434.580 Theft -- Receipt of stolen credit, debit, or gift card -- Presumption.

219 words·~1 min read·/ky/chapter-434/434-580

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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, or gift card with intent to use it or to

sell it or to transfer it to a person other than the issuer, the cardholder, or, for a

gift card, the merchant, is:

1. For a credit or debit card, subject to the penalties set forth in KRS

434.730(1); or

2. For a gift card, subject to the penalties set forth in KRS 514.030 for the

face value of the gift card.

(b)Taking a credit, debit, or gift card without consent includes obtaining it by

conduct defined or known as statutory larceny, common-law larceny by

trespassory taking, common-law larceny by trick, embezzlement, or obtaining

property by false pretenses, false promise, or extortion.

(2)A person who has in his or her possession or under his or her control two

(2)or

more credit, debit, or gift cards which have been taken or obtained in violation of

subsection

(1)of this section is presumed to know that the credit, debit, or gift cards

have been so taken or obtained.