New Law Increases Dollar Amount of Felony and Misdemeanor

 

Under a new law which went into effect on June 25, 2009, the dollar amount for felony offenses has been increased.

 

A class D felony now requires theft , extortion or damage to property of a minimum of $500, A class C felony now requires $10,000.

 

The following statutes have been amended.

 

KRS 514.030 Theft by unlawful taking or disposition — Penalties.

 

 (1) Except as otherwise provided in KRS 217.181 or 218A.1418, a person is guilty of theft by unlawful taking or disposition when he unlawfully:

(a) Takes or exercises control over movable property of another with intent to deprive him thereof; or

(b) Obtains immovable property of another or any interest therein with intent to benefit himself or another not entitled thereto.

(2) Theft by unlawful taking or disposition is a Class A misdemeanor unless the value of the property is five hundred dollars ($500) or more, in which case it is a Class D felony; or unless:

(a) The property is a firearm (regardless of the value of the firearm), in which case it is a Class D felony;

(b) The property is anhydrous ammonia (regardless of the value of the ammonia), in which case it is a Class D felony unless it is proven that the person violated this section with the intent to manufacture methamphetamine in violation of KRS 218A.1432, in which case it is a Class B felony for the first offense and a Class A felony for each subsequent offense; or

(c) The value of the property is ten thousand dollars ($10,000) or more, in which case it is a Class C felony.

Effective: June 25, 2009

History: Amended 2009 Ky. Acts ch. 106, sec. 6, effective June 25, 2009. — Amended 2000 Ky. Acts ch. 233, sec. 8, effective July 14, 2000. — Amended 1998 Ky. Acts ch. 301, sec. 9, effective July 15, 1998. — Amended 1994 Ky. Acts ch. 314, sec. 2, effective July 15, 1994. – Amended 1992 Ky. Acts ch. 451, sec. 1, effective July 14, 1992. — Created 1974 Ky. Acts ch. 406, sec. 119, effective January 1, 1975.

 

KRS 514.040 Theft by deception.

(1) A person is guilty of theft by deception when the person obtains property or services of another by deception with intent to deprive the person thereof. A person deceives when the person intentionally:

(a) Creates or reinforces a false impression, including false impressions as to law, value, intention, or other state of mind;

(b) Prevents another from acquiring information which would affect judgment of a transaction;

(c) Fails to correct a false impression which the deceiver previously created or reinforced or which the deceiver knows to be influencing another to whom the person stands in a fiduciary or confidential relationship;

(d) Fails to disclose a known lien, adverse claim, or other legal impediment to the enjoyment of property which the person transfers or encumbers in consideration for the property obtained, whether the impediment is or is not valid or is or is not a matter of official record; or

(e) Issues or passes a check or similar sight order for the payment of money, knowing that it will not be honored by the drawee.

(2) The term “deceive” does not, however, include falsity as to matters having no pecuniary significance or puffing by statements unlikely to deceive ordinary persons in the group addressed.

(3) Deception as to a person’s intention to perform a promise shall not be inferred from the fact alone that he did not subsequently perform the promise.

(4) For purposes of subsection (1) of this section, a maker of a check or similar sight order for the payment of money is presumed to know that the check or order, other than a postdated check or order, would not be paid, if:

(a) The maker had no account with the drawee at the time the check or order was issued; or

(b) Payment was refused by the drawee for lack of funds, upon presentation within thirty (30) days after issue, and the maker failed to make good within ten (10) days after receiving notice of that refusal. Notice of the refusal may include a citation to this section and a description of this section’s criminal penalties and shall be deemed properly addressed when mailed to the address printed or written on the check or sight order or provided by the drawer or maker upon issuance of the check or sight order. The notice, if mailed, shall be deemed received by the addressee seven (7) days after it is placed in the United States mail. The notice may be sent by first-class mail if supported by an affidavit of service setting out the contents of the notice, the address to which the notice was mailed, that correct postage was applied, and the date the notice was placed in the United States mail. A maker makes good on a check or similar sight order for the payment of money by paying to the holder the face amount of the instrument, together with any merchant’s posted reasonable bad check handling fee not to exceed fifty dollars ($50) and any fee imposed pursuant to subsection (5) of this section.

