K.S.A. » Chapter 21
Kansas Statutes Annotated

K.S.A. § 21-6107 (2026)

Identity theft; identity fraud

✓ current as of May 2026
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21-6107. 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:

(1) Defraud that person, or anyone else, in order to receive any benefit; or

(2) misrepresent that person in order to subject that person to economic or bodily harm.

(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;

(c) (1) Identity theft is a:

(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:

(1) "Personal electronic content" means the electronically stored content of an individual including, but not limited to, pictures, videos, emails and other data files;

(2) "personal identifying information" includes, but is not limited to, the following:

(A) Name;

(B) birth date;

(C) address;

(D) telephone number;

(E) driver's license number or card or nondriver's identification number or card;

(F) social security number or card;

(G) place of employment;

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

(I) mother's maiden name;

(J) birth, death or marriage certificates;

(K) electronic identification numbers;

(L) electronic signatures;

(M) 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; and

(N) passwords, usernames or other log-in information that can be used to access a person's personal electronic content, including, but not limited to, content stored on a social networking website; and

(3) "social networking website" means a privacy-protected internet website which allows individuals to construct a public or semi-public profile within a bounded system created by the service, create a list of other users with whom the individual shares a connection within the system and view and navigate the list of users with whom the individual shares a connection and those lists of users made by others within the system.

History: L. 2010, ch. 136, § 177; L. 2011, ch. 30, § 46; L. 2013, ch. 96, § 4; July 1.

