Title XL, Crimes and Punishments

and Kentucky Heritage Council. (1) In addition to the written permission of the owner required by KRS 433.873(1), a person shall also obtain a permit from the state archaeologist prior to excavating or removing any archaeological, paleontological, prehistoric or historic feature …

It shall be unlawful for any person to sell or offer for sale any speleothems in this Commonwealth, export them for sale outside the Commonwealth, or import speleothems into the Commonwealth for sale.

(1) Neither the owner of a cave nor his authorized agents acting within the scope of their authority shall be liable for injuries sustained by any person using the cave for recreational or scientific purposes if no charge has been made for the use of the cave, notwithstanding tha…

(1) Any violation of KRS 433.873 to 433.877 or 433.879(1) shall be punished as a Class A misdemeanor. (2) Any violation of KRS 433.879(3) or 433.881 shall be punished as a Class B misdemeanor.

Penalty. (1) A person is guilty of failure to maintain a register of metals and objects containing metal when the person fails or refuses to: (a) Obtain the information required by KRS 433.890; (b) Enter a report into the LeadsOnline database as required by KRS 433.920; (c) Keep …

(1) A person is guilty of unlawful acts relating to purchase or disposition of metals when the person: (a) Violates any provision of KRS 433.890 other than the recordkeeping provisions; or (b) Purchases or sells copper telecommunication wire in any form or any metal property clea…

(1) A person is guilty of providing fraudulent identification for the sale of metals when the person provides to any person required to keep a record of the purchase of metals pursuant to KRS 433.890: (a) A false name or other information required to be disclosed; (b) A false, fr…

As used in KRS 433.900 to 433.925, unless the context otherwise requires: (1) "Applicant" means a secondary metals recycler seeking an application for a license with the commission. If the secondary metals recycler is owned by a corporation, limited liability company, partnership…

A person shall not engage or attempt to engage in business in this Commonwealth as a secondary metals recycler unless licensed in accordance with KRS 433.900 to 433.925.

recycler -- Cash transactions prohibited -- Payment to be made by check -- Daily reports to sheriff and police -- Confidentiality of information -- Proof of ownership of restricted metals -- Applicability. (1) (a) A secondary metals recycler shall not enter into any cash transact…

of stolen restricted metals, ferrous metals, and nonferrous metals -- Change in contact information to be reported to commission. (1) A secondary metals recycler shall maintain at its place of business, or otherwise have immediate access to, an email address, facsimile, or other …

Annual renewal -- License to be displayed. (1) An applicant for licensure as a secondary metals recycler shall file a written application under oath on a form provided by the commission. An applicant who owns more than one (1) secondary metals recycling location shall file an app…

(1) The commission shall oversee, manage, and enforce all penalties and disciplinary actions related to violations committed by secondary metals recyclers. The commission may coordinate with local law enforcement agencies to ensure compliance with KRS 433.900 to 433.925. (2) The …

(1) A license issued by the commission may be revoked or suspended by the commission, subject to appeal pursuant to KRS Chapter 13B, for the following reasons: (a) Fraud, misrepresentation, or false statement contained in the license application; (b) Fraud, misrepresentation, or …

(1) The commission shall monitor the LeadsOnline database, which shall serve as the centralized database for reports by secondary metals recyclers of any metals transactions containing the information required under KRS 433.920, to ensure compliance with the reporting requirement…

A secondary metals recycler shall at all times maintain in a prominent place in its place of business a notice in two (2) inch lettering that states the secondary metals recycler's usual business hours and includes the following language: "A PERSON ATTEMPTING TO SELL ANY REGULATE…

and opportunity for hearing -- Secondary metals recycler not to purchase or receive from any person listed on registry. (1) A law enforcement agency shall provide to each secondary metals recycler within the agency's jurisdiction a searchable electronic list of persons convicted …

records -- Exclusions. (1) Every recycler, dealer in junk or metals, dealer in secondhand articles, vendor of bottles or rags, collector of or dealer in articles found in ashes, garbage, or other refuse, whether such dealers, collectors, or vendors have established places of busi…

By June 1, 2027, and June 1 of each year thereafter, the commission shall submit a report to the Legislative Research Commission for referral to the Interim Joint Committees on Judiciary and Licensing, Occupations, and Administrative Regulations, which includes but is not limited…

The commission shall promulgate administrative regulations in accordance with KRS Chapter 13A to implement KRS 433.900 to 433.925. Copies of the administrative regulations shall be made available on the commission's website and in the offices of the commission.

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…