue -- Short title (1) A person is guilty of misrepresenting current or former military status when he or she, for the purpose of direct or indirect monetary gain, and with intent to defraud, obtain employment, or be elected or appointed to public office, intentionally makes: (a) A claim, orally, in writing, or by any fraudulent display, that he or she is entitled to wear military awards, military decorations, or military rank; (b) A claim that he or she served in the United States Armed Forces, a Reserve Component thereof, or the National Guard; or (c) A claim that he or she served in the military during a wartime era, whether or not there was a declared war, or served in a combat zone, or makes any misrepresentation of actual military service. (2) This section shall not apply to a person who or an organization which: (a) Is reenacting military history or a military event; (b) Is playing the part of a member of the Armed Forces of the United States, a Reserve Component thereof, or the National Guard in a play, motion picture television production, or other dramatic production, or at a patriotic or civic event; (c) Is a member of the Armed Forces of the United States, a Reserve Component thereof, or the National Guard and, as part of a military assignment, is representing a member of the Armed Forces in a previous war or time period for ceremonial, recruiting, or training purposes; (d) Is an employee of or volunteer for a museum and, as a part of their duties, is representing a member of the Armed Forces of the United States, a Reserve Component thereof, or the National Guard for ceremonial, historical, or training purposes; (e) Owns, displays, purchases, sells, or trades militaria, including but not limited to medals, ribbons, and rank insignia, and does not claim to have personally earned them unless he or she is legally entitled to do so; (f) Is a natural person using his or her given name that includes a military rank, so long as he or she does not use the name to defraud another in a manner prohibited by this section; (g) Uses a name or honorary military or military-like rank which has been bestowed upon him or her by a public officer, public employee, or public agency, in the name of a public officer or public agency; (h) Uses a corporate, partnership, sole proprietorship, or other name for a business or product which includes a military rank, so long as the name is not used to defraud another in a manner prohibited by this section; or (i) Holds a registered trademark which includes a military rank or honorary rank, so long as the trademark is not used to defraud another in a manner prohibited by this section. (3) Misrepresenting current or former military status is: (a) A violation of KRS 514.040 if the defendant, by the misrepresentation, obtains money or property; and (b) If the defendant, by the misrepresentation, obtains a public benefit, a violation of the applicable statute that prohibits obtaining that public benefit and provides a specific penalty. (4) If a violation of subsection (3) of this section is not involved, the defendant shall be fined an amount not to exceed five thousand dollars ($5,000) or be imprisoned in the county jail for not more than twelve (12) months, or both. (5) KRS 431.100 to the contrary notwithstanding, any fine assessed as a penalty for conviction under this section shall be transferred by the circuit clerk and deposited with the veterans program trust fund established by KRS 40.460(2)(b). (6) This section shall be cited as the Kentucky Stolen Valor Act. Effective: June 25, 2013 History: Amended 2013 Ky. Acts ch. 115, sec. 1, effective June 25, 2013. -- Created 2008 Ky. Acts ch. 15, sec. 1, effective July 15, 2008. Legislative Research Commission Note (7/15/2008). In 2008 Ky. Acts ch. 15, sec. 1, under the authority of KRS 7.136(1)(a) and (c), during codification renumbering and rearranging of parts of a section have occurred.

KRS 434.445 Unauthorized reproduction and distribution of recorded article or device for sale or rent -- Exemption -- Confiscation and destruction -- Penalties

434.445. Unauthorized reproduction and distribution of recorded article or device for sale or rent -- Exemption -- Confiscation and destruction -- Penalties (1) Any person who knowingly transfers or causes to be transferred any sounds recorded on a phonograph record, disc, wire, tape, film, or other article on which sounds are recorded, with the intent to sell or cause to be sold for profit or used to promote the sale of any product, such article on which sounds are so transferred without the consent of the owner, shall be guilty of a Class D felony. Each individual manufacture of such recorded article shall constitute a separate offense. "Owner," for purposes of this section, means the person who owns the original fixation of sounds embodied in the master phonograph record, master disc, master tape, master film, or other device used for reproducing sounds on phonograph records, discs, tapes, films, or other articles upon which sound is recorded and from which the transferred recorded sounds are directly derived. (2) Any person who knowingly transfers or causes to be transferred to any phonograph record, disc, wire, tape, film, or other article, any performance, whether live before an audience or transmitted by wire or through the air by radio or television, with the intent to sell or cause to be sold for profit or used to promote the sale of any product, such article onto which such performance is or distributes, causes the distribution of, or possesses for one (1) or more of these purposes, to be transferred without the consent of the performer, shall be fined not less than five hundred dollars ($500) nor more than three thousand dollars ($3,000) or confined in the penitentiary for not less than one (1) year nor more than five (5) years, or both. Each individual transfer or manufacture of such recorded article shall constitute a separate offense. For purposes of this section, a person who is authorized to maintain custody and control over business records that reflect whether or not the owner of the live performance consented to having the live performance recorded or fixed is a proper witness in a proceeding regarding the issue of consent. (3) Any person who knowingly, or with reasonable grounds to know, advertises or offers for sale or resale, or sells or resells, or as a renter, rents or causes the rental of, or distributes or possesses for such purposes any sound recording manufactured without the consent of the owner, as defined in subsection (1) of this section, or any sound recording manufactured without the consent of the performer shall, be guilty of a Class D felony. Possession of five (5) or more duplicate copies or twenty (20) or more individual copies of such recorded articles, produced without the consent of the owner, shall create a rebuttable presumption that such devices are intended for sale or distribution in violation of this section. Each sale or resale of any such article shall constitute a separate offense. (4) Any person who knowingly sells or distributes, offers to sell or distribute, possesses for the purpose of sale or distribution any phonograph record, disc, wire, tape, film, or other article now known or later developed on which sounds, images, or both sounds and images have been transferred unless such phonograph record, disc, wire, tape, film, or other article bears the true name and address of the transferor of the sounds and the name of the actual performer or group in a prominent place on its packaging shall be guilty of a Class D felony. Each sale or distribution of any such article shall constitute a separate offense. (5) This section does not apply to any person who transfers or causes to be transferred any such sounds or images intended for or in connection with radio or television broadcast or cable transmission or related uses, or for archival purposes, or solely for the personal use of the person transferring or causing the transfer and without any compensation being derived by the person from the transfer. (6) It shall be the duty of all peace officers within the Commonwealth of Kentucky and the Department of Kentucky State Police upon discovery to confiscate the recorded devices produced in violation of this section. Any recorded device produced in violation of this section, which has come into the custody of a peace officer, shall be forfeited and destroyed by the court having jurisdiction. A record of the place where said recorded devices were seized, the kinds and quantities of recorded devices so destroyed, and of the time, place, and manner of the destruction, shall be kept. Effective: June 26, 2007 History: Amended 2007 Ky. Acts ch. 85, sec. 317, effective June 26, 2007. -- Amended 1992 Ky. Acts ch. 108, sec. 1, effective July 14, 1992. -- Amended 1978 Ky. Acts ch. 321, sec. 2, effective June 17, 1978. -- Created 1974 Ky. Acts ch. 120, sec. 1.

