Imagine someone orders a fake state ID, receives it and keeps it in their wallet. They never present it at a bar, try to buy alcohol or use it to enter an age-restricted venue.
They might assume that nothing illegal has happened because they never actually used the document.
Kansas law makes that assumption risky.
Under Kansas statutes, possessing certain fictitious or fraudulently altered identification documents can itself be unlawful. The state does not limit every fake ID offense to situations where someone attempts to buy alcohol or successfully uses the document.
The important question is whether the document and the alleged conduct fall within a statute that prohibits possession itself. In Kansas, the wording of two provisions makes that distinction particularly important.
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Does Kansas law make possessing a fake ID illegal even if you never use it?
Yes. Kansas has separate provisions addressing unlawful possession of identification documents.
Under K.S.A. 8-1327(a)(1), it is unlawful for a person, "for any purpose," to display or possess a fictitious, fraudulently altered or fraudulently obtained identification card.
The wording matters. This provision does not say that the person must first use the document to purchase alcohol or gain entry to a venue. Possession is expressly listed as prohibited conduct.
Kansas has a parallel provision for driver's licenses. Under K.S.A. 8-260(a)(1), it is unlawful, for any purpose, to display or possess a fictitious or fraudulently altered driver's license.
This creates an important distinction between possessing a prohibited document and using that document to commit another violation. Depending on the facts, the first may be sufficient for a charge under the relevant possession provision.
That does not mean every person found holding a questionable ID will automatically be convicted. The prosecution must establish the elements of the offense charged, and the circumstances surrounding the document can matter.
Which Kansas statutes apply to fake state IDs?
The answer depends partly on what kind of document is involved.
Kansas addresses identification cards and driver's licenses in separate sections of Chapter 8. Although their language is similar, they are distinct statutory provisions.
- K.S.A. 8-1327(a)(1) - identification cards: prohibits possession of a fictitious, fraudulently altered or fraudulently obtained identification card.
- K.S.A. 8-260(a)(1) - driver's licenses: prohibits possession of a fictitious or fraudulently altered driver's license.
- K.S.A. 8-1327(c)(4) - alcohol-related conduct involving identification cards: separately prohibits under-21 possession of a fictitious or fraudulently altered ID for use in purchasing alcoholic liquor or cereal malt beverage.
- K.S.A. 8-260(c)(4) - alcohol-related conduct involving driver's licenses: separately prohibits under-21 possession of a fictitious or fraudulently altered driver's license for use in purchasing alcoholic liquor or cereal malt beverage.
These provisions should not be treated as interchangeable. The document involved, the conduct alleged and the applicable subsection all matter.
What is the difference between general possession and an alcohol-specific offense?
This is the central legal distinction.
The general possession provisions in K.S.A. 8-1327(a)(1) and 8-260(a)(1) are not restricted to underage alcohol purchases. Their language prohibits possession of specified false or altered identification documents "for any purpose."
The alcohol-related provisions in subsections (c)(4) are narrower. They address possession by a person under 21 for use in purchasing alcoholic liquor or cereal malt beverage.
That difference can matter when prosecutors determine which provision applies to an incident.
For example, imagine a person is found with a fictitious identification card but has not attempted to buy alcohol. The absence of an alcohol purchase does not, by itself, eliminate the possible relevance of K.S.A. 8-1327(a)(1).
Now consider an under-21 person who possesses a fictitious or fraudulently altered driver's license specifically for use in purchasing alcohol. The alcohol-specific provision in K.S.A. 8-260(c)(4) may also be relevant.
These examples illustrate the statutory distinction, not a prediction about the charge a prosecutor would file. The precise charge depends on the facts, the evidence and the applicable law.
What penalties can apply to possession alone?
Kansas classifies the general possession offenses under K.S.A. 8-1327(a)(1) and 8-260(a)(1) as Class B nonperson misdemeanors. The classification appears in subsection (b) of each statute.
A Class B nonperson misdemeanor is a criminal offense, not merely a warning from a retailer or a violation of a venue's entry policy.
Under Kansas's general sentencing law, the maximum term of imprisonment for a Class B misdemeanor is six months. The applicable fine and other consequences depend on the governing statutes and the circumstances of the case.
The alcohol-specific provisions have their own penalty language. Under K.S.A. 8-1327(d) and 8-260(d), a first conviction for a violation of subsection (c) is a Class B nonperson misdemeanor and carries at least 100 hours of public service and a fine of $200 to $500. A second or subsequent conviction under subsection (c) is classified as a Class A nonperson misdemeanor.
