State Codes and Statutes

Statutes > Kansas > Chapter21 > Article38 > Statutes_11972

21-3830

Chapter 21.--CRIMES AND PUNISHMENTS
PART II.--PROHIBITED CONDUCT
Article 38.--CRIMES AFFECTING GOVERNMENTAL FUNCTIONS

      21-3830.   Dealing in false identification documents;vital records identity fraud related to birth, death, marriage, and divorcecertificates.(a) Dealing in false identification documents is reproducing, manufacturing,selling or offering for sale any identification document which:

      (1)   Simulates, purports to be or is designed so as to cause others reasonablyto believe it to be an identification document; and

      (2)   bears a fictitious name or other false information.

      (b)   As used in this section, "identification document" means any card,certificate or document or banking instrument including, but not limited to,credit or debit card, which identifies or purports to identify the bearerof such document, whether or not intended for use as identification, andincludes, but is not limited to, documents purporting to be drivers' licenses,nondrivers' identification cards, certified copies of birth, death,marriage and divorce certificates, social security cards and employeeidentification cards.

      (c)   Dealing in false identification documents is a severity level8, nonperson felony.

      (d)   Vital records identity fraud related to birth, death, marriage anddivorce certificates is:

      (1)   Willfully and knowingly supplying false information intending that theinformation be used to obtain a certified copy of a vital record;

      (2)   making, counterfeiting, altering, amending or mutilating any certifiedcopy of a vital record:

      (A)   Without lawful authority; and

      (B)   with the intent to deceive; or

      (3)   willfully and knowingly obtaining, possessing, using, selling orfurnishing or attempting to obtain, possess or furnish to another for anypurpose of deception a certified copy of a vital record.

      (e)   Vital records identity fraud is a severity level 8, nonperson felony.

      (f)   The prohibitions in subsections (a) and (b) do not apply to:

      (1)   A person less than 21 years of age who uses the identification documentof another person to acquire an alcoholic beverage, as defined in K.S.A.8-1599, and amendments thereto;

      (2)   a person less than 18 years of age who uses the identification documentsof another person to acquire:

      (A)   Cigarettes or tobacco products, as defined in K.S.A. 79-3301, andamendments thereto;

      (B)   a periodical, videotape or other communication medium that contains ordepicts nudity;

      (C)   admittance to a performance, live or film, that prohibits the attendanceof the person based on age; or

      (D)   an item that is prohibited by law for use or consumption by such person.

      (g)   This section shall be part of and supplemental to the Kansas criminalcode.

      History:   L. 1979, ch. 87, § 1; L. 1983, ch. 32, § 5;L. 1986, ch. 125, § 1;L. 1992, ch. 239, § 172;L. 1993, ch. 291, § 121;L. 2005, ch. 131, § 1; July 1.

State Codes and Statutes

Statutes > Kansas > Chapter21 > Article38 > Statutes_11972

21-3830

Chapter 21.--CRIMES AND PUNISHMENTS
PART II.--PROHIBITED CONDUCT
Article 38.--CRIMES AFFECTING GOVERNMENTAL FUNCTIONS

      21-3830.   Dealing in false identification documents;vital records identity fraud related to birth, death, marriage, and divorcecertificates.(a) Dealing in false identification documents is reproducing, manufacturing,selling or offering for sale any identification document which:

      (1)   Simulates, purports to be or is designed so as to cause others reasonablyto believe it to be an identification document; and

      (2)   bears a fictitious name or other false information.

      (b)   As used in this section, "identification document" means any card,certificate or document or banking instrument including, but not limited to,credit or debit card, which identifies or purports to identify the bearerof such document, whether or not intended for use as identification, andincludes, but is not limited to, documents purporting to be drivers' licenses,nondrivers' identification cards, certified copies of birth, death,marriage and divorce certificates, social security cards and employeeidentification cards.

      (c)   Dealing in false identification documents is a severity level8, nonperson felony.

