Kansas Identity Theft Laws

Kansas treats identity theft as a severity level 8, nonperson felony under K.S.A. § 21-6107, escalating to a severity level 5 felony once the victim's loss exceeds $100,000. Kansas also gives its Attorney General an unusual statutory authority: to directly assist identity theft victims, within available resources, with tasks most other states leave entirely to the victim, from getting fraudulent charges refunded to completing identity-theft affidavits.

This page covers Kansas's identity theft and identity fraud statute and its penalty structure, the state's minor and protected-consumer credit freeze law, the Attorney General's statutory assistance role, and Kansas's general restitution rule. For the federal rights that apply everywhere, see our identity theft laws hub.

Kansas's Identity Theft and Identity Fraud Statute

K.S.A. § 21-6107 defines two distinct offenses. Identity theft is obtaining, possessing, transferring, using, selling, or purchasing any personal identifying information belonging to or issued to another person, with the intent to defraud that person or anyone else, or to receive any benefit. Identity fraud is using or supplying information the person knows to be false to obtain identifying documents, or altering or counterfeiting identifying documents, with intent to deceive. The statute defines «personal identifying information» broadly, covering names, dates of birth, addresses, Social Security numbers, driver's license numbers, financial account information, and passwords or login credentials that can access a person's personal electronic content. Notably, knowledge of whether the identifying information belongs to a living or a deceased person is not a defense to either offense.

Identity theft is a severity level 8, nonperson felony as a base offense. That classification rises to a severity level 5, nonperson felony, a substantially more serious tier, once the monetary loss to the victim or victims exceeds $100,000. Identity fraud carries a severity level 8, nonperson felony classification in all cases, with no value-based enhancement found in the statute.

Kansas's Minor and Protected-Consumer Credit Freeze Law

Kansas has its own security freeze statute as part of the Kansas Fair Credit Reporting Act, K.S.A. § 50-701 et seq. K.S.A. § 50-725 requires a consumer reporting agency to place a freeze for a protected consumer within 30 days of a request from the protected consumer's authorized representative, with proper identification and proof of authority, bars release of the protected consumer's report while frozen, and bars any fee for the service.

The Kansas Attorney General's own consumer page states that minors under age 16 have been eligible for a security freeze since January 1, 2017, ahead of the 2018 federal baseline (15 U.S.C. § 1681c-1(j)), and that general adult security freezes became free statewide as of July 1, 2018. The precise statutory section defining the «protected consumer» age threshold was not independently located during this page's research, so the under-16 figure here reflects the Attorney General's official guidance rather than a directly quoted definitions statute.

The Kansas Attorney General's Authority to Assist Victims

Kansas gives its Attorney General a specific statutory role that goes beyond simply taking complaints. K.S.A. § 50-6,139a authorizes the Attorney General's office, within available resources, to directly assist identity theft victims with obtaining refunds for fraudulent or unauthorized charges, canceling fraudulent accounts, correcting false information in consumer reports and in personnel or court records, obtaining security freezes, completing identity-theft affidavits, and filing related complaints.

The Attorney General's consumer protection page instructs victims to first contact local law enforcement to file a police report, then report the theft to the Attorney General's office. The page also directs victims to ReportFraud.ftc.gov or 1-877-IDTHEFT, lists contact information for the three major credit bureaus, points to AnnualCreditReport.com, and links the FTC's «Taking Charge» recovery publication.

Restitution and Civil Remedies

Kansas's general restitution statute, K.S.A. § 21-6604, applies broadly to sentencing in criminal cases. Subsection (b)(1) directs that the court shall order the defendant to pay restitution, which includes but is not limited to damage or loss caused by the defendant's crime. The unworkability exception sits separately, at subsections (b)(4) and (b)(5): restitution is due immediately unless the court allows a specified time or installment schedule, or finds compelling circumstances that would render restitution unworkable in whole or in part, and a court making that finding must state its reasons on the record in detail. For an identity theft or identity fraud conviction under § 21-6107 specifically, subsection (b)(2)(A) goes further: it expressly expands what counts as recoverable damage or loss to include attorney fees and costs incurred to repair the victim's credit history or rating, and to satisfy a debt, lien, or other obligation incurred because the victim's personal identification documents were obtained and used in the offense. That identity-theft-specific expansion is on top of, not instead of, the general restitution rule.