Those specific requirements should not automatically be applied to every charge under the general possession provisions. The subsection under which a person is charged matters.
For an actual case, consult the current statute and a qualified Kansas attorney rather than relying on a general description of possible penalties.
What must prosecutors establish to prove possession?
A charge is not the same as a conviction. The prosecution must prove the elements of the particular offense beyond a reasonable doubt.
For a charge based on K.S.A. 8-1327(a)(1), the statutory questions include whether the item was an identification card and whether it was fictitious, fraudulently altered or fraudulently obtained. The prosecution must also establish the alleged possession or display.
For a charge under K.S.A. 8-260(a)(1), the focus is on whether the item was a driver's license and whether it was fictitious or fraudulently altered, along with the alleged possession or display.
The statute's wording is important because it does not expressly make a completed purchase or successful use part of these general possession provisions.
Other questions can arise depending on the circumstances, including whether the document was actually false, whether it was the type of document covered by the statute and what the evidence shows about the person's connection to it.
The applicable legal standards and defenses depend on the specific charge and facts. It would be inaccurate to assume that the mere discovery of an unfamiliar or questionable card proves every element of an offense.
Does the law cover an ID from another state?
Kansas's identification-card statute expressly addresses documents issued under the laws of Kansas or another state or jurisdiction. K.S.A. 8-1327(e) also refers to municipal identification cards as defined by Kansas law.
The driver's-license statute, K.S.A. 8-260(e), likewise states that its provisions apply to driver's licenses, nondriver identification cards and other forms of identification issued under Kansas law or the laws of another state or jurisdiction.
So the fact that a document purports to be from another state does not automatically place it outside these provisions.
The important question is whether the document and conduct meet the requirements of the applicable Kansas statute.
Is simply possessing a fake ID the same as making or selling one?
No. Kansas law distinguishes possession from other conduct involving false identification documents.
For example, K.S.A. 21-5918 addresses dealing in false identification documents. It covers knowingly reproducing, manufacturing, selling or offering for sale qualifying identification documents bearing a fictitious name or other false information.
That provision classifies dealing in false identification documents as a severity level 8, nonperson felony.
The distinction is important: the conduct described in § 21-5918 is not simply the same offense as possessing a fictitious or fraudulently altered state ID under Chapter 8. The applicable statute depends on what the person allegedly did.
A person should not assume that a possession allegation automatically establishes manufacturing or distribution. Equally, the absence of evidence that someone manufactured a document does not necessarily resolve a separate possession allegation.
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Frequently Asked Questions
Does Kansas require you to actually use a fake ID before you can be charged?
Not for the general possession provisions. K.S.A. 8-1327(a)(1) and 8-260(a)(1) prohibit display or possession "for any purpose," so a completed use is not written into those offenses.
What kind of charge is simple possession in Kansas?
The general possession offenses are Class B nonperson misdemeanors, which carry a maximum jail term of six months under Kansas sentencing law. The alcohol-specific under-21 possession provisions have their own penalty structure.
Does the law treat identification cards and driver's licenses the same way?
They are similar but written into separate statutes. K.S.A. 8-1327 covers identification cards and K.S.A. 8-260 covers driver's licenses, so the document involved matters.
Can Kansas charge someone for possessing an out-of-state fake ID?
The statutes state they apply to documents issued under Kansas law or the laws of another state or jurisdiction, so an out-of-state document does not automatically fall outside them.
Is possessing a fake ID the same as making or selling one?
No. Dealing in false identification documents is covered by a separate statute, K.S.A. 21-5918, and is classified as a severity level 8, nonperson felony.
Final Thoughts
Kansas law does not require a fake ID to be successfully used before every possession-related offense can apply.
K.S.A. 8-1327(a)(1) addresses possession of fictitious, fraudulently altered or fraudulently obtained identification cards. K.S.A. 8-260(a)(1) separately addresses possession of fictitious or fraudulently altered driver's licenses. Both provisions apply "for any purpose" and classify the specified conduct as a Class B nonperson misdemeanor.
The state also has narrower alcohol-related provisions for certain under-21 possession involving the intended purchase of alcohol. Those provisions have separate penalty requirements.
The key legal distinction is between a statute that prohibits possession itself and one that addresses possession for a specific unlawful purpose. In Kansas, both types of provisions exist, so the precise document, conduct and statutory subsection matter.