(5) If a county attorney issues notice to a maker that a drawee has refused to honor an instrument due to a lack of funds as described in subsection (4)(b) of this section, the county attorney may charge a fee to the maker of fifty dollars ($50), if the instrument is paid. Money paid to the county attorney pursuant to this section shall be used only for payment of county attorney office operating expenses. Excess fees held by the county attorney on June 30 of each year shall be turned over to the county treasurer before the end of the next fiscal year for use by the fiscal court of the county.

(6) A person is guilty of theft by deception when the person issues a check or similar sight order in payment of all or any part of any tax payable to the Commonwealth knowing that it will not be honored by the drawee.

(7) A person is guilty of theft by deception when the person issues a check or similar sight order in payment of all or any part of a child support obligation knowing that it will not be honored by the drawee.

(8) Theft by deception is a Class A misdemeanor unless the value of the property, service, or the amount of the check or sight order referred to in subsection (6) or (7) of this section is:

(a) Five hundred dollars ($500) or more but less than ten thousand dollars ($10,000), in which case it is a Class D felony; or

(b) Ten thousand dollars ($10,000) or more, in which case it is a Class C felony.

Effective: June 25, 2009

History: Amended 2009 Ky. Acts ch. 106, sec. 7, effective June 25, 2009. — Amended 2008 Ky. Acts ch. 84, sec. 1, effective July 15, 2008. — Amended 2005 Ky. Acts ch. 180, sec. 1, effective June 20, 2005. — Amended 2000 Ky. Acts ch. 410, sec. 1, effective July 14, 2000. — Amended 1994 Ky. Acts ch. 330, sec. 21, effective July 15, 1994; and ch. 465, sec. 1, effective July 15, 1994. – Amended 1992 Ky. Acts ch. 434, sec. 5, effective July 14, 1992; and ch. 451, sec. 2, effective July 14, 1992. — Amended 1986 Ky. Acts ch. 207, sec. 1, effective July 15, 1986. — Amended 1982 Ky. Acts ch. 238, sec. 8, effective July 15, 1982; and ch. 305, sec. 1, effective July 15, 1982. — Created 1974 Ky. Acts ch. 406, sec. 120, effective January 1, 1975.

 

 

KRS 514.050 Theft of property lost, mislaid, or delivered by mistake.

 

(1) Except as provided in KRS 365.710, a person is guilty of theft of property lost, mislaid, or delivered by mistake when:

(a) He comes into control of the property of another that he knows to have been lost, mislaid, or delivered under a mistake as to the nature or amount of the property or the identity of the recipient; and

(b) With intent to deprive the owner thereof, he fails to take reasonable measures to restore the property to a person entitled to have it.

(2) Theft of property lost, mislaid, or delivered by mistake is a Class A misdemeanor unless the value of the property is:

(a) Five hundred dollars ($500) or more but less than ten thousand dollars ($10,000), in which case it is a Class D felony; or

(b) Ten thousand dollars ($10,000) or more, in which case it is a Class C felony.

Effective: June 25, 2009

History: Amended 2009 Ky. Acts ch. 106, sec. 8, effective June 25, 2009. — Amended 1992 Ky. Acts ch. 451, sec. 3, effective July 14, 1992. — Created 1974 Ky. Acts ch. 406, sec. 121, effective January 1, 1975.

 

KRS 514.060 Theft of services.