KRS 434.450 Repealed, effective January 1, 1975

434.450. Repealed, effective January 1, 1975 Catchline at repeal: Evasion of inspection by master of vessel carrying tobacco or flour. 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. 1204.

KRS 434.460 Repealed, effective January 1, 1975

434.460. Repealed, effective January 1, 1975 Catchline at repeal: Sale of impure lead and linseed oil as pure lead and linseed oil. 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. 1373.

KRS 434.470 Repealed, effective January 1, 1975

434.470. Repealed, effective January 1, 1975 Catchline at repeal: Fraudulent manufacture, sale, gift or use of tokens and slugs. 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. secs. 1376s-2, 1376s-3.

KRS 434.480 Repealed, effective January 1, 1975

434.480. Repealed, effective January 1, 1975 Catchline at repeal: Prevention of exercise of calling or free import and export, and requiring additional licenses, under pretense of authority. 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. 1213.

KRS 434.490 Repealed, effective January 1, 1975

434.490. Repealed, effective January 1, 1975 Catchline at repeal: Defrauding vendor of newspapers. History: Repealed 1974 Ky. Acts ch. 406, sec. 336, effective January 1, 1975. -- Amended 1946 Ky. Acts ch. 22, sec. 1. -- Created 1944 Ky. Acts ch. 171, sec. 1.

KRS 434.500 Repealed, effective January 1, 1975

434.500. Repealed, effective January 1, 1975 Catchline at repeal: Defrauding taxicab operator. History: Repealed 1974 Ky. Acts ch. 406, sec. 336, effective January 1, 1975. -- Created 1948 Ky. Acts ch. 29, sec. 1.

KRS 434.510 Repealed, effective January 1, 1975

434.510. Repealed, effective January 1, 1975 Catchline at repeal: Obtaining communications service by fraud. History: Repealed 1974 Ky. Acts ch. 406, sec. 336, effective January 1, 1974. -- Amended 1970 Ky. Acts ch. 83, sec. 21. -- Amended 1966 Ky. Acts ch. 150, sec. 1. - - Created 1960 Ky. Acts ch. 159, secs. 1 to 4.

KRS 434.550 Citation of KRS 434.550 to 434.730

434.550. Citation of KRS 434.550 to 434.730 KRS 434.550 to 434.730 may be cited as the Credit and Debit Card Crime Act. Effective: June 17, 1978 History: Amended 1978 Ky. Acts ch. 67, sec. 1, effective June 17, 1978. -- Created 1970 Ky. Acts ch. 83, sec. 1.

KRS 434.560 Definitions for KRS 434.550 to 434.730

434.560. Definitions for KRS 434.550 to 434.730 As used in KRS 434.550 to 434.730, unless the context otherwise requires: (1) "Automated banking device" means any machine which when properly activated by a credit card, debit card or personal identification code will perform any of the following services: (a) Dispense money as a debit to the cardholder's savings or checking account; (b) Print the cardholder's savings or checking account balances on a statement; (c) Transfer funds between a cardholder's savings and checking account; (d) Accept payments on a cardholder's loan; (e) Dispense cash advances on an open end credit or a revolving charge agreement; (f) Accept deposits to a customer's savings or checking account; (g) Receive inquiries of verification of checks and dispense information which verifies that funds are available to cover said checks; or (h) Cause money to be transferred electronically from a cardholder's account to an account held by any business, firm, retail merchant, corporation, or any other organization; (2) "Cardholder" means: (a) For a credit or debit card, the person or organization named on the face of a credit or debit card to whom or for whose benefit the credit or debit card is issued by an issuer; or (b) For a gift card, any person or organization to whom a physical or virtual gift card is issued through a purchase, or who receives a gift card from a willing party; (3) "Credit card" means any instrument or device, whether known as a credit card, credit plate, credit number or by any other name, issued by an issuer for the use of the cardholder in obtaining money, goods, services or anything else of value on credit; (4) "Debit card" means any instrument or device, known by any nam e, issued with or without fee by an issuer for the use of the cardholder in obtaining money, goods, services, and anything else of value, payment of which is made against funds previously deposited by cardholder; (5) "E.F.T. system" means an electronic fun ds transfer system whereby funds are transferred electronically from a cardholder's account to any other account; (6) "Expired credit card" means a credit card which is no longer valid because the term shown on it has expired; (7) "Expired debit card" means a debit card which is no longer valid because the term shown on it has expired; (8) "Face value" means the highest monetary value listed on a gift card or its packaging, or if no value is listed, two hundred fifty dollars ($250); (9) "Gift card" means a card, code, or device, whether activated or unactivated, that: (a) Is issued on a prepaid basis primarily for personal, family, or household purposes in a specified amount, regardless of whether that amount may be increased or reloaded in exchange for payment; and (b) May be redeemable upon presentation by a cardholder at a single merchant or group of merchants, or at multiple unaffiliated merchants within a payment card network; (10) "Gift card redemption information" means information unique to each gift card which allows the cardholder to access, transfer, or spend the funds on that gift card; (11) "Issuer" means the business organization or financial institution which issues a credit, debit, or gift card or its duly authorized agent; (12) "Merchant" means an owner or operator of any retail mercantile establishment or any agent, employee, lessee, consignee, officer, director, franchisee, or independent contractor of such owner or operator. "Merchant" also means: (a) A person who receives from an authorized user of a payment card, or someone the person believes to be an authorized user, a payment card or information from a payment card, or what the person believes to be a payment card or information from a payment card, as the instrument for obtaining, purchasing, or receiving goods, services, money, or anything else of value from the person; or (b) A person engaged in the business of selling gift cards to consumers; (13) "Participating party" means a business organization or financial institution, or any duly authorized agent of such business organization or financial institution, which is obligated by contract to acquire from a person, business organization, or financial institution providing money, goods, services or anything else of value, a sales slip, sales draft, or other instrument evidencing a credit, debit, or gift card transaction and from whom the issuer is obligated by contract to acquire or participate in such sales slip, sales draft or other instrument; (14) "Payment card" means a credit card, charge card, debit card, or any other card that is issued to an authorized card user and that allows the user to obtain, purchase, or receive goods, services, money, or anything else of value from a merchant; (15) "Presentation or presents" means those actions taken by a cardholder or any person to introduce a credit or debit card into an automated banking device or merely displaying or showing a credit, debit, or gift card to the issuer, a person or organization providing money, goods, services, or anything else of value, or any other entity with intent to defraud; (16) "Receives" or "receiving" means acquiring possession or control of a credit or debit card; (17) "Reencoder" means an electronic device that places encoded information from the magnetic strip or stripe of a payment card onto the magnetic strip or stripe of a different payment card; (18) "Revoked credit card" means a credit card which is no longer valid because permission to use it has been suspended or terminated by the issuer; (19) "Revoked debit card" means a debit card which is no longer valid because permission to use it has been suspended or terminated by the issuer; and (20) "Scanning device" means a scanner, reader, or any other electronic device that is used to access, read, scan, obtain, memorize, or store, temporarily or permanently, information encoded on the magnetic strip or stripe of a payment card. Effective: June 27, 2025 History: Amended 2025 Ky. Acts ch. 38, sec. 1, effective June 27, 2025. -- Amended 2004 Ky. Acts ch. 27, sec. 2, effective July 13, 2004. -- Amended 1978 Ky. Acts ch. 67, sec. 2, effective June 17, 1978. -- Created 1970 Ky. Acts ch. 83, sec. 2.

