KentuckyHB 2642026 Regular SessionHouse

AN ACT relating to theft by deception.

Sponsored By: Marianne Proctor (Republican)

Signed by Governor

Corrections ImpactCrimes And PunishmentsLandlord And TenantLocal MandatePropertyReal Estate

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 0 benefits, 3 costs, 1 mixed.

No bad checks for taxes or support

It is a crime to pay any Kentucky tax with a check you know will not be honored. It is also a crime to do the same for child support. These rules back up collection of taxes owed and support payments.

Penalties rise with loss amount

Penalties depend on the amount taken. Under $500 is a Class B misdemeanor. $500–$999 is a Class A misdemeanor. $1,000–$9,999 is a Class D felony. $10,000 or more is a Class C felony. Three or more such misdemeanor convictions in the last five years become a Class D felony. During a declared emergency in the area, charges go up one level. Separate offenses within 90 days can be combined to set the level.

What counts as theft by deception

The law makes it a crime to get property or services by deception, with intent to deprive. Deception includes making or keeping a false impression, hiding key facts, failing to correct a false impression in a trusted relationship, not disclosing a known lien or claim, or passing a check you know will bounce. It does not include simple sales talk or lies that have no money value. Not doing what you promised, by itself, is not proof of deception.

Rules and fees for bounced checks

If you wrote a check with no account, or it bounced for lack of funds within 30 days and you do not fix it in 10 days after notice, it is presumed you knew it would not be paid. This presumption does not apply to a postdated check. Mailed notice to the address on the check counts as received after seven days and may be sent by first‑class mail with an affidavit of service. You can cure it by paying the face amount plus any posted merchant fee up to $50, and any $50 county attorney fee if notice was issued and you later pay; that fee supports county attorney office costs. Listing property for sale, lease, or rent without legal title or authority is also presumed deceptive.

Sponsors & Cosponsors

Sponsor

Marianne Proctor
Republican • House

Cosponsors

Chris Lewis
Republican • House
Daniel Grossberg
Democrat • House
David Meade
Republican • House
Emily Callaway
Republican • House
Richard White
Republican • House
Steve Bratcher
Republican • House
Walker Thomas
Republican • House

Roll Call Votes

All Roll Calls

Yes: 131 • No: 0

Senate vote • 3/31/2026

3rd reading, passed

Yes: 38 • No: 0

House vote • 2/13/2026