      (d)   Vital records identity fraud related to birth, death, marriage anddivorce certificates is:

      (1)   Willfully and knowingly supplying false information intending that theinformation be used to obtain a certified copy of a vital record;

      (2)   making, counterfeiting, altering, amending or mutilating any certifiedcopy of a vital record:

      (A)   Without lawful authority; and

      (B)   with the intent to deceive; or

      (3)   willfully and knowingly obtaining, possessing, using, selling orfurnishing or attempting to obtain, possess or furnish to another for anypurpose of deception a certified copy of a vital record.

      (e)   Vital records identity fraud is a severity level 8, nonperson felony.

      (f)   The prohibitions in subsections (a) and (b) do not apply to:

      (1)   A person less than 21 years of age who uses the identification documentof another person to acquire an alcoholic beverage, as defined in K.S.A.8-1599, and amendments thereto;

      (2)   a person less than 18 years of age who uses the identification documentsof another person to acquire:

      (A)   Cigarettes or tobacco products, as defined in K.S.A. 79-3301, andamendments thereto;

      (B)   a periodical, videotape or other communication medium that contains ordepicts nudity;

      (C)   admittance to a performance, live or film, that prohibits the attendanceof the person based on age; or

      (D)   an item that is prohibited by law for use or consumption by such person.

      (g)   This section shall be part of and supplemental to the Kansas criminalcode.

      History:   L. 1979, ch. 87, § 1; L. 1983, ch. 32, § 5;L. 1986, ch. 125, § 1;L. 1992, ch. 239, § 172;L. 1993, ch. 291, § 121;L. 2005, ch. 131, § 1; July 1.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter21 > Article38 > Statutes_11972

21-3830

Chapter 21.--CRIMES AND PUNISHMENTS
PART II.--PROHIBITED CONDUCT
Article 38.--CRIMES AFFECTING GOVERNMENTAL FUNCTIONS

      21-3830.   Dealing in false identification documents;vital records identity fraud related to birth, death, marriage, and divorcecertificates.(a) Dealing in false identification documents is reproducing, manufacturing,selling or offering for sale any identification document which:

      (1)   Simulates, purports to be or is designed so as to cause others reasonablyto believe it to be an identification document; and

      (2)   bears a fictitious name or other false information.

      (b)   As used in this section, "identification document" means any card,certificate or document or banking instrument including, but not limited to,credit or debit card, which identifies or purports to identify the bearerof such document, whether or not intended for use as identification, andincludes, but is not limited to, documents purporting to be drivers' licenses,nondrivers' identification cards, certified copies of birth, death,marriage and divorce certificates, social security cards and employeeidentification cards.

      (c)   Dealing in false identification documents is a severity level8, nonperson felony.

      (d)   Vital records identity fraud related to birth, death, marriage anddivorce certificates is:

      (1)   Willfully and knowingly supplying false information intending that theinformation be used to obtain a certified copy of a vital record;

      (2)   making, counterfeiting, altering, amending or mutilating any certifiedcopy of a vital record:

      (A)   Without lawful authority; and

      (B)   with the intent to deceive; or

      (3)   willfully and knowingly obtaining, possessing, using, selling orfurnishing or attempting to obtain, possess or furnish to another for anypurpose of deception a certified copy of a vital record.

      (e)   Vital records identity fraud is a severity level 8, nonperson felony.

      (f)   The prohibitions in subsections (a) and (b) do not apply to:

      (1)   A person less than 21 years of age who uses the identification documentof another person to acquire an alcoholic beverage, as defined in K.S.A.8-1599, and amendments thereto;

      (2)   a person less than 18 years of age who uses the identification documentsof another person to acquire:

      (A)   Cigarettes or tobacco products, as defined in K.S.A. 79-3301, andamendments thereto;

      (B)   a periodical, videotape or other communication medium that contains ordepicts nudity;

      (C)   admittance to a performance, live or film, that prohibits the attendanceof the person based on age; or

      (D)   an item that is prohibited by law for use or consumption by such person.

      (g)   This section shall be part of and supplemental to the Kansas criminalcode.

      History:   L. 1979, ch. 87, § 1; L. 1983, ch. 32, § 5;L. 1986, ch. 125, § 1;L. 1992, ch. 239, § 172;L. 1993, ch. 291, § 121;L. 2005, ch. 131, § 1; July 1.