KRS 434.570 False statement as to identity or financial condition

434.570. False statement as to identity or financial condition In addition and supplemental to the acts proscribed under KRS 517.090, a person who makes or causes to be made, either directly or indirectly, any false statement in writing, knowing it to be false and with intent that it be relied on, respecting his identity or that of any other person, firm, or corporation, or as to a material fact about his financial condition or that of any other person, firm, or corporation, for the purpose of procuring the issuance of a credit or debit card, is guilty of a Class D felony. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 463, sec. 51, effective July 14, 1992. -- Amended 1978 Ky. Acts ch. 67, sec. 3, effective June 17, 1978. -- Amended 1974 Ky. Acts ch. 406, sec. 325. -- Created 1970 Ky. Acts ch. 83, sec. 3.

KRS 434.580 Theft -- Receipt of stolen credit, debit, or gift card -- Presumption

434.580. Theft -- Receipt of stolen credit, debit, or gift card -- Presumption (1) (a) A person who takes a credit, debit, or gift card from the person, possession, custody, or control of another without the consent of the cardholder, the issuer, or, for a gift card, the merchant, or who, with knowledge that it has been so taken, receives the credit, debit, or gift card with intent to use it or to sell it or to transfer it to a person other than the issuer, the cardholder, or, for a gift card, the merchant, is: 1. For a credit or debit card, subject to the penalties set forth in KRS 434.730(1); or 2. For a gift card, subject to the penalties set forth in KRS 514.030 for the face value of the gift card. (b) Taking a credit, debit, or gift card without consent includes obtaining it by conduct defined or known as statutory larceny, common -law larceny by trespassory taking, common-law larceny by trick, embezzlement, or obtaining property by false pretenses, false promise, or extortion. (2) A person who has in his or her possession or under his or her control two (2) or more credit, debit, or gift cards which have been taken or obtained in violation of subsection (1) of this section is presumed to know that the credit, debit, or gift cards have been so taken or obtained. Effective: June 27, 2025 History: Amended 2025 Ky. Acts ch. 38, sec. 3, effective June 27, 2025. -- Amended 1978 Ky. Acts ch. 67, sec. 4, effective June 17, 1978. -- Created 1970 Ky. Acts ch. 83, sec. 4.

KRS 434.590 Receipt of credit or debit card lost, mislaid, or delivered by mistake, with intent to use or transfer

434.590. Receipt of credit or debit card lost, mislaid, or delivered by mistake, with intent to use or transfer A person who receives a credit or debit card that he knows to have been lost, mislaid, or delivered under a mistake as to the identity or address of the cardholder, and who retains possession with intent to use it or to sell it or to transfer it to a person other than the issuer or the cardholder is guilty of a misdemeanor and is subject to the penalties set forth in subsection (1) of KRS 434.730. Effective: June 17, 1978 History: Amended 1978 Ky. Acts ch. 67, sec. 5, effective June 17, 1978. -- Created 1970 Ky. Acts ch. 83, sec. 5.

KRS 434.600 Sale by or purchase from person other than issuer

434.600. Sale by or purchase from person other than issuer A person other than the issuer who sells a credit or debit card or a person who buys a credit or debit card from a person other than the issuer is guilty of a Class D felony. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 463, sec. 52, effective July 14, 1992. -- Amended 1978 Ky. Acts ch. 67, sec. 6, effective June 17, 1978. -- Created 1970 Ky. Acts ch. 83, sec. 6.

KRS 434.610 Control over card as security for debt

434.610. Control over card as security for debt A person who, with intent to defraud the issuer, a participating party, a person or organization providing money, goods, services or anything else of value, or any other person, obtains control over a credit or debit card as security for debt is guilty of a misdemeanor and is subject to the penalties set forth in subsection (1) of KRS 434.730. Effective: June 17, 1978 History: Amended 1978 Ky. Acts ch. 67, sec. 7, effective June 17, 1978. -- Created 1970 Ky. Acts ch. 83, sec. 7.

KRS 434.620 Receipt of card in violation of KRS 434.570 to 434.610

434.620. Receipt of card in violation of KRS 434.570 to 434.610 A person, other than the issuer, who receives a credit or debit card which he knows was obtained, taken, or retained under circumstances which constitute a violation of KRS 434.570 to 434.610 is guilty of a Class D felony. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 463, sec. 53, effective July 14, 1992. -- Amended 1978 Ky. Acts ch. 67, sec. 8, effective June 17, 1978. -- Created 1970 Ky. Acts ch. 83, sec. 8.

KRS 434.630 False making or embossing of credit or debit card -- Possession of two or more falsely made or embossed cards -- Definitions

434.630. False making or embossing of credit or debit card -- Possession of two or more falsely made or embossed cards -- Definitions (1) A person who, with intent to defraud a purported issuer, a participating party, a person or organization providing money, goods, services, or anything else of value, or any other person, falsely makes or falsely embosses a purported credit or debit card, or utters such a credit or debit card or possesses such a credit or debit card with knowledge that such credit or debit card has been falsely made or falsely embossed is guilty of a Class D felony. (2) A person other than the purported issuer who possesses two (2) or more credit or debit cards which are falsely made or falsely embossed is presumed to possess the same with knowledge that they have been falsely embossed or falsely made and with the intent to defraud. (3) A person "falsely makes" a credit or debit card when he makes or draws, in whole or in part, a device or instrument which purports to be the credit or debit card of a named issuer but which is not such a credit or debit card because the issuer did not authorize the making or drawing, or alters a credit or debit card which was validly issued. A person "falsely embosses" a credit or debit card when, without the authorization of the named issuer, he completes a credit or debit card by adding any of the matter, other than the signature of the cardholder, which an issuer requires to appear on the credit or debit card before it can be used by a cardholder. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 463, sec. 54, effective July 14, 1992. -- Amended 1978 Ky. Acts ch. 67, sec. 9, effective June 17, 1978. -- Created 1970 Ky. Acts ch. 83, sec. 9.

