Kentucky Statutes 525.085 – Dissemination of personally identifying information
Current as of: 2024 | Check for updates
|
Other versions
(1) For the purposes of this section:
(a) “Dissemination” means electronically publishing, posting, or otherwise disclosing information to a public Internet site or public forum;
For details, see § 532.060 and § 532.090
(b) “Household member” means a person who regularly resides in the household or who within the six (6) months preceding the conduct of the offense regularly resided in the household;
(c) “Immediate family member” means a parent, grandparent, spouse, child, stepchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, sibling, brother-in-law, sister-in-law, or grandchild; and
(d) “Personally identifying information” means information that identifies or reasonably can be used to identify an individual, including but not limited to:
1. Social Security number or other government-issued identifier;
2. Date of birth;
3. Home or physical address;
4. Electronic-mail address or telephone number;
5. Financial account number or credit or debit card number;
6. Biometric, health, or medical data, or insurance information; or
7. School or employment locations.
(2) A person is guilty of disseminating personally identifying information about another person when, with the intent to intimidate, abuse, threaten, harass, or frighten a person who resides in the Commonwealth, he or she:
(a) Intentionally disseminates the personally identifying information of the person or a person’s immediate family member or household member; and
(b) The dissemination would cause a reasonable person to be in fear of physical injury to himself or herself, or to his or her immediate family member or household member.
(3) This section shall apply to electronic communications originating within or accessible within the Commonwealth.
(4) Disseminating personally identifying information is a Class A misdemeanor, unless the dissemination results in:
(a) Physical injury to the victim or to a victim’s immediate family member or household member, in which case it is a Class D felony;
(b) Serious physical injury to the victim or to a victim’s immediate family member or household member, in which case it is a Class C felony; or
(c) Death of the victim or of a victim’s immediate family member or household member, in which case it is a Class B felony.
(5) Nothing in this section shall be construed to impose liability on a broadband Internet access service provider, a telecommunications service provider, an interconnected VoIP provider, or a mobile service provider as defined in 47 U.S.C. § 153, a commercial mobile service provider as defined in 47 U.S.C. § 332(d),
or a cable operator as defined in 47 U.S.C. § 522, when acting in its capacity as a provider of those services.
Effective: June 29, 2021
History: Created 2021 Ky. Acts ch. 199, sec. 1, effective June 29, 2021.
(a) “Dissemination” means electronically publishing, posting, or otherwise disclosing information to a public Internet site or public forum;
Attorney's Note
Under the Kentucky Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class B felony | between 10 and 20 years | between $1,000 and $10,000 |
| Class C felony | between 5 and 10 years | between $1,000 and $10,000 |
| Class D felony | between 1 and 5 years | between $1,000 and $10,000 |
| Class A misdemeanor | up to 12 months | up to $500 |
Terms Used In Kentucky Statutes 525.085
- Public: means affecting or likely to affect a substantial group of persons. See Kentucky Statutes 525.010
(b) “Household member” means a person who regularly resides in the household or who within the six (6) months preceding the conduct of the offense regularly resided in the household;
(c) “Immediate family member” means a parent, grandparent, spouse, child, stepchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, sibling, brother-in-law, sister-in-law, or grandchild; and
(d) “Personally identifying information” means information that identifies or reasonably can be used to identify an individual, including but not limited to:
1. Social Security number or other government-issued identifier;
2. Date of birth;
3. Home or physical address;
4. Electronic-mail address or telephone number;
5. Financial account number or credit or debit card number;
6. Biometric, health, or medical data, or insurance information; or
7. School or employment locations.
(2) A person is guilty of disseminating personally identifying information about another person when, with the intent to intimidate, abuse, threaten, harass, or frighten a person who resides in the Commonwealth, he or she:
(a) Intentionally disseminates the personally identifying information of the person or a person’s immediate family member or household member; and
(b) The dissemination would cause a reasonable person to be in fear of physical injury to himself or herself, or to his or her immediate family member or household member.
(3) This section shall apply to electronic communications originating within or accessible within the Commonwealth.
(4) Disseminating personally identifying information is a Class A misdemeanor, unless the dissemination results in:
(a) Physical injury to the victim or to a victim’s immediate family member or household member, in which case it is a Class D felony;
(b) Serious physical injury to the victim or to a victim’s immediate family member or household member, in which case it is a Class C felony; or
(c) Death of the victim or of a victim’s immediate family member or household member, in which case it is a Class B felony.
(5) Nothing in this section shall be construed to impose liability on a broadband Internet access service provider, a telecommunications service provider, an interconnected VoIP provider, or a mobile service provider as defined in 47 U.S.C. § 153, a commercial mobile service provider as defined in 47 U.S.C. § 332(d),
or a cable operator as defined in 47 U.S.C. § 522, when acting in its capacity as a provider of those services.
Effective: June 29, 2021
History: Created 2021 Ky. Acts ch. 199, sec. 1, effective June 29, 2021.