Appeal No. 111,447: State of Kansas v. Victor Valdiviezo-Martinez
Archived oral argument video
The Kansas Supreme Court affirmed a conviction for identity theft in a case in which a person used someone else's identifying information when applying for a job. The defendant applied for the job in 2005 but was not arrested until 2012. The Supreme Court held the 2012 version of the identity theft statute applied because identity theft is a continuing offense and therefore the prosecution commenced within the applicable statute of limitations. The Supreme Court also rejected the defendant's argument the State failed to prove he intended to defraud his employer because the wages he received were in exchange for labor performed; the Supreme Court recognized that employment itself is a thing of value apart from wages and that using fraudulent documents to obtain a thing of value satisfies the statutory elements of identity theft. Finally, the Supreme Court rejected the defendant's argument the identity theft statute was unconstitutionally vague.