Title XL, Crimes and Punishments

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 exten…

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.

(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 intentio…

- 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)…

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 c…

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 cu…

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 gui…

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.

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 …

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 …

(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 acad…

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 pub…

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 sel…

KRS 434.550 to 434.730 may be cited as the Credit and Debit Card Crime Act.

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 …

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…

(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,…

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 pe…

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.

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 sub…

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.

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 p…

(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 p…

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 o…

(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 cred…

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 o…

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 organi…

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 fi…

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…

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 ca…

(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 d…

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 a…

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 …

(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) "Ide…

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 ac…

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…

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…

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 incons…

(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 offe…

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 …

(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, …

(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,…

(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…

(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, compute…

(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, proper…

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 …

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 …

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 representat…

(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 f…

(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…