 

(1) A person is guilty of theft of services when:

(a) The person intentionally obtains services by deception or threat or by false token or other means to avoid payment for the services which he knows are available only for compensation;

(b) The person intentionally obtains wireless communications services or access to services by any of the following means:

1. Unauthorized interception of any electronic serial number, mobile identification number, personal identification number, or like identifying number;

2. Unauthorized interception of any cellular service or personal communications service as terms may be defined in 47 C.F.R. parts 22 and 24 respectively;

3. Unauthorized interception of any similar telephone service; or

4. Use of deception, threat, or other means to avoid payment for the services which the person knows are available only for charge or compensation; or

(c) Having control over or unauthorized access to the use of the services of others to which the person is not entitled, the person intentionally diverts the services to the person’s own benefit or the benefit of another not entitled thereto.

(2) Where compensation for services is ordinarily paid immediately upon the rendering of the services, as in the case of hotels and restaurants, refusal to pay or absconding without payment or offer to pay shall be prima facie evidence that the services were obtained by deception as to intention to pay.

(3) In any prosecution for theft of gas, water, electricity, or other public service, where the utility supplying the service had installed a meter or other device to record the amount of service supplied, proof that:

(a) The meter or other device has been altered, tampered with, or bypassed in a manner so as to prevent or reduce the recording thereof; or

(b) Service has been, after having been disconnected by the utility supplying service, reconnected without authorization of the utility shall be prima facie evidence of the intent to commit theft of service by the person or persons obligated to pay for service supplied through the meter or other device.

(4) Theft of services is a Class A misdemeanor unless the value of the service is:

(a) Five hundred dollars ($500) or more but less than ten thousand dollars ($10,000), in which case it is a Class D felony; or

(b) Ten thousand dollars ($10,000) or more, in which case it is a Class C felony.

Effective: June 25, 2009

History: Amended 2009 Ky. Acts ch. 106, sec. 9, effective June 25, 2009. — Amended 1998 Ky. Acts ch. 568, sec. 1, effective July 15, 1998. — Amended 1992 Ky. Acts ch. 451, sec. 4, effective July 14, 1992. — Amended 1980 Ky. Acts ch. 99, sec. 1,

effective July 15, 1980, –Created 1974 Ky. Acts ch. 406, sec. 122, effective January 1, 1975.

 

KRS 514.070 Theft by failure to make required disposition of property.

(1) A person is guilty of theft by failure to make required disposition of property received when:

(a) He obtains property upon agreement or subject to a known legal obligation to make specified payment or other disposition whether from such property or its proceeds or from his own property to be reserved in equivalent amount; and

(b) He intentionally deals with the property as his own and fails to make the required payment or disposition.

(2) The provisions of subsection (1) apply notwithstanding that it may be impossible to identify particular property as belonging to the victim at the time of the actor’s failure to make the required payment or disposition.

(3) An officer or employee of the government or of a financial institution is presumed:

(a) To know any legal obligation relevant to his criminal liability under this section; and

(b) To have dealt with the property as his own when:

1. He fails to account or pay upon lawful demand; or

2. An audit reveals a shortage or falsification of accounts.

(4) Theft by failure to make required disposition of property received is a Class A misdemeanor unless the value of the property is:

(a) Five hundred dollars ($500) or more but less than ten thousand dollars ($10,000), in which case it is a Class D felony; or

(b) Ten thousand dollars ($10,000) or more, in which case it is a Class C felony.

(5) No person shall be convicted of theft by failure to make required disposition of property received when he or she has also been convicted of a violation of KRS 522.050 arising out of the same incident.

Effective: June 25, 2009

History: Amended 2009 Ky. Acts ch. 106, sec. 10, effective June 25, 2009. — Amended 2003 Ky. Acts ch. 76, sec. 2, effective June 24, 2003. — Amended 1992 Ky. Acts ch. 451, sec. 5, effective July 14, 1992. — Created 1974 Ky. Acts ch. 406, sec. 123, effective January 1, 1975.

 

 

KRS 514.080 Theft by extortion.

