Kansas Identity Theft and Fraud Laws Explained

Kansas treats identity theft and identity fraud as serious felony crimes. These laws are designed to protect individuals from misuse of their personal information and to require businesses to act responsibly when that information is compromised. This guide explains how Kansas defines these offenses, the penalties involved, what victims can do, and how organizations must respond to data breaches.

Overview of Identity Theft and Identity Fraud in Kansas

Under Kansas law, identity-related crimes are primarily addressed in K.S.A. 21-6107, which defines both identity theft and identity fraud and specifies their criminal penalties. Additionally, separate provisions in Chapter 50 of the Kansas Statutes make certain identity-related conduct an unconscionable act or practice under consumer protection law.

• Identity theft focuses on the misuse of existing personal identifying information to obtain benefits or cause harm.
• Identity fraud focuses on creating or using false or altered documents containing personal information.
• Identity-related conduct can also violate the Kansas Consumer Protection Act when used against consumers.

Together, these provisions allow Kansas authorities to pursue criminal charges, enforce consumer rights, and address data breaches involving personal information.

What Counts as “Personal Identifying Information”?

The statutes do not list every possible item of personal data, but the concept of personal identifying information is broad and generally includes information that can identify, locate, or impersonate an individual.

Examples of personal identifying information commonly involved in identity cases include:

• Full name
• Social Security number
• Date of birth
• Driver’s license or state ID number
• Financial account numbers (bank accounts, credit cards)
• Debit card or credit card information
• Health insurance or other benefits identification numbers
• Address and previous addresses

When this information is used, obtained, transferred, or altered with fraudulent intent, Kansas law may classify the conduct as identity theft or identity fraud.

Legal Definition of Identity Theft in Kansas

Kansas law defines identity theft as a crime involving the misuse of another person’s personal identifying information or documents. The central elements are the handling of someone else’s data and the intent behind that conduct.

Core Elements of Identity Theft

According to K.S.A. 21-6107, identity theft occurs when a person does any of the following with personal identifying information or documents belonging to another person:

• Obtains
• Possesses
• Transfers
• Uses
• Sells
• Purchases

These actions become criminal when they are done with the intent to:

• Defraud that person, or anyone else, in order to receive any benefit; or
• Misrepresent that person in order to subject that person to economic or bodily harm.

The law emphasizes the intent to defraud or cause harm, which distinguishes identity theft from accidental or authorized use of personal information.

Important Legal Clarifications

Kansas statutes make clear that certain common defenses cannot be used to avoid responsibility for identity theft:

• It is not a defense that the accused did not know the information belonged to another person.
• It is not a defense that the person whose data was used is deceased.

These provisions reflect the legislature’s intent to strongly deter misuse of personal data, regardless of whether the offender knows the living status or identity of the victim.

Legal Definition of Identity Fraud in Kansas

Identity fraud is a related but distinct offense, also covered in K.S.A. 21-6107. Rather than focusing on using someone’s existing data, identity fraud centers on creating, obtaining, or altering documents involving personal information.

Core Elements of Identity Fraud

Identity fraud involves two primary types of conduct:

• Using or providing false information to obtain a document that contains personal identifying information.
• Altering, amending, counterfeiting, manufacturing, or replicating a document containing personal identifying information with the intent to deceive.

For example, submitting false personal details to obtain a driver’s license or creating a counterfeit ID card to mislead others would fall under identity fraud.

Felony Classification and Sentencing Levels

Both identity theft and identity fraud are treated as felony offenses in Kansas. The severity of the felony can vary based on the financial impact of the crime.

As a severity level 8 nonperson felony, identity theft or identity fraud can result in imprisonment and significant fines, with punishment influenced by the Kansas sentencing guidelines and the offender’s criminal history. When losses exceed $100,000, the higher severity level can lead to substantially longer potential prison terms.

Identity Theft as a Consumer Protection Violation

In addition to criminal penalties, Kansas law recognizes identity-related misconduct as an unconscionable consumer practice in certain contexts. The statute at K.S.A. 50-6,139 links the conduct prohibited under the identity theft and identity fraud criminal law to consumer protection enforcement.

This means that:

• Identity theft and identity fraud can form the basis for actions under the Kansas Consumer Protection Act.
• The Attorney General may pursue enforcement against those who engage in such conduct targeting consumers.
• Victims may have additional civil remedies beyond criminal prosecution, depending on the circumstances.

By treating identity misuse as both a criminal and consumer protection issue, Kansas broadens the tools available to address and deter these behaviors.

Data Breach Duties for Businesses and Organizations

Kansas also regulates how businesses, governmental bodies, and other entities must respond when they experience a data breach involving personal information of Kansas residents. While these provisions are separate from K.S.A. 21-6107, they are closely related to identity protection and consumer rights.

