Kentucky Revised Statutes

Ky. Rev. Stat. § 434.851 (2026)

Unlawful access in the third degree

✓ current as of May 2026

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(1) A person is guilty of unlawful access in the third 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 less than three hundred dollars ($300). (2) Unlawful access to a computer in the third degree is a Class A misdemeanor. Effective: July 15, 2002 History: Created 2002 Ky. Acts ch. 350, sec. 4, effective July 15, 2002.

Notes of Decisions

Cited in 2 cases (2 in the last 5 years), 2021–2022 · leading case: Chasity Shirley v. Commonwealth of Kentucky (Ky. Ct. App. 2021).

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Chasity Shirley v. Commonwealth of Kentucky (Ky. Ct. App. 2021). · cites it 3× “850 penalizing a loss or damage of $300 or more as a -5- Class D felony, KRS 434.851 penalizing a loss or damage of less than $300 as a Class A misdemeanor, and KRS 434.”

Commonwealth of Kentucky v. Chasity Shirley (Ky. 2022). · cites it 3× “4 degree (same);3 4) KRS 434.851 Unlawful access in the third degree (codified in 2002);4 5) KRS 434.”

— Ky. Rev. Stat. § 434.851(1) — 1 case

Chasity Shirley v. Commonwealth of Kentucky (Ky. Ct. App. 2021). “850 penalizing a loss or damage of $300 or more as a -5- Class D felony, KRS 434.851 penalizing a loss or damage of less than $300 as a Class A misdemeanor, and KRS 434.”

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