Kansas Statutes Annotated

K.S.A. § 8-260 (2026)

Unlawful use of driver's license or nondriver's identification card; other unlawful acts relating thereto

✓ current as of May 2026

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8-260. Unlawful use of driver's license or nondriver's identification card; other unlawful acts relating thereto. (a) It shall be unlawful for any person, for any purpose, to:

(1) Display or cause or permit to be displayed or have in possession any fictitious or fraudulently altered driver's license.

(2) Lend any driver's license to any other person or knowingly permit the use thereof by another.

(3) Display or represent as the person's own, any driver's license not issued to the person.

(4) Fail or refuse to surrender to the division upon its lawful demand any driver's license which has been suspended, revoked, or canceled.

(5) Use a false or fictitious name in any application for a driver's license, or any renewal or replacement thereof, or knowingly conceal a material fact, or otherwise commit a fraud in any such application.

(6) Permit any unlawful use of a driver's license issued to the person.

(7) Photograph, photostat, duplicate or in any way reproduce any driver's license or facsimile thereof in such a manner that it could be mistaken for a valid driver's license or display or have in possession any such photograph, photostat, duplicate, reproduction or facsimile unless authorized by law.

(8) Display or possess any photograph, photostat, duplicate or facsimile of a driver's license unless authorized by law.

(9) Display or cause or permit to be displayed any canceled, revoked or suspended driver's license.

(b) Violation of paragraphs (1) or (9) of subsection (a) is a class B nonperson misdemeanor. Violation of paragraphs (2), (3), (4), (6), (7) or (8) of subsection (a) is a class A nonperson misdemeanor. Violation of paragraph (5) of subsection (a) is a severity level 9, nonperson felony.

(1) Lend any driver's license to or knowingly permit the use of any driver's license by any person under 21 years of age for use in the purchase of any alcoholic liquor.

(2) Lend any driver's license to or knowingly permit the use of any driver's license by a person under the legal age for consumption of cereal malt beverage for use in the purchase of any cereal malt beverage.

(3) Lend any driver's license, nondriver's identification card or other form of identification to aid another person in wrongfully obtaining a driver's license or replacement driver's license.

(4) Display or cause to be displayed or have in possession any fictitious or fraudulently altered driver's license by any person under 21 years of age for use in the purchase of any alcoholic liquor or cereal malt beverage.

(d) (1) Upon a first conviction of a violation of any provision of subsection (c) a person shall be guilty of a class B nonperson misdemeanor and shall be sentenced to not less than 100 hours of public service and fined not less than $200 nor more than $500.

(2) On a second or subsequent conviction of a violation of any provision of subsection (c), a person shall be guilty of a class A nonperson misdemeanor.

(e) The provisions of this section shall apply to any driver's license, nondriver's identification card or other form of identification whether issued under the laws of this state or issued under the laws of another state or jurisdiction.

History: L. 1937, ch. 73, § 27; L. 1949, ch. 104, § 32; L. 1959, ch. 49, § 28; L. 1975, ch. 36, § 28; L. 1979, ch. 38, § 1; L. 1983, ch. 32, § 2; L. 1985, ch. 171, § 1; L. 1991, ch. 38, § 1; L. 1994, ch. 24, § 3; L. 1996, ch. 219, § 3; L. 1997, ch. 141, § 1; May 1.

Notes of Decisions

Cited in 10 cases (2 in the last 5 years), 1962–2025 · leading case: State v. Donlay, 853 P.2d 680 (Kan. 1993).

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State v. Donlay, 853 P.2d 680 (Kan. 1993). · cites it 14× “21-3825 because a more specific statute, K.S.A. 8-260, is available that deals with the particular action.”

State v. Jenkins, 39 P.3d 47 (Kan. 2002). · cites it 4× “Since a charge under K.S.A. 2000 Supp. 8-260 would be inappropriate for this case, it was not error to convict Jenkins of making false information under K.”

City of Overland Park v. Rice, 567 P.2d 1382 (Kan. 1977). · cites it 2× “In this regard we note that under K.S.A. 8-260 it is a misdemeanor for any person to have in his possession any suspended driver’s license or to fail or refuse to surrender to the division upon its lawful demand any driver’s license which has been suspended.”

State v. Harkness, 370 P.2d 100 (Kan. 1962). · cites it 4× “) Section 8-260 deals with the unlawful use of a license, and section 8-262, the one under which the defendant was here charged, makes it unlawful to drive while the license is suspended or revoked.”

State v. Heironimus, 941 P.2d 1356 (Kan. 1997). “See K.S.A. 1996 Supp. 8-260(a)(4) and (b). He was not informed that continuing to drive after the revocation would be a felony.”

Sanctuary, Inc. v. Smith, 733 P.2d 839 (Kan. Ct. App. 1987). “41-2721(b)(1); K.S.A. 1986 Supp. 8-260. Affirmed.”

State v. Perkins, 257 P.3d 1283 (Kan. Ct. App. 2011). “K.S.A. 8-260. Revocation is the “formal termination” of a driver’s Acense and the holder’s privilege to drive in tire state.”

State v. Carter, 955 P.2d 119 (Kan. 1998). “8-262, a level 9 felony; possession of a revoked driver’s license, in violation of K.S.A. 1996 Supp. 8-260, a level 9 felony; and driving after being declared a habitual violator, in violation of K.”

State v. Moran-Espinosa (Kan. Ct. App. 2025). “See K.S.A. 8-260(a)(1), (e) (making it unlawful for any person to have in their possession any fictitious driver's license, including any driver's license issued under the laws of Kansas or another state or jurisdiction).”

State, ex rel. Kobach v. Harper (Kan. Ct. App. 2025). “K.S.A. 8-260. The evidence in the record simply does not support the conclusion that gender markers on driver's licenses inhibit law enforcement's ability to identify an individual or to arrest people who violate the law.”

— K.S.A. § 8-260(a)(1) — 1 case

— K.S.A. § 8-260(a)(3) — 1 case

State v. Donlay, 853 P.2d 680 (Kan. 1993). “21-3825 because a more specific statute, K.S.A. 8-260, is available that deals with the particular action.”

— K.S.A. § 8-260(a)(4) — 1 case

State v. Heironimus, 941 P.2d 1356 (Kan. 1997). “See K.S.A. 1996 Supp. 8-260(a)(4) and (b). He was not informed that continuing to drive after the revocation would be a felony.”

— K.S.A. § 8-260(a)(5) — 1 case

State v. Jenkins, 39 P.3d 47 (Kan. 2002). “Since a charge under K.S.A. 2000 Supp. 8-260 would be inappropriate for this case, it was not error to convict Jenkins of making false information under K.”

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