 

(1) A person is guilty of theft by extortion when he intentionally obtains property of another by threatening to:

(a) Inflict bodily injury on anyone or commit any other criminal offense; or

(b) Accuse anyone of a criminal offense; or

(c) Expose any secret tending to subject any person to hatred, contempt, or ridicule, or to impair his credit or business repute; or

(d) Use wrongfully his position as a public officer or servant or employee by performing some act within or related to his official duties, either expressed or implied, or by refusing or omitting to perform an official duty, either expressed or implied, in a manner affecting some person adversely; or

(e) Bring about or continue a strike, boycott, or other collective unofficial action, if the property is not demanded or received for the benefit of the group in whose interest the actor purports to act; or

(f) Testify or provide information or withhold testimony or information with respect to another’s legal claim or defense.

(2) It is a defense to prosecution based on subsection (1)(b), (c), or (d) that the property obtained by threat of accusation, exposure, lawsuit, or other invocation of official action was claimed as restitution or indemnification for harm done in the circumstances to which accusation, exposure, lawsuit, or other official action relates, or as compensation for property or lawful services.

(3) Theft by extortion is a Class A misdemeanor unless the value of the property obtained is:

(a) Five hundred dollars ($500) or more but less than ten thousand dollars ($10,000), in which case it is a Class D felony; or

(b) Ten thousand dollars ($10,000) or more, in which case it is a Class C felony.

Effective: June 25, 2009

History: Amended 2009 Ky. Acts ch. 106, sec. 11, effective June 25, 2009. — Amended 1992 Ky. Acts ch. 451, sec. 6, effective July 14, 1992. — Created 1974 Ky. Acts ch. 406, sec. 124, effective January 1, 1975.

 

 

KRS 514.090 Theft of labor already rendered.

 

(1) A person is guilty of theft of labor already rendered when, in payment of labor already rendered by another, he intentionally issues or passes a check or similar sight order for the payment of money, knowing that it will not be honored by the drawee.

(2) For purposes of subsection (1) of this section, an issuer of a check or similar sight order for the payment of money is presumed to know that the check or order, other than a postdated check or order, would not be paid, if:

(a) The issuer had no account with the drawee at the time the check or order was issued; or

(b) Payment was refused by the drawee for lack of funds, upon presentation within thirty days (30) after issue, and the issuer failed to make good within ten (10) days after receiving notice of that refusal.

(3) Theft of labor already rendered is a Class A misdemeanor unless the value of the labor rendered is:

(a) Five hundred dollars ($500) or more but less than ten thousand dollars ($10,000), in which case it is a Class D felony; or

(b) Ten thousand dollars ($10,000) or more, in which case it is a Class C felony.

Effective: June 25, 2009

History: Amended 2009 Ky. Acts ch. 106, sec. 12, effective June 25, 2009. — Amended 1992 Ky. Acts ch. 451, sec. 7, effective July 14, 1992. — Created 1974 Ky. Acts ch. 406, sec. 125, effective January 1, 1975.

 

 

KRS 514.110 Receiving stolen property.

(1) A person is guilty of receiving stolen property when he receives, retains, or disposes of movable property of another knowing that it has been stolen, or having reason to believe that it has been stolen, unless the property is received, retained, or disposed of with intent to restore it to the owner.

(2) The possession by any person of any recently stolen movable property shall be prima facie evidence that such person knew such property was stolen.

(3) Receiving stolen property is a Class A misdemeanor unless:

(a) The value of the property is five hundred dollars ($500) or more but less than ten thousand dollars ($10,000), in which case it is a Class D felony;

(b) The value of the property is ten thousand dollars ($10,000) or more, in which case it is a Class C felony;

(c) The property is a firearm, regardless of the value of the firearm, in which case it is a Class D felony; or

(d) The property is anhydrous ammonia, regardless of the value of the ammonia, in which case it is a Class D felony unless it is proven that the person violated this section with the intent to manufacture methamphetamine in violation of KRS 218A.1432, in which case it is a Class B felony for the first offense and a Class A felony for each subsequent offense.

