517.130 Possession of automated business record falsification device. (1) A person is guilty of possession of an automated business record falsification device when he or she knowingly possesses any device or software program that falsifies the business records created by a point-of-sale system, such as any electronic device or computer system that keeps a register or supporting documents designed to record retail sales transaction information, by eliminating or manipulating true retail sales transaction information in order to represent a false record of transactions. These devices may also be referred to as "zappers" or "phantom-ware." (2) Possession of an automated business record falsification device is a Class D felony. (3) In addition to any other penalty provided by law: (a) Any person guilty of possession of an automated business record falsification device shall forfeit all proceeds associated with its creation, sale, or usage; and (b) An automated business record falsification device, and any device containing an automated business record falsification device, is contraband and shall be seized and forfeited to the state to be disposed of as provided in KRS 500.090. Effective: July 15, 2014 History: Created 2014 Ky. Acts ch. 9, sec. 1, effective July 15, 2014.
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