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434.697 Phishing.
(1)
(2)
(3)
(4)
For purposes of this section:
(a) "Electronic mail message" means a message sent to a unique destination that
consists of a unique user name or mailbox and a reference to an Internet
domain, whether or not displayed, to which the message can be sent or
delivered; and
(b) "Identifying information" means specific details that can be used to access a
person's financial accounts or to obtain goods or services, including but not
limited to the person's Social Security number, driver's license number, bank
account number, credit or debit card number, personal identification number,
automated or electronic signature, unique biometric data, or account
password.
A person is guilty of phishing if he or she knowingly or intentionally solicits,
requests, or takes any action to induce another person to provide identifying
information by means of a Web page, electronic mail message, or otherwise using
the Internet, by representing himself or herself either directly or by implication, to
be a third person without the authority or approval of such other person.
In any prosecution for a violation of this section, the Commonwealth is not required
to establish, and it is no defense that:
(a) A person other than the defendant who violated this section has not been
convicted, apprehended, or identified; or
(b) Some of the acts constituting a violation of this section did not occur in
Kentucky or were not a criminal offense or elements of a criminal offense
where they did occur.
Phishing is a Class D felony.
Effective: June 25, 2009
History: Created 2009 Ky. Acts ch. 100, sec. 12, effective June 25, 2009.
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