(1) A person is guilty of unlawful access to a computer in the second degree when he or
she, without the effective consent of the owner, knowingly and willfully, directly or
indirectly accesses, causes to be accessed, or attempts to access any computer
software, computer program, data, computer, computer system, computer network,
or any part thereof, which results in the loss or damage of three hundred dollars
($300) or more.
(2) Unlawful access to a computer in the second degree is a Class D felony.
Effective: July 15, 2002
History: Amended 2002 Ky. Acts ch. 350, sec. 3, effective July 15, 2002. -- Created
1984 Ky. Acts ch. 210, sec. 3, effective July 13, 1984.
Notes of Decisions
Cited in
5
cases (
2 in the last 5 years), 2001–2022 · leading case:
Posey v. Commonwealth, 185 S.W.3d 170 (Ky. 2006).
Posey v. Commonwealth, 185 S.W.3d 170 (Ky. 2006).
· cites it 2× “990(3), computer hacking, KRS 434.850, and 434.855, gambling, KRS 528.”
Commonwealth v. Cocke, 58 S.W.3d 891 (Ky. Ct. App. 2001).
· cites it 2× “The Commonwealth argues that while KRS 434.850 (Unlawful Access to a Computer in the Second Degree) contains the language that the access or attempt must be “without authorization,” the legislature intended to leave said language out of KRS 434.”
Day v. Commonwealth, 367 S.W.3d 616 (Ky. Ct. App. 2012).
“Both the Appellant and the Appellee contend Day was convicted of second-degree unlawful access to a computer under KRS 434.850. However, a careful review of the record reveals Day was, in fact, convicted of first-degree unlawful access to a computer under KRS 434.”
Commonwealth of Kentucky v. Chasity Shirley (Ky. 2022).
· cites it 4× “845 Unlawful access to a computer in the first degree (same);2 3) KRS 434.850 Unlawful access to a computer in the second 1 Former Justice Venters, serving as a special judge after the prior judge left the circuit court, entered the final judgment and sentence.”
Chasity Shirley v. Commonwealth of Kentucky (Ky. Ct. App. 2021).
· cites it 2× “Second, third, and fourth degree unlawful access specifically link the amount of “loss or damage” incurred to the penalty, with KRS 434.850 penalizing a loss or damage of $300 or more as a -5- Class D felony, KRS 434.”
— Ky. Rev. Stat. § 434.850(1) — 1 case
Chasity Shirley v. Commonwealth of Kentucky (Ky. Ct. App. 2021).
“Second, third, and fourth degree unlawful access specifically link the amount of “loss or damage” incurred to the penalty, with KRS 434.850 penalizing a loss or damage of $300 or more as a -5- Class D felony, KRS 434.”
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