Kentucky Statutes 517.130 – Possession of automated business record falsification device
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(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:
For details, see § 532.060
(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.
(2) Possession of an automated business record falsification device is a Class D felony. (3) In addition to any other penalty provided by law:
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 |
Terms Used In Kentucky Statutes 517.130
- Business record: means any writing or article kept or maintained by an enterprise for the purpose of evidencing or reflecting its condition or activity. See Kentucky Statutes 517.010
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
(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.