{"data":{"id":"us-ky/krs-434.650","jurisdiction":"us-ky","citation":"KRS 434.650","heading":"Fraudulent use -- Presumption as to knowledge of revocation.","body":"(1) (a) A person who, with intent to defraud the issuer, a participating party, a person\nor organization providing money, goods, services, or anything else of value,\nor any other person:\n1. Uses for the purpose of obtaining money, goods, services, or anything\nelse of value a credit or debit card obtained or retained in violation of\nKRS 434.570 to 434.650, or any of such sections, or a credit or debit\ncard which he or she knows is forged, expired, or revoked;\n2. Obtains money, goods, services, or anything else of value by\nrepresenting without consent of the cardholder that he or she is the\nholder of a specified card or by representing that he or she is the holder\nof a card and such card has not in fact been issued;\n3. Uses a credit or debit card obtained or retained in violation of KRS\n434.570 to 434.650, or any of such sections, or a credit or debit card\nwhich he or she knows is forged, expired, or revoked, as authority or\nidentification to cash or attempts to cash or otherwise negotiate or\ntransfer a check or other order for payment of money, whether or not\nnegotiable, if said negotiation or transfer or attempt to negotiate or\ntransfer would constitute a crime under KRS 514.040 or 516.030;\n4. Deposits into his or her account or any account, via an automated\nbanking device, a false, fictitious, forged, altered, or counterfeit check,\ndraft, money order, or any other such document not his or her lawful or\nlegal property; or\n5. Obtains a gift card or gift card redemption information from a\ncardholder, issuer, or merchant by means of false or fraudulent\npretenses, representations, or promises;\nis guilty as provided in paragraph (b) of this subsection.\n(b) The penalty for violating paragr aph (a) of this subsection is a Class B\nmisdemeanor unless:\n1. The value of all money, goods, services, or other things of value\nobtained in violation of this section over a six (6) month period is five\nhundred dollars ($500) or more but is less than one thousand dollars\n($1,000), in which case it is a Class A misdemeanor;\n2. The value of all money, goods, services, or other things of value\nobtained in violation of this section over a six (6) month period is one\nthousand dollars ($1,000) or more but is less than ten thousand dollars\n($10,000), in which case it is a Class D felony;\n3. The person has three (3) or more convictions under subparagraph 1. of\nthis paragraph within the last five (5) years, in which case it is a Class D\nfelony. The five (5) year period shall be measured from the dates on\nwhich the offenses occurred for which the judgments of conviction were\nentered; or\n4. The value of all money, goods, services, or other things of value\nobtained in violation of this section over a six (6) month period is ten\nthousand dollars ($10,000) or more, in which case it is a Class C felony.\n(2) A person who receives money, goods, services, or anything else of value as a result\nof a false, fictitious, forged, altered, or counterfeit check, draft, money order, or any\nother such document having been deposited into an account v ia an automated\nbanking device, knowing at the time of receipt of the money, goods, services, or\nitem of value that the document so deposited was false, fictitious, forged, altered, or\ncounterfeit or that the above described deposited item was not his or h er lawful or\nlegal property, violates this subsection and is subject to the penalties set forth in\nsubsection (1) of this section.\n(3) Knowledge of revocation shall be presumed to have been received by a cardholder\nfour (4) days after it has been mailed to  him or her at the address set forth on the\ncredit or debit card or at his or her last known address by registered or certified\nmail, return receipt requested, and, if the address is more than five hundred (500)\nmiles from the place of mailing, by air mail . If the address is located outside the\nUnited States, Puerto Rico, the Virgin Islands, the Canal Zone, and Canada, notice\nshall be presumed to have been received ten (10) days after mailing by registered or\ncertified mail.","path":["KRS Chapter 434"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=56139","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:49Z","sha256":"119909b1be4dd9e74907cc2916494a1a7737ec07c45e5d416fb70e632e9b71f2","source_id":"us-ky","stale":false,"prev":"us-ky/krs-434.640","next":"us-ky/krs-434.655"},"notice":"GroundRules: Original legal text. Not legal advice."}