What Is KRS 434.845?
KRS 434.845 covers second-degree unlawful access to a computer in Kentucky — sometimes called “computer trespass.” It applies to unauthorized access without intent to defraud or obtain financial benefit. People in Lexington and Louisville face these charges in cases involving casual unauthorized access.
What the Statute Prohibits
A person commits second-degree unlawful access when they intentionally access a computer or system without authorization, but without the aggravating intent required for first-degree access.
Penalties Under KRS 434.845
- Class A misdemeanor: Up to 12 months in jail
- Substantial fines
- Possible restitution
Common Cases
- Logging into ex-partner’s accounts to read messages
- Accessing former employer’s systems out of curiosity
- Reading other people’s files on shared computers
- Bypassing parental controls
Defenses Available
- Authorization (or reasonable belief)
- Lack of intent
- Mistaken identity
- The “computer” wasn’t covered by the statute
Don’t Underestimate Computer Charges
Even misdemeanor computer crimes create permanent records. Call 859-474-0001 — 24/7.
Frequently Asked Questions
How soon should I contact Clark + Harris after being charged in Kentucky?
As soon as possible. Early representation protects your rights during questioning, preserves evidence, and often leads to better outcomes. Call 859-474-0001 — we respond promptly to new inquiries.
Does Clark + Harris represent clients throughout Kentucky?
Yes. We represent clients in all 120 Kentucky counties, both state District and Circuit courts, and federal courts in the Eastern and Western Districts of Kentucky.
What happens during a free consultation with Clark + Harris?
We review the specific charges and evidence, discuss available defenses, explain the likely process in the relevant court, and give you a clear roadmap of next steps — at no cost to you.
Related Resources
If this information applied to your situation, the following Clark + Harris guides may also be helpful:
- KRS 527.050: Possession of an Explosive Device or Material
- KRS 525.100: Public Intoxication in Kentucky
- KRS 218A.140: Prohibited Acts Under Kentucky Drug Law
- KRS 501.020: Mental States in Kentucky Criminal Law
- KRS 189A.103: Blood and Breath Testing Procedures in Kentucky DUI Cases