KRS 434.635 Gift card tampering

434.635. Gift card tampering (1) A person is guilty of gift card tampering when he or she intentionally manipulates a gift card’s packaging or security features to access the gift card’s information without authorization and with the intention of using the information to improperly access and utilize funds placed on the gift card by another. (2) Gift card tampering is a Class D felony. (3) This section shall not apply to tampering with an activated gift card with or without the consent of the cardholder. (4) Conduct which may constitute a violation of this section may be used to show a violation of KRS 506.120, but a person shall not be convicted of a violation of this section and KRS 506.120. Effective: June 27, 2025 History: Created 2025 Ky. Acts ch. 38, sec. 2, effective June 27, 2025.

KRS 434.640 Unauthorized signature

434.640. Unauthorized signature A person other than the cardholder or a person authorized by him who, with intent to defraud the issuer, or a participating party, or a person or organization providing money, goods, services or anything else of value, or any other person, signs a credit or debit card is guilty of a misdemeanor and is subject to the penalties set forth in subsection (1) of KRS 434.730. Effective: June 17, 1978 History: Amended 1978 Ky. Acts ch. 67, sec. 10, effective June 17, 1978. -- Created 1970 Ky. Acts ch. 83, sec. 10.

KRS 434.650 Fraudulent use -- Presumption as to knowledge of revocation

434.650. Fraudulent use -- Presumption as to knowledge of revocation (1) (a) A person who, with intent to defraud the issuer, a participating party, a person or organization providing money, goods, services, or anything else of value, or any other person: 1. Uses for the purpose of obtaining money, goods, services, or anything else of value a credit or debit card obtained or retained in violation of KRS 434.570 to 434.650, or any of such sections, or a credit or debit card which he or she knows is forged, expired, or revoked; 2. Obtains money, goods, services, or anything else of value by representing without consent of the cardholder that he or she is the holder of a specified card or by representing that he or she is the holder of a card and such card has not in fact been issued; 3. Uses a credit or debit card obtained or retained in violation of KRS 434.570 to 434.650, or any of such sections, or a credit or debit card which he or she knows is forged, expired, or revoked, as authority or identification to cash or attempts to cash or otherwise negotiate or transfer a check or other order for payment of money, whether or not negotiable, if said negotiation or transfer or attempt to negotiate or transfer would constitute a crime under KRS 514.040 or 516.030; 4. Deposits into his or her account or any account, via an automated banking device, a false, fictitious, forged, altered, or counterfeit check, draft, money order, or any other such document not his or her lawful or legal property; or 5. Obtains a gift card or gift card redemption information from a cardholder, issuer, or merchant by means of false or fraudulent pretenses, representations, or promises; is guilty as provided in paragraph (b) of this subsection. (b) The penalty for violating paragraph (a) of this subsection is a Class B misdemeanor unless: 1. The value of all money, goods, services, or other things of value obtained in violation of this section over a six (6) month period is five hundred dollars ($500) or more but is less than one thousand dollars ($1,000), in which case it is a Class A misdeme anor; 2. The value of all money, goods, services, or other things of value obtained in violation of this section over a six (6) month period is one thousand dollars ($1,000) or more but is less than ten thousand dollars ($10,000), in which case it is a Cla ss D felony; 3. The person has three (3) or more convictions under subparagraph 1. of this paragraph within the last five (5) years, in which case it is a Class D felony. The five (5) year period shall be measured from the dates on which the offenses occurred for which the judgments of conviction were entered; or 4. The value of all money, goods, services, or other things of value obtained in violation of this section over a six (6) month period is ten thousand dollars ($10,000) or more, in which case it is a Class C felony. (2) A person who receives money, goods, services, or anything else of value as a result of a false, fictitious, forged, altered, or counterfeit check, draft, money order, or any other such document having been deposited into an account via an automated banking device, knowing at the time of receipt of the money, goods, services, or item of value that the document so deposited was false, fictitious, forged, altered, or counterfeit or that the above described deposited item was not his or her lawful or legal property, violates this subsection and is subject to the penalties set forth in subsection (1) of this section. (3) Knowledge of revocation shall be presumed to have been received by a cardholder four (4) days after it has been mailed to him or her at the address set forth on the credit or debit card or at his or her last known address by registered or certified mail, return receipt requested, and, if the address is more than five hundred (500) miles from the place of mailing, by air mail. If the address is located outside the United States, Puerto Rico, the Virgin Islands, the Canal Zone, and Canada, notice shall be presumed to have been received ten (10) days after mailing by registered or certified mail. Effective: June 27, 2025 History: Amended 2025 Ky. Acts ch. 38, sec. 4, effective June 27, 2025. -- Amended 2021 Ky. Acts ch. 66, sec. 5, effective June 29, 2021. -- Amended 2009 Ky. Acts ch. 106, sec. 1, effective June 25, 2009. -- Amended 1992 Ky. Acts ch. 463, sec. 55, effective July 14, 1992. -- Amended 1978 Ky. Acts ch. 67, sec. 11, effective June 17, 1978. -- Amended 1974 Ky. Acts ch. 406, sec. 326. -- Created 1970 Ky. Acts ch. 83, sec. 11.

