434.650 Fraudulent use -- Presumption as to knowledge of revocation.
717 words·~3 min read·
/ky/chapter-434/434-650A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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
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.