Effective: June 25, 2009

History: Amended 2009 Ky. Acts ch. 106, sec. 13, effective June 25, 2009. — Amended 2000 Ky. Acts ch. 233, sec. 9, effective July 14, 2000; and ch. 490, sec. 2, effective July 14, 2000. — Amended 1994 Ky. Acts ch. 314, sec. 1, effective July 15, 1994; and ch. 396, sec. 9, effective July 15, 1994. — Created 1974 Ky. Acts ch. 406, sec. 127, effective January 1, 1975.

 

KRS 514.120 Obscuring identity of machine or other property.

(1) A person is guilty of obscuring the identity of a machine or other property when he or she:

(a) Removes, defaces, covers, alters, destroys, or otherwise obscures the manufacturer’s serial number or any other distinguishing identification number or mark, including property marked with a Social Security number or motor vehicle operator’s license number for identification purposes, upon any automobile or other propelled vehicle, machine, or electrical or mechanical device, or other property, including any part thereof, with intent to render it or other property unidentifiable; or

(b) Possesses any automobile or other propelled vehicle, machine, or electrical or mechanical device, or other property, including any part thereof, knowing that the serial number or other identification number or mark, including property marked with a Social Security number for identification purposes, has been removed, defaced, covered, altered, destroyed, or otherwise obscured.

(2) Possession of any automobile or other propelled vehicle, machine, or electrical or mechanical device, or other property, including any part thereof, on which the serial number or any other distinguishing identification number or mark, including property marked with a Social Security number or motor vehicle operator’s license number for identification purposes, has been removed, defaced, covered, altered, destroyed, or otherwise obscured is prima facie evidence of knowledge of that fact.

(3) A person in possession of any property which is otherwise in violation of this section may apply in writing to the Department of Kentucky State Police, through any law enforcement agency in the county of his or her residence, for assignment of a number for the property providing he or she can show that he or she is the lawful owner of the property pursuant to the provisions of this section and KRS 16.200 and 500.090. If a number is issued in conformity with the provisions of this section and KRS 16.200 and 500.090, then the person to whom it was issued and any person to whom the property is lawfully disposed of shall not be in violation of these sections. A person lawfully holding a certification issued pursuant to KRS 500.090 shall also be deemed in compliance with this section. This section shall apply only when the application has been filed by the defendant prior to arrest or authorization of a warrant of arrest for the defendant by a court.

(4) Obscuring the identity of a machine or other property is a Class A misdemeanor unless the value of the property is:

(a) Five hundred dollars ($500) or more but less than ten thousand dollars ($10,000), in which case it is a Class D felony; or

(b) Ten thousand dollars ($10,000) or more, in which case it is a Class C felony.

Effective: June 25, 2009

History: Amended 2009 Ky. Acts ch. 106, sec. 14, effective June 25, 2009. — Amended 2007 Ky. Acts ch. 85, sec. 327, effective June 26, 2007. — Amended 1992 Ky. Acts ch. 451, sec. 8, effective July 14, 1992. — Amended 1980 Ky. Acts ch. 267, sec. 5, effective July 15, 1980. — Amended 1978 Ky. Acts ch. 78, sec. 4, effective June 17, 1978. — Created 1974 Ky. Acts ch. 406, sec. 128, effective January 1, 1975.

 

 

KRS 434.650 Fraudulent use — Presumption as to knowledge of revocation.

 

(1) 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:

(a) 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 knows is forged, expired, or revoked; or

(b) Obtains money, goods, services, or anything else of value by representing without consent of the cardholder that he is the holder of a specified card or by representing that he is the holder of a card and such card has not in fact been issued; or

(c) 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 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; or

(d) Deposits into his 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 lawful or legal property, is guilty of a Class A misdemeanor, if 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 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.

(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 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 at the address set forth on the credit or debit card or at his 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 25, 2009

History: 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.

(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 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.

(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 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. 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.

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.

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 434.690 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 A misdemeanor, if 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 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.

(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 25, 2009

History: 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.

 

 

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