{"data":{"id":"us-ky/krs-514.065","jurisdiction":"us-ky","citation":"KRS 514.065","heading":"Possession, use, or transfer of device for theft of telecommunications","body":"services.\n(1) As used in this section, \"telecommunications service\" means any communication\nservice ordinarily provided for a charge or compensation to facilitate the\norigination, transmission, emission, or reception of signs, signals, writings, images,\nsounds, or intelligence of any nature by telephone, including but not limited to\ncellular and personal communications service, as terms may be defined in 47 C.F.R.\nparts 22 and 24, r espectively, telephones, wire, radio, electromagnetic,\nphotoelectronic, or photooptical systems, but excluding cable television services,\neven if provided by a telephone utility.\n(2) A person is guilty of possession, use, or transfer for use of a device fo r theft of\ntelecommunications services when the person:\n(a) Makes, assembles, or possesses any instrument, apparatus, equipment, or\ndevice designed, modified, altered, programmed, reprogrammed, or otherwise\nadapted for or used for commission of a theft of telecommunications services\nin violation of KRS 514.060; or\n(b) Sells, gives, transports, or otherwise transfers to another, or offers or\nadvertises to sell, give, or otherwise transfer any instrument, apparatus,\nequipment, or device described in paragraph (a) of this subsection, or plans or\ninstructions for making or assembling the same under circumstances evincing\nan intent to use or employ the instrument, apparatus, equipment, or device, or\nto allow the same to be used or employed, for a purpose describe d in\nparagraph (a) of this subsection, or knowing or having reason to believe that\nthe same is intended to be so used, or that the aforesaid plans or instructions\nare intended to be used for making or assembling the instrument, apparatus,\nequipment, or device.\n(3) An instrument, apparatus, equipment or device described in paragraph (a) of\nsubsection (2) of this section shall not include any instrument, apparatus,\nequipment, or device authorized or approved or otherwise permitted by an agency of\nthe federal government or the Commonwealth of Kentucky.\n(4) Possession, use, or transfer for use of a device for theft of telecommunications\nservices is a Class A misdemeanor unless the defendant has previously been\nconvicted of violating this section, in which case it is a Class D felony.\n(5) Notwithstanding any other provision of this chapter, any instrument, apparatus,\nequipment, or device designed, modified, altered, programmed, reprogrammed, or\notherwise adapted for or used for commission of a theft of telecommuni cations\nservice in violation of KRS 514.060, may be seized under warrant or incident to a\nlawful arrest for the violation of KRS 514.060, and, upon the conviction of any\nperson for a violation, the court shall order any instrument, apparatus, equipment,\ndevice, or plans or instructions for making or assembling them forfeited to the state\nor destroyed in accordance with KRS 500.090(1)(a), or if requested by the person\nproviding the telecommunications service in the territory in which they were seized,\nturned over to the telecommunications service provider.","path":["KRS Chapter 514"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=19808","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T21:00:02Z","sha256":"fca0acefa65fa433431edabfb38dca979d459295140f53100556f4f83bd8e743","source_id":"us-ky","stale":false,"prev":"us-ky/krs-514.060","next":"us-ky/krs-514.070"},"notice":"GroundRules: Original legal text. Not legal advice."}