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Can you summarize KYRS 514.160?
THEFT AND RELATED OFFENSES > Theft of identity.
Short Summary
The provided legal document pertains to the offense of theft of identity under the Kentucky Penal Code. It states that a person is guilty of theft of identity when they knowingly possess or use the identifying information of another person or their family member or ancestor with the intent to deceive or gain unauthorized benefits. The identifying information includes various personal details such as name, address, Social Security number, and biometric data. The purpose of theft of identity can include depriving the other person of property, obtaining unauthorized benefits or property, making financial or credit transactions, avoiding detection, or gaining commercial or political benefit. Theft of identity is classified as a Class D felony. If a business violates this section multiple times, they also violate the Consumer Protection Act. However, this section does not apply to misrepresenting age for obtaining alcoholic beverages, tobacco, or other privileges denied to minors, nor does it apply to credit or debit card fraud. The venue of prosecution for theft of identity can be either the county where the offense was committed or the county where the other person resides.
Whom does it apply to?
Any person who knowingly possesses or uses the identifying information of another person or their family member or ancestor with the intent to deceive or gain unauthorized benefits.
What does it govern?
Theft of identity
What are exemptions?
This section does not apply when a person obtains the identity of another to misrepresent their age for the purpose of obtaining alcoholic beverages, tobacco, or another privilege denied to minors. It also does not apply to credit or debit card fraud.
What are the Penalties?
Theft of identity is a Class D felony. If a business violates this section on more than one occasion, they also violate the Consumer Protection Act, which is subject to separate penalties under KRS 367.110 to 367.300. Additionally, a person found guilty of violating 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.
Jurisdiction
Kentucky