Commonwealth v. Shirley
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The Supreme Court affirmed the decision of the court of appeals reversing the judgment of the circuit court denying Defendant a directed verdict on the charge against her of unlawful access to a computer in the first-degree, holding that Ky. Rev. Stat. 434.840(9)(d) refers to a computer-related purpose.
At issue was whether Defendant's act of exchanging the barcodes on two items she purchased with barcodes on two less expensive items and then using the self-scanner at Walmart to purchase the two more expensive items for less than what she should have paid based on the prices at which the items were offered for sale justified conviction for unlawful access to a computer in the first degree. The Supreme Court affirmed the circuit court's denial of a directed verdict on the unlawful access to a computer charge, holding that the term "purpose" in section 434.840(9)(d) refers to an unauthorized computer-related purpose, rather than a broader fraudulent purpose.
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