KRS 434.655 Fraudulent use of credit or debit card after reporting it lost, as stolen, or not received

434.655. Fraudulent use of credit or debit card after reporting it lost, as stolen, or not received (1) A cardholder who fraudulently uses a credit or debit card to obtain money, goods, services, or anything else of value after said cardholder has reported to the issuer said credit or debit card lost, as stolen, or not received is deemed to have used said credit or debit card in order to defraud the issuer; and said cardholder shall be guilty of a Class B misdemeanor unless: (a) The value of all money, goods, services, or other things of value furnished in violation of this section over a six (6) month period is five hundred dollars ($500) or more but is less than one thousand dollars ($1,000), in which case it is a Class A misdemeanor; (b) The value of all money, goods, services, or other things of value furnished in violation of this section over a six (6) month period is one thousand dollars ($1,000) or more but is less than ten thousand dollars ($10,000), in which case it is a Class D felony; (c) The person has three (3) or more convictions under paragraph (a) of this subsection within the last five (5) years, in which case it is a Class D felony. The five (5) year period shall be measured from the dates on which the offenses occurred for which the judgments of conviction were entered; or (d) The value of all money, goods, services, or other things of value furnished in violation of this section over a six (6) month period is ten thousand dollars ($10,000) or more, in which case it is a Class C felony. (2) A cardholder who, after using a credit or debit card, fraudulently reports to the issuer that such usage or transaction was not made by said cardholder, or that said credit or debit card was lost, stolen, or not received at the time of such usage or transaction, in order to defraud the issuer, the cardholder, or any other person in connection with said usage, shall be guilty of a Class B misdemeanor unless: (a) The value of all money, goods, services, or other things of value furnished in violation of this section over a six (6) month period is five hundred dollars ($500) or more but is less than one thousand dollars ($1,000), in which case it is a Class A misdemeanor; (b) The value of all money, goods, services, or other things of value furnished in violation of this section over a six (6) month period is one thousand dollars ($1,000) or more but is less than ten thousand dollars ($10,000), in which case it is a Class D felony; (c) The person has three (3) or more convictions under paragraph (a) of this subsection within the last five (5) years, in which case it is a Class D felony. The five (5) year period shall be measured from the dates on which the offenses occurred for which the judgments of conviction were entered; or (d) The value of all money, goods, services, or other things of value furnished in violation of this section over a six (6) month period is ten thousand dollars ($10,000) or more, in which case it is a Class C felony. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 66, sec. 6, effective June 29, 2021. -- Amended 2009 Ky. Acts ch. 106, sec. 2, effective June 25, 2009. -- Amended 1986 Ky. Acts ch. 377, sec. 1, effective July 15, 1986. -- Created 1978 Ky. Acts ch. 67, sec. 17, effective June 17, 1978.

KRS 434.660 Fraud by authorized persons, business organization, or financial institution

434.660. Fraud by authorized persons, business organization, or financial institution A person, business organization, or financial institution who is authorized by an issuer to furnish money, goods, services, or anything else of value upon presentation of a credit or debit card by a cardholder, or any agent or employee of such person, business organization, or financial institution, who, with intent to defraud the issuer, a participating party, the cardholder, or any other person, furnishes money, goods, or services or anything else of value upon presentation of a credit or debit card obtained or retained in violation of KRS 434.570 to 434.650, or any of such sections, or a credit or debit card which he knows is forged, expired, or revoked is guilty of a Class A misdemeanor, if the value of all money, goods, services, or other things of value furnished in violation of this section over a six (6) month period is less than five hundred dollars ($500), a Class D felony if such value is five hundred dollars ($500) or more but is less than ten thousand dollars ($10,000), or a Class C felony if such value is ten thousand dollars ($10,000) or more. Effective: June 25, 2009 History: Amended 2009 Ky. Acts ch. 106, sec. 3, effective June 25, 2009. -- Amended 1992 Ky. Acts ch. 463, sec. 56, effective July 14, 1992. -- Amended 1978 Ky. Acts ch. 67, sec. 15, effective June 17, 1978. -- Created 1970 Ky. Acts ch. 83, sec. 12.

KRS 434.670 Failure to furnish goods, services, etc., represented in writing as furnished

434.670. Failure to furnish goods, services, etc., represented in writing as furnished A person, business organization, or financial institution who is authorized by an issuer to furnish money, goods, services, or anything else of value upon presentation of a credit or debit card by a cardholder, or any agent or employee of such person, business organization, or financial institution, who, with intent to defraud the issuer, a participating party, the cardholder, or any other person, fails to furnish money, goods, services, or anything else of value which he represents in writing to the issuer that he has furnished over a six (6) month period is guilty of a Class A misdemeanor if the difference between the value of all money, goods, services, or anything else of value actually furnished and the value represented to the issuer to have been furnished is less than five hundred dollars ($500), a Class D felony if such value is five hundred dollars ($500) or more but is less than ten thousand dollars ($10,000), or a Class C felony if such value is ten thousand dollars ($10,000) or more. Effective: June 25, 2009 History: Amended 2009 Ky. Acts ch. 106, sec. 4, effective June 25, 2009. -- Amended 1992 Ky. Acts ch. 463, sec. 57, effective July 14, 1992. -- Amended 1978 Ky. Acts ch. 67, sec. 16, effective June 17, 1978. -- Created 1970 Ky. Acts ch. 83, sec. 13.

KRS 434.675 Use of scanning device or reencoder to obtain payment card information prohibited

434.675. Use of scanning device or reencoder to obtain payment card information prohibited (1) No person shall use a scanning device to access, read, obtain, memorize, or store, temporarily or permanently, information encoded on the magnetic strip or stripe of a payment card with the intent to defraud the authorized user, the issuer of the authorized user's payment card, or a merchant. (2) No person shall use a reencoder to place information encoded on the magnetic strip or stripe of a payment card onto the magnetic strip or stripe of a different card with the intent to defraud the authorized user, the issuer of the authorized user's payment card, or a merchant. Effective: July 13, 2004 History: Created 2004 Ky. Acts ch. 27, sec. 1, effective July 13, 2004.

KRS 434.680 Unauthorized production or reproduction of credit or debit card -- Definition -- Presumption as to possession of incomplete card

434.680. Unauthorized production or reproduction of credit or debit card -- Definition -- Presumption as to possession of incomplete card (1) A person other than the cardholder possessing an incomplete credit or debit card, or possessing a purported distinctive element of a credit or debit card, with intent to complete such incomplete credit or debit card or to utilize such purported distinctive element in the production or reproduction of any credit or debit card without the consent of the issuer, or a person possessing, with knowledge of its character, a distinctive element of any credit or debit card or any machinery, plates, or any contrivance designed to produce or reproduce instruments purporting to be the credit or debit cards, or a distinctive element of the credit or debit cards, of an issuer or of any issuer in a group of issuers utilizing a common distinctive element or elements in credit or debit cards issued by all members of such group, who has not consented to the production or reproduction of such card, is guilty of a Class D felony. A credit or debit card is "incomplete" if part of the matter other than the signature of the cardholder, which an issuer or any issuer in a group of issuers utilizing a common distinctive element or elements in credit or debit cards issued by all members of such group, requires to appear on the credit or debit card before it can be used by the cardholder has not yet been stamped, embossed, imprinted, or written on it. A "distinctive element" of a credit or debit card is any material or component used in the fabrication of credit or debit cards which, by virtue of such element's chemical or physical composition, color, or design, is unique to the credit or debit cards issued by a particular issuer or group of issuers utilizing a common distinctive element or elements in credit or debit cards issued by all members of such group. (2) A person other than the cardholder or issuer who possesses two (2) or more incomplete credit or debit cards is presumed to possess the same without the consent of the issuer and with the intent to complete them. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 463, sec. 58, effective July 14, 1992. -- Amended 1978 Ky. Acts ch. 67, sec. 12, effective June 17, 1978. -- Created 1970 Ky. Acts ch. 83, sec. 14.

