A phone call from police about a credit card you borrowed can turn an ordinary family matter into a felony scare almost overnight. The good news is that it may not be identity theft if you honestly believed you had permission to act. Kansas law requires prosecutors to prove you acted with intent to defraud, not that you simply made a mistake.
What Kansas law actually requires
The crime of identity theft appears in K.S.A. 21-6107. The statute covers obtaining, possessing or using another person’s identifying information. A conviction requires proof of intent to defraud for a benefit, or intent to cause economic or bodily harm.
That intent element matters in any case. A typo on a form or a misunderstanding about permission does not, by itself, satisfy the statute. Prosecutors must prove what you were thinking, which is often the weakest part of their case.
How prosecutors try to prove intent
Because intent is a mental state, the state builds its case through circumstantial evidence. Here are some of the factors they consider:
- Pattern of conduct: Using someone else’s name or number across multiple documents rather than once.
- Tangible benefit: Opening accounts, obtaining loans or securing employment with the information.
- Concealment: Hiding transactions or continuing after being told to stop.
One isolated act looks very different from a repeated, structured scheme. Your defense can attack each of these inferences and offer an innocent explanation for the conduct.
Common situations that get misread
Everyday decisions can look suspicious on paper. You might use a spouse’s card for household purchases, sign a document for an aging parent or rely on old client data from a former business. If the owner consented, or you reasonably believed they did, the required intent may be missing.
The stakes are real. Identity theft is generally a severity level 8 nonperson felony in Kansas. Higher loss amounts can raise the severity level and the potential prison exposure. A conviction can also follow you into job searches and housing applications.
Talk to Gyllenborg & Brown P.A. about your charge
If you are facing an identity theft or fraud charge in Kansas, do not wait to build your defense. The attorneys at Gyllenborg & Brown P.A. know how prosecutors construct intent cases and how to take them apart. Contact our firm to schedule a consultation. The earlier we get involved, the more options you may have.