KRS § 434.650 — KY Code / Title XL / Chapter 434 / Section 434.650
434.650 Fraudulent use -- Presumption as to knowledge of revocation
Status: in_force

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 misdemeanor;

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 Class 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.