Identity Theft

Identity Theft is a felony charge in Kansas. As you can imagine, this crime is taken very seriously by the prosecutors, due to its political nature. In fact, the Johnson County District Attorney's Office in Olathe, KS won't even consider a diversion for this crime, even if the defendant has a clean criminal history record. Identity theft is commonly charged when a credit card is stolen and used without authorization.

The following is the Kansas statute for identity theft. Kansas Statute 21-4018

K.S.A. 21-4018. Identity theft; identity fraud .(a) Identity theft is obtaining, possessing, transferring, using, selling or purchasing any personal identifying information, or document containing the same, belonging to or issued to another

person, with the intent to defraud that person, or any one else, in order to receive any benefit.

(b) Identity fraud is:

(1) Using or supplying information the person knows to be false in order to obtain a document containing any

personal identifying information; or

(2) altering, amending, counterfeiting, making, manufacturing or otherwise replicating any document containing

personal identifying information with the intent to deceive.

(A) Severity level 8, nonperson felony, except as provided in subsection (c)(1)(B); and

(B) severity level 5, nonperson felony if the monetary loss to the victim or victims is more than $100,000.

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

(d) It is not a defense that the person did not know that such personal identifying information belongs to another

person, or that the person to whom such personal identifying information belongs or was issued is deceased.

(e) As used in this section "personal identifying information" includes, but is not limited to, the following:

(1) Name;

(2) birth date;

(3) address;

(4) telephone number;

(5) drivers license number or card or non-drivers identification number or card;

(6) social security number or card;

(7) place of employment;

(8) employee identification numbers or other personal identification numbers or cards;

(9) mother's maiden name;

(10) birth, death or marriage certificates;

(11) electronic identification numbers;

(12) electronic signatures; and

(13) any financial number, or password that can be used to access a person's financial resources, including, but not

limited to, checking or savings accounts, credit or debit card information, demand deposit or medical information.

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

When it comes to Kansas criminal defense, our law firm delivers a high level of quality, care and personal attention. We realize the charges you face may be tough, and we are well prepared to aggressively defend you. If you need a Kansas criminal defense lawyer, we possesses the experience and qualifications required to win your case. We will fight for your freedom. If you are dealing with a criminal charge, such as identity theft, contact us to speak with an experienced Kansas identity theft charges, criminal defense attorney.