Key Responsibilities After a Data Breach

When a breach occurs that exposes personal information, Kansas law requires covered entities to take specific actions:

• Investigate the incident to determine whether personal information has been misused or is reasonably likely to be misused.
• Notify affected Kansas residents in the most expedient time possible, consistent with the needs of law enforcement and any security measures.
• Collaborate with law enforcement to determine if notification should be delayed to avoid compromising a criminal investigation.
• Notify nationwide consumer reporting agencies if more than 1,000 consumers must be informed at once.

These requirements are intended to give potential victims timely information and tools to protect themselves from subsequent identity theft or fraud.

Practical Steps for Identity Theft Victims in Kansas

If you suspect that your identity has been compromised, swift action can reduce financial damage and help law enforcement. The Kansas Attorney General and federal agencies provide clear recommendations for victims of identity theft.

Immediate Actions to Take

• Contact your financial institutions immediately and alert them to suspicious activity.
• Place a fraud alert on your credit files with one of the major credit bureaus (Equifax, Experian, TransUnion). The bureau you contact is required to notify the others.
• Monitor your credit reports and account statements closely for unauthorized transactions.
• Report the incident to the Federal Trade Commission through IdentityTheft.gov.
• File complaints with relevant state agencies, such as the Kansas Attorney General’s Office, if appropriate.

Tax-Related Identity Theft

Tax identity theft occurs when someone uses a stolen Social Security number to file a fraudulent tax return and claim a refund. The Internal Revenue Service (IRS) recommends specific steps if you suspect tax-related identity theft:

• Respond promptly to any IRS notices or letters and follow the instructions provided.
• Complete IRS Form 14039, Identity Theft Affidavit, if your electronic return is rejected because of a duplicate filing or if the IRS instructs you to do so.
• Continue to file your tax returns and pay taxes, even if you must temporarily use paper filing.
• Contact the IRS Identity Protection specialized assistance line if previous contacts have not resolved the issue.

Preventive Measures to Reduce Identity Theft Risk

While no strategy can eliminate the risk entirely, following common security practices recommended by federal and state agencies can significantly reduce your chances of becoming a victim.

Personal Security Practices

• Use security software with firewall and antivirus protection on your devices.
• Create strong, unique passwords and enable multi-factor authentication where available.
• Learn to recognize and avoid phishing emails, fraudulent calls, and suspicious texts claiming to be from banks, credit card companies, or government agencies such as the IRS.
• Do not click on links or open attachments from unknown or suspicious sources.
• Limit the amount of personal information you share on social media or untrusted websites.

Protecting Children’s Information

Kansas allows parents or legal guardians to request a security freeze on the credit reports of children under a specified age, helping prevent identity misuse before they become adults. This can be a valuable tool for families concerned about data breaches or unauthorized use of a child’s Social Security number.

Rights and Remedies for Kansas Consumers

When identity theft or fraud occurs, Kansas consumers may have multiple avenues for relief, combining criminal enforcement, consumer protection actions, and private remedies.

• Criminal prosecution of offenders under K.S.A. 21-6107 for identity theft or identity fraud.
• Consumer protection enforcement by the Attorney General for unconscionable practices involving identity misuse.
• Civil claims in appropriate cases, such as lawsuits for damages related to unauthorized use of personal information.
• Credit monitoring and fraud alerts through major credit bureaus to prevent further harm.
• Assistance from state and federal agencies, including guidance, complaint processes, and specialized support for victims.

Frequently Asked Questions About Kansas Identity Theft Laws

Is identity theft always a felony in Kansas?

Yes. Under K.S.A. 21-6107, identity theft is classified as a nonperson felony, typically at severity level 8, and elevated to severity level 5 when the victim or victims suffer more than $100,000 in monetary loss.

How is identity theft different from identity fraud?

Identity theft involves obtaining, using, or transferring another person’s existing personal identifying information with intent to defraud or cause harm. Identity fraud focuses on using false information to obtain identity documents or altering, counterfeiting, or manufacturing such documents with intent to deceive.

Do I have to know the victim personally to be charged?

No. Kansas law explicitly states that it is not a defense that the offender did not know the personal identifying information belonged to another person, or that the person is deceased.

What should I do if a company informs me of a data breach?

If you receive notice that your information was involved in a data breach, you should monitor your accounts closely, place fraud alerts or security freezes on your credit files, and consider reporting suspicious activity to the appropriate authorities and the Federal Trade Commission.

Can businesses be penalized for mishandling identity information?

Yes. Businesses that fail to take appropriate actions following a data breach or engage in unconscionable practices related to identity misuse may face enforcement under Kansas consumer protection law. They may also be exposed to civil claims and reputational harm.

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Author

Sneha TeteBeauty & Lifestyle Writer

 

Sneha is a relationships and lifestyle writer with a strong foundation in applied linguistics and certified training in relationship coaching. She brings over five years of writing experience to waytolegal,  crafting thoughtful, research-driven content that empowers readers to build healthier relationships, boost emotional well-being, and embrace holistic living.

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