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514.160 Theft of identity.
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(2)
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(6)
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.
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.
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.
This section does not apply to credit or debit card fraud under KRS 434.550 to
434.730.
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.
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.
Effective:July 15, 2002
History: Amended 2002 Ky. Acts ch. 175, sec. 8, effective July 15, 2002. -Created 2000 Ky. Acts ch. 174, sec. 1, effective July 14, 2000.
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