KRS 434.685 Misuse of electronic information prohibited

434.685. Misuse of electronic information prohibited (1) Any person who, with intent to defraud the issuer, the cardholder, or any other person or organization, (a) intercepts, taps or alters electronic information between an automated banking device and the issuer, or (b) originates electronic information to an automated banking device or to the issuer, via any line, wire, or any other means of electronic transmission, at any junction or terminal, or at any location within an E.F.T. system, for the purpose of obtaining money, goods, services or anything else of value, violates this subsection and is subject to the penalties set forth in subsection (2) of KRS 434.730. (2) Any person who, with intent to defraud the issuer, cardholder, or any other person or organization, intercepts, taps or alters electronic information between an automated banking device and the issuer, or originates electronic information to an automated banking device or to the issuer, via any line, wire, or other means of electronic transmission, at any junction or terminal, or at any location within the E.F.T. system, and therefore causes funds to be transferred from one account to any other account, violates this subsection and is subject to the penalties set forth in subsection (2) of KRS 434.730. Effective: June 17, 1978 History: Created 1978 Ky. Acts ch. 67, sec. 13, effective June 17, 1978.

KRS 434.690 Receiving goods, services, etc., obtained by fraud -- Presumption as to possession of transportation tickets fraudulently obtained

434.690. Receiving goods, services, etc., obtained by fraud -- Presumption as to possession of transportation tickets fraudulently obtained (1) A person who receives money, goods, services, or anything else of value obtained in violation of KRS 434.650, knowing or believing that it was so obtained is guilty of a Class B misdemeanor unless: (a) The value of all money, goods, services, and other things of value received in violation of this section over a six (6) month period is five hundred dollars ($500) or more but is less than one thousand dollars ($1,000), in which case it is a Class A misdemeanor; (b) The value of all money, goods, services, and other things of value received in violation of this section over a six (6) month period is one thousand dollars ($1,000) or more but is less than ten thousand dollars ($10,000), in which case it is a Class D felony; (c) The person has three (3) or more convictions under paragraph (a) of this subsection within the last five (5) years, in which case it is a Class D felony. The five (5) year period shall be measured from the dates on which the offenses occurred for which the judgments of conviction were entered; or (d) The value of all money, goods, services, and other things of value received in violation of this section over a six (6) month period is ten thousand dollars ($10,000) or more, in which case it is a Class C felony. (2) A person who possesses three (3) or more tickets for airline, railroad, steamship, or other transportation service, which tickets were obtained by the use of a stolen or forged credit or debit card is presumed to know that such tickets were so obtained. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 66, sec. 7, effective June 29, 2021. -- Amended 2009 Ky. Acts ch. 106, sec. 5, effective June 25, 2009. -- Amended 1992 Ky. Acts ch. 463, sec. 59, effective July 14, 1992. -- Amended 1978 Ky. Acts ch. 67, sec. 14, effective June 17, 1978. -- Created 1970 Ky. Acts ch. 83, sec. 15.

KRS 434.695 Use of false, fictitious, unauthorized or counterfeit card prima facie evidence of knowledge

434.695. Use of false, fictitious, unauthorized or counterfeit card prima facie evidence of knowledge The presentation or use of a false, fictitious, unauthorized or counterfeit, credit or debit card, or other credit or debit device for the purpose of obtaining money, goods, services or anything else of value shall be prima facie evidence of knowledge that the said credit or debit device is false, fictitious, counterfeit, or its use is unauthorized. Effective: June 17, 1978 History: Created 1978 Ky. Acts ch. 67, sec. 18, effective June 17, 1978.

KRS 434.697 Phishing

434.697. Phishing (1) For purposes of this section: (a) "Electronic mail message" means a message sent to a unique destination that consists of a unique user name or mailbox and a reference to an Internet domain, whether or not displayed, to which the message can be sent or delivered; and (b) "Identifying information" means specific details that can be used to access a person's financial accounts or to obtain goods or services, including but not limited to the person's Social Security number, driver's license number, bank account number, credit or debit card number, personal identification number, automated or electronic signature, unique biometric data, or account password. (2) A person is guilty of phishing if he or she knowingly or intentionally solicits, requests, or takes any action to induce another person to provide identifying information by means of a Web page, electronic mail message, or otherwise using the Internet, by representing himself or herself either directly or by implication, to be a third person without the authority or approval of such other person. (3) In any prosecution for a violation of this section, the Commonwealth is not required to establish, and it is no defense that: (a) A person other than the defendant who violated this section has not been convicted, apprehended, or identified; or (b) Some of the acts constituting a violation of this section did not occur in Kentucky or were not a criminal offense or elements of a criminal offense where they did occur. (4) Phishing is a Class D felony. Effective: June 25, 2009 History: Created 2009 Ky. Acts ch. 100, sec. 12, effective June 25, 2009.

KRS 434.700 Prosecutions

434.700. Prosecutions In any prosecution for violation of KRS 434.550 to 434.730, the Commonwealth is not required to establish and it is no defense that: (1) A person other than the defendant who violated KRS 434.550 to 434.730 has not been convicted, apprehended, or identified; or (2) Some of the acts constituting the crime did not occur in Kentucky or were not a crime or elements of a crime where they did occur. History: Created 1970 Ky. Acts ch. 83, sec. 16.

KRS 434.710 Sufficiency of evidence as to presumptions

434.710. Sufficiency of evidence as to presumptions When KRS 434.550 to 434.730 establishes a presumption with respect to any fact which is an element of a crime, it has the following consequences: (1) When there is sufficient evidence of the facts which give rise to the presumption to go to the jury, the issue of the existence of the presumed facts must be submitted to the jury, unless the court is satisfied that the evidence as a whole clearly negatives the presumed facts; and (2) When the issue of the existence of the presumed fact is submitted to the jury, the court shall charge that while the presumed fact, must, on all the evidence, be proven beyond a reasonable doubt, the law declares that the jury may regard the facts giving rise to the presumption as sufficient evidence of the presumed fact. History: Created 1970 Ky. Acts ch. 83, sec. 17.

