Privacy Law Library

Theft of Identity and Trafficking in Stolen Identities (criminal offense and civil action)

KY Identity Theft

Data security · Biometric · Other

Criminalizes knowingly possessing or using another person's identifying information, including name, SSN, account PINs, and unique biometric data, to impersonate them for gain, credit transactions, evading detection, or commercial or political benefit. Victims have a civil cause of action for compensatory and punitive damages and fees.

Where

Kentucky

Citation

KRS 514.160; KRS 514.170; KRS 411.210 (created 2000 Ky. Acts ch. 174; amended 2002 Ky. Acts ch. 175)

Status

In force

In force since

2000-07-14

Last amended

2002-07-15

Enforced by

Prosecutors; victims via civil action; Consumer Protection Act enforcement for repeat business violators

People can sue

Yes

Penalties

Theft of identity is a Class D felony, with forfeiture of any benefit obtained; a business that violates the section more than once also violates the Consumer Protection Act. Victims may recover compensatory and punitive damages, costs, and attorney's fees within five years of discovery.

Applies to

• Any person or business that knowingly possesses or uses another's identifying information to impersonate them for financial, benefit, evasion, or commercial or political purposes