Chapter 21: Crimes And Punishments


Article 40: Crimes Involving Violations Of Personal Rights

Statute 21-4018: Identity theft; identity fraud. (a) Identity theft is knowingly and with intent to defraud for any benefit, obtaining, possessing, transferring, using or attempting to obtain, possess, transfer or use, one or more identification documents or personal identification number of another person other than that issued lawfully for the use of the possessor.

      (b)   "Identification documents" has the meaning provided in K.S.A. 21-3830, and amendments thereto.

      (c)   Except as provided further, identity theft is a severity level 8, nonperson felony. If the monetary loss to the victim or victims is more than $100,000, identity theft is a severity level 5, nonperson felony.

      (d)   Identity fraud is:

      (1)   Willfully and knowingly supplying false information intending that the information be used to obtain an identification document;

      (2)   making, counterfeiting, altering, amending or mutilating any identification document:

      (A)   Without lawful authority; and

      (B)   with the intent to deceive; or

      (3)   willfully and knowingly obtaining, possessing, using, selling or furnishing or attempting to obtain, possess or furnish to another for any purpose of deception an identification document.

      (e)   Identity fraud is a severity level 8, nonperson felony.

      (f)   This section shall be part of and supplemental to the Kansas criminal code.

      History:   L. 1998, ch. 179, § 1; L. 2000, ch. 181, § 8; L. 2005, ch. 131, § 2; L. 2006, ch. 149, § 6; July 1.