514.160 Theft of identity.

315 words·~1 min read·/ky/chapter-514/514-160

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)A person is guilty of the theft of the identity of another when he or she knowingly

possesses or uses any current or former identifying information of the other person

or family member or ancestor of the other person, such as that person's or family

member's or ancestor's name, address, telephone number, electronic mail address,

Social Security number, driver's license number, birth date, personal identification

number or code, and any other information which could be used to identify the

person, including unique biometric data, with the intent to represent that he or she is

the other person for the purpose of:

(a)Depriving the other person of property;

(b)Obtaining benefits or property to which he or she would otherwise not be

entitled;

(c)Making financial or credit transactions using the other person's identity;

(d)Avoiding detection; or

(e)Commercial or political benefit.

(2)Theft of identity is a Class D felony. If the person violating this section is a business

that has violated this section on more than one

(1)occasion, then that person also

violates the Consumer Protection Act, KRS 367.110 to 367.300.

(3)This section shall not apply when a person obtains the identity of another to

misrepresent his or her age for the purpose of obtaining alcoholic beverages,

tobacco, or another privilege denied to minors.

(4)This section does not apply to credit or debit card fraud under KRS 434.550 to

434.730.

(5)Where the offense consists of theft by obtaining or trafficking in the personal

identity of another person, the venue of the prosecution may be in either the county

where the offense was committed or the county where the other person resides.

(6)A person found guilty of violating any provisions of this section shall forfeit any

lawful claim to the identifying information, property, or other realized benefit of the

other person as a result of such violation.