434.580 Theft -- Receipt of stolen credit or debit card -- Presumption. (1) A person who takes a credit or debit card from the person, possession, custody or control of another without the consent of the cardholder or of the issuer or who, with knowledge that it has been so taken, receives the credit or debit card with intent to use it or to sell it or to transfer it to a person other than the issuer or the cardholder is guilty of a misdemeanor and is subject to the penalties set forth in subsection (1) of KRS 434.730. Taking a credit or debit card without consent includes obtaining it by conduct defined or known as statutory larceny, common- law larceny by trespassory taking, common-law larceny by trick, embezzlement, or obtaining property by false pretenses, false promise or extortion. (2) A person who has in his possession or under his control two (2) or more credit or debit cards which have been taken or obtained in violation of subsection (1) of this section is presumed to know that the credit or debit cards have been so taken or obtained. Effective: June 17, 1978 History: Amended 1978 Ky. Acts ch. 67, sec. 4, effective June 17, 1978. -- Created 1970 Ky. Acts ch. 83, sec. 4.
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