Identity theft is a crime which can take many different forms. Sometimes, an action which you think is legal is actually identity theft. On the other hand, something which may appear to be identity theft may be a legal activity. Read on to learn more about identity theft, and about the Kansas laws which apply to people who are accused of committing it.
The crime of identity theft does not necessarily mean that a person has tried to steal someone else’s entire identity and impersonate them. That is one way in which identity theft happens, but it is not the only activity which qualifies as identity theft. Personal identifying information is at the heart of any identity theft case. There are many types of identifying information, including basic things like name, address, telephone number, social security number, and driver’s license number. Other details like employment information, social media usernames and passwords, and bank account passwords are also pieces of personal identifying information which may be used during the commission of identity theft. Documents like driver’s licenses, identification cards, birth certificates, and death certificates may also be used to commit identity theft.
The State of Kansas defines the crime of identity theft as the act of obtaining, possessing, transferring, using, selling, or buying another person’s identifying information for the purpose of either using that information to defraud someone else or for the purpose of misrepresenting or impersonating someone, causing them to suffer bodily or economic harm. In Kansas, identity theft also includes activities like making and selling fake IDs, or obtaining copies of vital records by supplying false information.
In Kansas, identity theft is a felony and penalties are determined by a grid system. The factors which affect where an individual’s actions will register on the felony grid include how much financial damage the victim suffered as a result of the identity theft, as well as whether the offender has had any prior convictions of any kind. In addition to the penalties on the felony grid, individuals who are convicted of identity theft may be required to pay restitution for the harm that they caused, as well as any costs that the victim had to incur in order to fix their credit history and pay their attorney.
An important part of Kansas’s identity theft law is that it may not be used to prosecute anyone who is under the age of twenty one. This means that some fairly common situations, such as using someone else’s ID to buy alcohol or tobacco, will not result in felony prosecution under the identity theft law. It does not mean that the act of lending an underage person your ID or using someone else’s ID to buy alcohol will go unpunished. Anyone who is under the age of twenty one who provides false identification in order to obtain alcohol, or who lets a minor borrow their ID so that they may obtain alcohol, may be charged with a class B misdemeanor. The penalty for a first offense of this nature is a fine of $200 to $250 and at least one hundred hours of community service.
If you have been accused of identity theft, you owe it to yourself to seek the aid of a knowledgeable Kansas criminal defense attorney. A skilled Kansas Criminal Defense Attorney is your best ally for avoiding conviction whenever possible, and for minimizing the impact of a conviction on your life if conviction cannot be avoided. To learn more about how a Kansas criminal defense attorney can help you, please call the Wichita office of Cummings & Cummings, LLC today at (316) 264-1548.