KRS 434.715 Criminal or civil liability prohibited for false arrest or false imprisonment where prima facie evidence of fraud exists and proper notice is given

434.715. Criminal or civil liability prohibited for false arrest or false imprisonment where prima facie evidence of fraud exists and proper notice is given In the event of the existence of prima facie evidence of fraudulent intent as defined in KRS 434.695 and proper notice given as required, any person, firm or corporation causing the arrest of a person so using a credit or debit card shall not be criminally or civilly liable for false arrest or false imprisonment. Effective: June 17, 1978 History: Created 1978 Ky. Acts ch. 67, sec. 19, effective June 17, 1978.

KRS 434.720 Construction of KRS 434.550 to 434.730

434.720. Construction of KRS 434.550 to 434.730 KRS 434.550 to 434.730 shall not be construed to preclude the applicability of any other provision of the criminal law of this Commonwealth which presently applies or may in the future apply to any transaction which violates KRS 434.550 to 434.730, unless such provision is inconsistent with the terms of KRS 434.550 to 434.730. History: Created 1970 Ky. Acts ch. 83, sec. 19.

KRS 434.730 Penalties

434.730. Penalties (1) A person who has violated KRS 434.590 shall be guilty of a Class A misdemeanor. (2) A person who has violated KRS 434.600 shall be guilty of a Class D felony. (3) A person who has violated the provisions of KRS 434.675(1) shall be guilty of a Class D felony for the first offense and a Class C felony for each subsequent offense. (4) A person who has violated the provisions of KRS 434.675(2) shall be guilty of a Class D felony for the first offense and a Class C felony for each subsequent offense. Effective: July 13, 2004 History: Amended 2004 Ky. Acts ch. 27, sec. 3, effective July 13, 2004. -- Amended 1992 Ky. Acts ch. 463, sec. 60, effective July 14, 1992. -- Amended 1986 Ky. Acts ch. 331, sec. 53, effective July 15, 1986. -- Created 1970 Ky. Acts ch. 83, sec. 18.

KRS 434.840 Definitions

434.840. Definitions For the purposes of KRS 434.840 to 434.860, the following words, including any form of the word, and terms shall have the following meanings: (1) "Access" means to approach, instruct, communicate with, manipulate, store data in, retrieve or intercept data from, or otherwise make use of any resources of, a computer, computer system, or computer network; (2) "Computer" means any device, equipment, or facility that uses a computer program or other instructions, stored either temporarily or permanently, to perform specific operations including but not limited to logical, arithmetic, or memory functions with or on data or a computer program that can store, retrieve, alter, or communicate the results of the operations to a person, computer program, computer, computer system, or computer network; (3) "Computer network" means an interconnection of two (2) or more devices used for the purpose of transmitting any combination of voice, video, or data including but not limited to bridges, routers, switches, antennas, or towers connected by hardwire or wireless communications lines; (4) "Computer program" means a set of instructions or statements and related data that, when executed in actual or modified form, cause a computer, computer system, or computer network to perform specified functions; (5) "Computer software" means computer programs, procedures, or associated documentation concerned with the operation of a computer, computer system, or computer network for system control or processing of data; (6) "Computer system" means a set of related computer equipment, devices, data, software, or hardware that is designed to perform a specific function; (7) "Data" means a representation of information, knowledge, facts, concepts, or instructions which are being prepared or have been prepared in a formalized manner, and is intended to be stored or processed, or is being stored or processed, or has been stored or processed, in a computer, computer system, or computer network; (8) "Device" includes but is not limited to an electronic, magnetic, electrochemical, biochemical, hydraulic, optical, or organic object that performs input, output, or storage functions by the manipulation of electronic, magnetic, or other impulses; (9) "Effective consent" means consent by a person legally authorized to act for the owner. Consent is not effective if it is: (a) Induced by deception or coercion; (b) Given by a person who the actor knows is not legally authorized to act for the owner; (c) Given by a person who by reason of age, mental disease or defect, or intoxication is known by the actor to be unable to make responsible property or data dispositions; or (d) Used for a purpose other than that for which the consent is given; (10) "Financial instruments" includes but is not limited to any check, draft, warrant, money order, certificate of deposit, negotiable instrument, letter of credit, bill of exchange, credit or debit card, transaction authorization mechanism, marketable security, or any electronic representation thereof; (11) "Intellectual property" includes data, text, images, sound, codes, computer programs, software, or databases which may be in any form, including but not limited to, computer printouts, magnetic storage media, punched cards, or which may be stored internally in the memory of a computer; (12) "Loss or damage" means the result of accessing, attempting to access, or causing to be accessed, without effective consent, any computer software, computer program, data, computer, computer system, computer network, or any part thereof, including but not limited to theft, alteration, or destruction of data, security breaches, or disruption of services; (13) "Owner" means a person who has title, license, or other lawful possession of the property, a person who has the right to restrict access to the property, or a person who has a greater right to possession of the property than the actor; (14) "Property" includes but is not limited to intellectual property, financial instruments, data, computer programs, documentation associated with data, computers, computer systems and computer programs, all in machine-readable or human-readable form, and any tangible or intangible item of value; and (15) "Services" includes but is not limited to the use of a computer, a computer system, a computer network, computer software, computer program, or data to perform tasks. Effective: July 15, 2002 History: Amended 2002 Ky. Acts ch. 350, sec. 1, effective July 15, 2002. -- Created 1984 Ky. Acts ch. 210, sec. 1, effective July 13, 1984.

KRS 434.845 Unlawful access to a computer in the first degree

434.845. Unlawful access to a computer in the first degree (1) A person is guilty of unlawful access to a computer in the first degree when he or she, without the effective consent of the owner, knowingly and willfully, directly or indirectly accesses, causes to be accessed, or attempts to access any computer software, computer program, data, computer, computer system, computer network, or any part thereof, for the purpose of: (a) Devising or executing any scheme or artifice to defraud; or (b) Obtaining money, property, or services for themselves or another by means of false or fraudulent pretenses, representations, or promises. (2) Unlawful access to a computer in the first degree is a Class C felony. Effective: July 15, 2002 History: Amended 2002 Ky. Acts ch. 350, sec. 2, effective July 15, 2002. -- Created 1984 Ky. Acts ch. 210, sec. 2, effective July 13, 1984.

KRS 434.850 Unlawful access to a computer in the second degree

434.850. Unlawful access to a computer in the second degree (1) A person is guilty of unlawful access to a computer in the second degree when he or she, without the effective consent of the owner, knowingly and willfully, directly or indirectly accesses, causes to be accessed, or attempts to access any computer software, computer program, data, computer, computer system, computer network, or any part thereof, which results in the loss or damage of three hundred dollars ($300) or more. (2) Unlawful access to a computer in the second degree is a Class D felony. Effective: July 15, 2002 History: Amended 2002 Ky. Acts ch. 350, sec. 3, effective July 15, 2002. -- Created 1984 Ky. Acts ch. 210, sec. 3, effective July 13, 1984.