Kansas also gives identity theft victims a dedicated civil hook. K.S.A. § 50-6,139, part of what the statute itself names the «Wayne Owen act» alongside the Attorney General assistance section above, declares that the conduct prohibited by § 21-6107 constitutes an unconscionable act or practice in violation of K.S.A. § 50-627, the Kansas Consumer Protection Act. For purposes of applying KCPA remedies and penalties, subsection (b) deems the person who committed the conduct the «supplier» and the victim the «consumer», and provides that proof of a consumer transaction is not required, which removes the usual obstacle for a victim who never dealt with the perpetrator commercially. That shortcut is written for identity theft; for a scam that did not involve your identity, the KCPA question works differently, and our guide to Kansas scam and fraud laws explains how. The KCPA's private remedies section, K.S.A. § 50-634, lets a consumer aggrieved by a violation of the act bring a civil action. How these provisions apply to a specific case is a question for a Kansas-licensed attorney.

The Federal Layer

Kansas's own protections sit alongside the federal baseline available to every state. Since 2018, federal law has required free credit freezes and free freeze removals nationwide. A fraud alert placed with one credit bureau is shared with the other two, lasts one year by default, and extends to seven years once you have filed an FTC Identity Theft Report. Under FCRA § 605B (15 U.S.C. § 1681c-2), a victim with an identity theft report can get specific fraudulent information blocked from a credit report. IdentityTheft.gov, the FTC's free recovery site, builds a personalized recovery plan and, for account holders, pre-fills the letters and forms most victims need. See our guide to reporting identity theft and our comparison of credit freezes versus fraud alerts for more.

If You Are a Victim of Identity Theft in Kansas

File a police report with local law enforcement first, then report the theft to the Kansas Attorney General's Consumer Protection Division, which can directly help with refunds, canceling accounts, correcting records, and freezes under its statutory authority. Report to the FTC through IdentityTheft.gov as well, and place a freeze with all three major credit bureaus, which is free for both adults and protected minors under Kansas and federal law alike.

Information last verified on 2026-08-13, drawn directly from K.S.A. §§ 21-6107, 50-725, 50-6,139, 50-6,139a, and 21-6604, and the Kansas Attorney General's consumer protection page. This article has not yet been reviewed by a licensed lawyer.

Related Resources

• Identity Theft Laws: Federal Rules and State Penalties
• How to Report Identity Theft
• Credit Freeze vs. Fraud Alert
• Child Identity Theft: Warning Signs, Credit Checks, and the Minor Freeze Right

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Last updated: 2026-08-13.

Frequently Asked Questions

Is identity theft a felony in Kansas?

Yes. K.S.A. 21-6107 makes identity theft a severity level 8, nonperson felony as a base offense, rising to a severity level 5, nonperson felony once the victim's loss exceeds $100,000. Identity fraud is a severity level 8, nonperson felony in all cases.

What is the difference between identity theft and identity fraud in Kansas?

Identity theft is obtaining, possessing, transferring, using, selling, or purchasing another person's personal identifying information to defraud them or receive a benefit. Identity fraud is using false information to obtain identifying documents, or altering or counterfeiting identifying documents, with intent to deceive.

Can the Kansas Attorney General help me get fraudulent charges refunded?

Yes. K.S.A. 50-6,139a authorizes the Attorney General, within available resources, to directly assist victims with obtaining refunds, canceling fraudulent accounts, correcting false information in consumer reports, obtaining security freezes, and completing identity-theft affidavits.

Since when has Kansas offered a free minor credit freeze?

The Kansas Attorney General's office states that minors under 16 have been eligible for a security freeze since January 1, 2017, ahead of the 2018 federal baseline, and that general adult freezes became free statewide on July 1, 2018.

Is restitution mandatory in a Kansas identity theft case?

Kansas's general restitution statute, K.S.A. 21-6604, directs at subsection (b)(1) that the court shall order the defendant to pay restitution for damage or loss caused by the crime. Restitution is due immediately unless the court allows a specified time or installment schedule, or finds compelling circumstances that would render it unworkable in whole or in part, a finding the court must state on the record in detail. For an identity theft conviction specifically, subsection (b)(2)(A) expands recoverable restitution to include attorney fees and costs to repair the victim's credit history or rating and to satisfy a debt, lien, or other obligation incurred through the identity theft.

Where do I report identity theft in Kansas?

File a police report with local law enforcement, then report to the Kansas Attorney General's Consumer Protection Division and to the FTC through IdentityTheft.gov.