.650 Fraudulent use -- Presumption as to knowledge of revocation.
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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 does not exceed one
hundred dollars ($100) in any six (6) month period; and is guilty of a Class D felony
if such value exceeds one hundred dollars ($100) in any six (6) month period.
(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: July 14, 1992
History: 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.