Kentucky Statutes 434.697 – Phishing
Current as of: 2024 | Check for updates
|
Other versions
(1) For purposes of this section:
(a) “Electronic mail message” means a message sent to a unique destination that consists of a unique user name or mailbox and a reference to an Internet domain, whether or not displayed, to which the message can be sent or delivered; and
For details, see § 532.060
(b) “Identifying information” means specific details that can be used to access a person’s financial accounts or to obtain goods or services, including but not limited to the person’s Social Security number, driver’s license number, bank account number, credit or debit card number, personal identification number, automated or electronic signature, unique biometric data, or account password.
(2) A person is guilty of phishing if he or she knowingly or intentionally solicits, requests, or takes any action to induce another person to provide identifying information by means of a Web page, electronic mail message, or otherwise using the Internet, by representing himself or herself either directly or by implication, to be a third person without the authority or approval of such other person.
(3) In any prosecution for a violation of this section, the Commonwealth is not required to establish, and it is no defense that:
(a) A person other than the defendant who violated this section has not been convicted, apprehended, or identified; or
(b) Some of the acts constituting a violation of this section did not occur in Kentucky or were not a criminal offense or elements of a criminal offense where they did occur.
(4) Phishing is a Class D felony.
Effective: June 25, 2009
History: Created 2009 Ky. Acts ch. 100, sec. 12, effective June 25, 2009.
(a) “Electronic mail message” means a message sent to a unique destination that consists of a unique user name or mailbox and a reference to an Internet domain, whether or not displayed, to which the message can be sent or delivered; and
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 434.697
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
(b) “Identifying information” means specific details that can be used to access a person’s financial accounts or to obtain goods or services, including but not limited to the person’s Social Security number, driver’s license number, bank account number, credit or debit card number, personal identification number, automated or electronic signature, unique biometric data, or account password.
(2) A person is guilty of phishing if he or she knowingly or intentionally solicits, requests, or takes any action to induce another person to provide identifying information by means of a Web page, electronic mail message, or otherwise using the Internet, by representing himself or herself either directly or by implication, to be a third person without the authority or approval of such other person.
(3) In any prosecution for a violation of this section, the Commonwealth is not required to establish, and it is no defense that:
(a) A person other than the defendant who violated this section has not been convicted, apprehended, or identified; or
(b) Some of the acts constituting a violation of this section did not occur in Kentucky or were not a criminal offense or elements of a criminal offense where they did occur.
(4) Phishing is a Class D felony.
Effective: June 25, 2009
History: Created 2009 Ky. Acts ch. 100, sec. 12, effective June 25, 2009.