§ 8-1327 — Same; unlawful use of identification cards; other unlawful acts relating thereto

(a) It shall be unlawful for any person, for any purpose, to:
(1) Display, cause or permit to be displayed, or have in possession, any fictitious, fraudulently altered or fraudulently obtained identification card.
(2) Lend any identification card to any other person or knowingly permit the use thereof by another.
(3) Display or represent any identification card not issued to the person as being the person's card.
(4) Permit any unlawful use of an identification card issued to the person.
(5) Use a false or fictitious name in any application for an identification card, or any renewal or replacement thereof, or knowingly conceal a material fact or otherwise commit a fraud in any such application.
(6) Display or possess any photograph, photostat, duplicate, reproduction or facsimile of an identification card unless authorized by the provisions of this act.
(7) Photograph, photostat, duplicate or in any way reproduce any identification card or facsimile thereof in such a manner that it could be mistaken for a valid identification card or display or have in possession any such photograph, photostat, duplicate, reproduction or facsimile unless authorized by law.
(8) Fail or refuse to surrender to the division upon its lawful demand any identification card which has been canceled.
(9) Display or cause or permit to be displayed any canceled identification card.
(b) Violation of subsections (a)(1) or (a)(9) is a class B nonperson misdemeanor. Violation of subsections (a)(2), (a)(3), (a)(4), (a)(6), (a)(7) or (a)(8) is a class A nonperson misdemeanor. Violation of subsection (a)(5) is a severity level 9, nonperson felony.
(c) It shall be unlawful for any person to:
(1) Lend any identification card to or knowingly permit the use of any identification card by any person under 21 years of age for use in the purchase of any alcoholic liquor.
(2) Lend any identification card to or knowingly permit the use of any identification card by any person under the legal age for consumption of cereal malt beverage for use in the purchase of any cereal malt beverage.
(3) Lend any identification card, driver's license or other form of identification to aid another person in obtaining an identification card or replacement identification card.
(4) Display or cause to be displayed or have in possession any fictitious or fraudulently altered identification card by any person under 21 years of age for use in the purchase of any alcoholic liquor or cereal malt beverage.
(d) (1) Upon a first conviction of a violation of any provision of subsection (c) a person shall be guilty of a class B nonperson misdemeanor and shall be sentenced to not less than 100 hours of public service and fined not less than $200 nor more than $500.
(2) On a second or subsequent conviction of a violation of any provision of subsection (c), a person shall be guilty of a class A nonperson misdemeanor.
(e) The provisions of this section shall apply to any identification card, driver's license or other form of identification whether issued under the laws of this state or issued under the laws of another state or jurisdiction and to any municipal identification card as defined by K.S.A. 12-16,139, and amendments thereto.

Legislative History

L. 1973, ch. 31, § 4; L. 1979, ch. 38, § 2; L. 1983, ch. 32, § 4; L. 1985, ch. 171, § 2; L. 1991, ch. 38, § 2; L. 1994, ch. 24, § 6; L. 1997, ch. 141, § 2; L. 2022, ch. 51, § 7; July 1.