KRS 434.851 Unlawful access in the third degree

434.851. Unlawful access in the third degree (1) A person is guilty of unlawful access in the third degree when he or she, without the effective consent of the owner, knowingly and willfully, directly or indirectly accesses, causes to be accessed, or attempts to access any computer software, computer program, data, computer, computer system, computer network, or any part thereof, which results in the loss or damage of less than three hundred dollars ($300). (2) Unlawful access to a computer in the third degree is a Class A misdemeanor. Effective: July 15, 2002 History: Created 2002 Ky. Acts ch. 350, sec. 4, effective July 15, 2002.

KRS 434.853 Unlawful access in the fourth degree

434.853. Unlawful access in the fourth degree (1) A person is guilty of unlawful access in the fourth degree when he or she, without the effective consent of the owner, knowingly and willfully, directly or indirectly accesses, causes to be accessed, or attempts to access any computer software, computer program, data, computer, computer system, computer network, or any part thereof, which does not result in loss or damage. (2) Unlawful access to a computer in the fourth degree is a Class B misdemeanor. Effective: July 15, 2002 History: Created 2002 Ky. Acts ch. 350, sec. 5, effective July 15, 2002.

KRS 434.855 Misuse of computer information

434.855. Misuse of computer information (1) A person is guilty of misuse of computer information when he or she: (a) Receives, conceals, or uses, or aids another in doing so, any proceeds of a violation of KRS 434.845; or (b) Receives, conceals, or uses or aids another in doing so, any books, records, documents, property, financial instrument, computer software, computer program, or other material, property, or objects, knowing the same to have been used in or obtained from a violation of KRS 434.845. (2) Misuse of computer information is a Class C felony. Effective: July 15, 2002 History: Amended 2002 Ky. Acts ch. 350, sec. 6, effective July 15, 2002. -- Created 1984 Ky. Acts ch. 210, sec. 4, effective July 13, 1984.

KRS 434.860 Venue

434.860. Venue For the purpose of venue under the provisions of KRS 434.845, 434.850, 434.851, 434.853, or 434.855, any violation of KRS 434.845, 434.850, 434.851, 434.853, or 434.855 shall be considered to have been committed: in any county in which any act was performed in furtherance of any transaction violating KRS 434.845, 434.850, 434.851, 434.853, or 434.855; in any county in which any violator had control or possession of any proceeds of said violation or of any books, records, documents, property, financial instrument, computer software, computer program or other material, objects, or items which were used in furtherance of said violation; and in any county from which, to which or through which any access to a computer, computer system, or computer network was made whether by wires, electromagnetic waves, microwaves, or any other means of communication. Effective: July 15, 2002 History: Amended 2002 Ky. Acts ch. 350, sec. 7, effective July 15, 2002. -- Created 1984 Ky. Acts ch. 210, sec. 5, effective July 13, 1984.

KRS 434.870 Definitions for KRS 434.870 to 434.876

434.870. Definitions for KRS 434.870 to 434.876 As used in KRS 434.870 to 434.876, unless the context otherwise requires: (1) "Financial information" includes but is not limited to any of the following information identifiable to the individual that concerns the amount and conditions of an individual's assets, liabilities, or credit: (a) Account numbers and balances; (b) Transactional information concerning any account; (c) Codes, passwords, Social Security numbers, tax identification numbers, and driver's license numbers; and (d) Information held for the purpose of credit or loan acquisition, account access, or transaction initiation; (2) "Financial information repository" means any person engaged in the business of providing services to customers who have a credit, deposit, trust, stock, or other financial account or relationship with the person; and (3) "Person" means an individual, sole proprietorship, partnership, corporation, limited liability company, association, or any entity however organized and whether or not organized to operate for profit. Effective: July 12, 2006 History: Amended 2006 Ky. Acts ch. 42, sec. 7, effective July 12, 2006. -- Created 2002 Ky. Acts ch. 175, sec. 4, effective July 15, 2002.

KRS 434.872 Disclosure of information from financial information repository -- Penalties

434.872. Disclosure of information from financial information repository -- Penalties (1) No person may obtain or attempt to obtain, or cause to be disclosed or attempt to cause to be disclosed to any person, financial information from a financial information repository by knowingly: (a) Making a false, fictitious, or fraudulent statement or representation to an officer, employee, or agent of a financial information repository with the intent to deceive the officer, employee, or agent into relying on that statement or representation for the purpose of releasing financial information; (b) Making a false, fictitious, or fraudulent statement or representation to a customer of a financial information repository with the intent to deceive the customer into releasing financial information or authorizing the release of such information; or (c) Providing any document to an officer, employee, or agent of a financial information repository, knowing that the document is forged, counterfeit, lost, or stolen, or that the document was fraudulently obtained, or that the document contains a false, fictitious, or fraudulent statement or representation, if such a document is provided with the intent to deceive the officer, employee, or agent into releasing the financial information. (2) Violation of this section is a Class D felony. If the person violating this section is a business that has violated this section on more than one (1) occasion, then that person also violates the Consumer Protection Act, KRS 367.110 to 367.300. Effective: July 15, 2002 History: Created 2002 Ky. Acts ch. 175, sec. 5, effective July 15, 2002.

KRS 434.874 Trafficking in financial information -- Penalties

434.874. Trafficking in financial information -- Penalties (1) A person is guilty of trafficking in financial information when he or she manufactures, sells, transfers, or purchases, or possesses with the intent to manufacture, sell, transfer, or purchase financial information for the purpose of committing any crime. (2) Trafficking in financial information is a Class C felony. If the person violating this section is a business that has violated this section on more than one (1) occasion, then that person also violates the Consumer Protection Act, KRS 367.110 to 367.300. Effective: July 15, 2002 History: Created 2002 Ky. Acts ch. 175, sec. 6, effective July 15, 2002.

KRS 434.876 Application of KRS 434.870 to 434.876

434.876. Application of KRS 434.870 to 434.876 (1) No provision of KRS 434.870 to 434.876 shall be construed to prevent any action by a law enforcement agency, or any officer, employee, or agent of such agency, or any action of an agent of the financial information repository when working in conjunction with a law enforcement agency. (2) KRS 434.870 to 434.876 does not apply to: (a) Efforts by the financial information repository to test security procedures or systems of the financial institution repository for maintaining the confidentiality of customer information; (b) Investigations of alleged financial institution repository employee misconduct or negligence; or (c) Efforts to recover financial or personal information of the financial institution obtained or received by another person in any manner described in KRS 434.872. Effective: July 15, 2002 History: Created 2002 Ky. Acts ch. 175, sec. 7, effective July 15, 2002.
Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=39311Fetched: 10/20/2026

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