Kentucky Statutes 434.630 – False making or embossing of credit or debit card — Possession of two or more falsely made or embossed cards — Definitions
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(1) A person who, with intent to defraud a purported issuer, a participating party, a person or organization providing money, goods, services, or anything else of value, or any other person, falsely makes or falsely embosses a purported credit or debit card, or utters such a credit or debit card or possesses such a credit or debit card with knowledge that such credit or debit card has been falsely made or falsely embossed is guilty of a Class D felony.
(2) A person other than the purported issuer who possesses two (2) or more credit or debit cards which are falsely made or falsely embossed is presumed to possess the same with knowledge that they have been falsely embossed or falsely made and with the intent to defraud.
For details, see § 532.060
(3) A person “falsely makes” a credit or debit card when he makes or draws, in whole or in part, a device or instrument which purports to be the credit or debit card of a named issuer but which is not such a credit or debit card because the issuer did not authorize the making or drawing, or alters a credit or debit card which was validly issued. A person “falsely embosses” a credit or debit card when, without the authorization of the named issuer, he completes a credit or debit card by adding any of the matter, other than the signature of the cardholder, which an issuer requires to appear on the credit or debit card before it can be used by a cardholder.
Effective: July 14, 1992
History: Amended 1992 Ky. Acts ch. 463, sec. 54, effective July 14, 1992. — Amended
1978 Ky. Acts ch. 67, sec. 9, effective June 17, 1978. — Created 1970 Ky. Acts ch.
83, sec. 9.
(2) A person other than the purported issuer who possesses two (2) or more credit or debit cards which are falsely made or falsely embossed is presumed to possess the same with knowledge that they have been falsely embossed or falsely made and with the intent to defraud.
Attorney's Note
Under the Kentucky Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class D felony | between 1 and 5 years | between $1,000 and $10,000 |
(3) A person “falsely makes” a credit or debit card when he makes or draws, in whole or in part, a device or instrument which purports to be the credit or debit card of a named issuer but which is not such a credit or debit card because the issuer did not authorize the making or drawing, or alters a credit or debit card which was validly issued. A person “falsely embosses” a credit or debit card when, without the authorization of the named issuer, he completes a credit or debit card by adding any of the matter, other than the signature of the cardholder, which an issuer requires to appear on the credit or debit card before it can be used by a cardholder.
Effective: July 14, 1992
History: Amended 1992 Ky. Acts ch. 463, sec. 54, effective July 14, 1992. — Amended
1978 Ky. Acts ch. 67, sec. 9, effective June 17, 1978. — Created 1970 Ky. Acts ch.
83, sec. 9.