Notes of Decisions
Cited in 22 cases (14 in the last 5 years), 2015–2025 · leading case: State v. Valdiviezo-Martinez, 486 P.3d 1256 (Kan. 2021).
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State v. Valdiviezo-Martinez, 486 P.3d 1256 (Kan. 2021). · cites it 17× “An employee can commit identity theft, as defined in K.S.A. 2012 Supp. 21-6107, by using the social security number of another to deceive an employer and induce the employer to rely on the deception and provide employment and its benefits.”
Kansas v. Garcia, 140 S. Ct. 791 (2020). “" Kan. Stat. Ann. § 21-6107 (a)(1). "[P]ersonal identifying information" includes, among other things, a person's name, birth date, driver's license number, and Social Security number.”
State v. Ochoa-Lara, 362 P.3d 606 (Kan. Ct. App. 2015). · cites it 2× “21-4018 was repealed and replaced by K.S.A. 2011 Supp. 21-6107. As such, count 1 of the amended complaint covered conduct prior to July 1, 2011, and count 2 covered conduct post July 1, 2011.”
State v. Euler, 492 P.3d 1147 (Kan. 2021). · cites it 8× “The State charged Euler with identity theft under K.S.A. 2020 Supp. 21-6107. The relevant statutory language is in subsection (a)(1).”
Keller v. Bank of Am., N.A., 228 F. Supp. 3d 1247 (D. Kan. 2017). · cites it 2× “Schaulis, No. 07-4014-RDR, 2007 WL 1054277 , at *1 (D.”
State v. Jordan, 537 P.3d 443 (Kan. 2023). “This act occurred on or about the 7th day of November, 2019, in Shawnee County, Kansas." (Emphasis added.”
State v. Ochoa-Lara, 476 P.3d 791 (Kan. 2020). “The first motion argued that Count I should be dismissed because it alleged that Ochoa-Lara committed identity theft under K.S.A. 2011 Supp. 21-6107 on dates before that statute became effective as part of the recodification of the criminal code.”
In re Wrongful Conviction of Warsame, 563 P.3d 1281 (Kan. 2025). · cites it 2× “Here, Warsame's vacated felonies were for identity theft under K.S.A. 21-6107(a)(1), which criminalizes "obtaining, possessing, transferring, using, selling or purchasing any personal identifying information .”
Wright v. Midway Logistics LLC (D. Kan. 2022). · cites it 15× “found in K.S.A. § 21-6107. That section makes clear that the conduct prohibited by § 21-6107 “constitutes an unconscionable act or practice in violation of K.”
Jordan v. Wichita, Kansas, City of (D. Kan. 2023). · cites it 9× “Kan. Stat. Ann. § 21-6107 (a). Also, the statute defines “identity fraud” as “altering, amending, counterfeiting, making, manufacturing or otherwise replicating any document containing personal identifying information with the intent to deceive[.”
State v. Euler (Kan. 2021). · cites it 8× “The State charged Euler with identity theft under K.S.A. 2020 Supp. 21-6107. The relevant statutory language is in subsection (a)(1).”
State v. Rivera-Rodriguez (Kan. Ct. App. 2021). · cites it 7× “Though the previous version of the statute was repealed pursuant to the 2011 recodification of the Kansas Criminal Code and recodified to its current designation as K.S.A. 2020 Supp. 21-6107, our court's analysis of the specific language at issue is persuasive.”
Show all 22 citing cases →
— K.S.A. § 21-6107(a) — 7 cases
State v. Valdiviezo-Martinez, 486 P.3d 1256 (Kan. 2021). “An employee can commit identity theft, as defined in K.S.A. 2012 Supp. 21-6107, by using the social security number of another to deceive an employer and induce the employer to rely on the deception and provide employment and its benefits.”
State v. Euler, 492 P.3d 1147 (Kan. 2021). “The State charged Euler with identity theft under K.S.A. 2020 Supp. 21-6107. The relevant statutory language is in subsection (a)(1).”
Wright v. Midway Logistics LLC (D. Kan. 2022). “found in K.S.A. § 21-6107. That section makes clear that the conduct prohibited by § 21-6107 “constitutes an unconscionable act or practice in violation of K.”
State v. Ingram (Kan. Ct. App. 2021).
State v. Euler (Kan. 2021). “The State charged Euler with identity theft under K.S.A. 2020 Supp. 21-6107. The relevant statutory language is in subsection (a)(1).”
— K.S.A. § 21-6107(a)(1) — 6 cases
State v. Jordan, 537 P.3d 443 (Kan. 2023). “This act occurred on or about the 7th day of November, 2019, in Shawnee County, Kansas." (Emphasis added.”
In re Wrongful Conviction of Warsame, 563 P.3d 1281 (Kan. 2025). “Here, Warsame's vacated felonies were for identity theft under K.S.A. 21-6107(a)(1), which criminalizes "obtaining, possessing, transferring, using, selling or purchasing any personal identifying information .”
State v. Euler, 492 P.3d 1147 (Kan. 2021). “The State charged Euler with identity theft under K.S.A. 2020 Supp. 21-6107. The relevant statutory language is in subsection (a)(1).”
State v. Rivera-Rodriguez (Kan. Ct. App. 2021). “Though the previous version of the statute was repealed pursuant to the 2011 recodification of the Kansas Criminal Code and recodified to its current designation as K.S.A. 2020 Supp. 21-6107, our court's analysis of the specific language at issue is persuasive.”
Wright v. Midway Logistics LLC (D. Kan. 2022). “found in K.S.A. § 21-6107. That section makes clear that the conduct prohibited by § 21-6107 “constitutes an unconscionable act or practice in violation of K.”
— K.S.A. § 21-6107(a)(2) — 3 cases
Wright v. Midway Logistics LLC (D. Kan. 2022). “found in K.S.A. § 21-6107. That section makes clear that the conduct prohibited by § 21-6107 “constitutes an unconscionable act or practice in violation of K.”
State v. Rivera-Rodriguez (Kan. Ct. App. 2021). “Though the previous version of the statute was repealed pursuant to the 2011 recodification of the Kansas Criminal Code and recodified to its current designation as K.S.A. 2020 Supp. 21-6107, our court's analysis of the specific language at issue is persuasive.”
State v. Ingram (Kan. Ct. App. 2021).
— K.S.A. § 21-6107(a)(l) — 1 case
State v. Ochoa-Lara, 362 P.3d 606 (Kan. Ct. App. 2015). “21-4018 was repealed and replaced by K.S.A. 2011 Supp. 21-6107. As such, count 1 of the amended complaint covered conduct prior to July 1, 2011, and count 2 covered conduct post July 1, 2011.”
— K.S.A. § 21-6107(b) — 1 case
Jordan v. Wichita, Kansas, City of (D. Kan. 2022).
— K.S.A. § 21-6107(b)(2) — 1 case
Jordan v. Wichita, Kansas, City of (D. Kan. 2023). “Kan. Stat. Ann. § 21-6107 (a). Also, the statute defines “identity fraud” as “altering, amending, counterfeiting, making, manufacturing or otherwise replicating any document containing personal identifying information with the intent to deceive[.”
— K.S.A. § 21-6107(c) — 1 case
State v. Jackson (Kan. Ct. App. 2022).
— K.S.A. § 21-6107(c)(1) — 2 cases
State v. Euler, 492 P.3d 1147 (Kan. 2021). “The State charged Euler with identity theft under K.S.A. 2020 Supp. 21-6107. The relevant statutory language is in subsection (a)(1).”
State v. Euler (Kan. 2021). “The State charged Euler with identity theft under K.S.A. 2020 Supp. 21-6107. The relevant statutory language is in subsection (a)(1).”
— K.S.A. § 21-6107(e)(2) — 4 cases
State v. Euler, 492 P.3d 1147 (Kan. 2021). “The State charged Euler with identity theft under K.S.A. 2020 Supp. 21-6107. The relevant statutory language is in subsection (a)(1).”
State v. Euler (Kan. 2021). “The State charged Euler with identity theft under K.S.A. 2020 Supp. 21-6107. The relevant statutory language is in subsection (a)(1).”
State v. Ingram (Kan. Ct. App. 2021).
Jordan v. Wichita, Kansas, City of (D. Kan. 2023). “Kan. Stat. Ann. § 21-6107 (a). Also, the statute defines “identity fraud” as “altering, amending, counterfeiting, making, manufacturing or otherwise replicating any document containing personal identifying information with the intent to deceive[.”
— K.S.A. § 21-6107(e)(2)(A) — 3 cases
State v. Euler, 492 P.3d 1147 (Kan. 2021). “The State charged Euler with identity theft under K.S.A. 2020 Supp. 21-6107. The relevant statutory language is in subsection (a)(1).”
State v. Rivera-Rodriguez (Kan. Ct. App. 2021). “Though the previous version of the statute was repealed pursuant to the 2011 recodification of the Kansas Criminal Code and recodified to its current designation as K.S.A. 2020 Supp. 21-6107, our court's analysis of the specific language at issue is persuasive.”
State v. Euler (Kan. 2021). “The State charged Euler with identity theft under K.S.A. 2020 Supp. 21-6107. The relevant statutory language is in subsection (a)(1).”
— K.S.A. § 21-6107(e)(6) — 1 case
State v. Valdiviezo-Martinez, 486 P.3d 1256 (Kan. 2021). “An employee can commit identity theft, as defined in K.S.A. 2012 Supp. 21-6107, by using the social security number of another to deceive an employer and induce the employer to rely on the deception and provide employment and its benefits.”
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