{"id":373460,"date":"2016-03-31T21:35:19","date_gmt":"2016-04-01T02:35:19","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/kansas-law\/kansas-identity-theft-laws.html"},"modified":"2016-06-20T19:48:44","modified_gmt":"2016-06-21T00:48:44","slug":"kansas-identity-theft-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/kansas-law\/kansas-identity-theft-laws.html","title":{"rendered":"Kansas Identity Theft Laws"},"content":{"rendered":"\n
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Kansas Identity Theft Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Identity theft is an all too common crime today, especially with vulnerable populations like older adults or adults with intellectual disabilities. Identity theft comes in many shapes and sizes, from someone stealing your driver\u2019s license for something less heinous, like to buy cigarettes or go to a bar, to someone taking your bank card<\/a> information to go on a shopping spree, ruining your good credit.<\/p>\n

The following table details the main Kansas identity theft<\/a> laws that you want to know.<\/p>\n\n
Code Section<\/b><\/td>\nKansas Statutes Section 21-6107: Identity Theft and Identity Fraud<\/a><\/td>\n<\/tr>
What is Prohibited?<\/b><\/td>\nKansas prohibits two forms of identity stealing crimes, identity theft and identity fraud<\/a>.
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\nIdentity theft<\/u> is obtaining, possessing, transferring, using, buying, or selling any personal identifying information (name, birth date, address, phone number, ID numbers, Social Security<\/a> number, e-signatures, passwords, financial access numbers, etc.) belonging to another person, with the intent to either:
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  • Defraud that person or anyone else to receive any benefit<\/li>\n
  • Misrepresent that person to subject that person to economic or bodily harm.<\/li>\n<\/ul>\n

    Identity fraud<\/u> is either:<\/p>\n

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    • Using or supplying information the person knows to be false to get a document containing any personal identifying information OR<\/li>\n
    • Altering, counterfeiting, making, or otherwise replicating any document containing personal identifying information with the intent to deceive<\/li>\n<\/ul>\n<\/td>\n<\/tr>
Penalty<\/b><\/td>\nKansas uses a sentencing grid<\/a> to determine penalties for crimes based on whether it\u2019s a \u201cperson crime\u201d where a person was a victim directly (like robbery<\/a> or rape) or a drug offense and how many priors a defendant has.
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\nIdentity theft and identity fraud is a level 8 non-person, non-drug felony. The sentencing range is 7 to 23 months, based on prior convictions, and the defendants are likely to receive probation<\/a>. In addition, a defendant can be required to pay up to a $100,000 fine<\/a>.
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\nHowever, if the identity theft resulted in more than $100,000 in monetary loss to the victim(s) then it\u2019s a level 5 non-person felony. In this case, the sentence can be about 2.5 years to over 11 years and prison time is likely. A fine of up to $300,000 can be assessed.<\/td>\n<\/tr>
Who Prosecutes?<\/b><\/td>\nThe local prosecutor<\/a>, called either a County Attorney or District Attorney depending on your location.<\/td>\n<\/tr>
Who Can Victims Contact?<\/b><\/td>\nIf you\u2019re a victim of identity theft or fraud, you should file a report at your local police department<\/a>. You can also report the theft to the Kansas Attorney General<\/a> at 1-800-432-2310. You also want to inform any financial institution right away so you don\u2019t owe for unauthorized charges<\/a>.<\/td>\n<\/tr>
Defenses<\/b><\/td>\nSome of the basic defenses<\/a> used in any criminal case could be relevant to an identity theft case, for example, innocence, not enough proof, insanity<\/a>, etc.
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However, the statute says it\u2019s not a defense that the person didn\u2019t know the personal identifying information belonged to another person or that the person it belonged to is dead.<\/p>\n<\/td>\n<\/tr><\/tbody><\/table>\n

The best way to protect yourself from identity theft is to take preventative steps before it can happen. Check out FindLaw\u2019s Consumer Protection<\/a> section for ideas on protecting yourself from all kinds of scams. If you need assistance asserting your consumer rights as a victim or are curious about ways to recover your losses, you may want to speak to a Kansas consumer protection attorney<\/a>.<\/p>\n

Note:<\/i><\/b> State laws, including the ones in Kansas, change constantly. It\u2019s important to verify these state criminal laws by conducting your own legal research or contacting an experienced Kansas criminal defense lawyer<\/a>, especially if you\u2019ve been accused of an identity theft-related crime.<\/i><\/p>\n

Research the Law<\/h2>\n