Printable Format21-5824. Making false information. (a) Making false information is making, generating, distributing or drawing, or causing to be made, generated, distributed or drawn, any written instrument, electronic data or entry in a book of account with knowledge that such information falsely states or represents some material matter or is not what it purports to be, and with intent to defraud, obstruct the detection of a theft or felony offense or induce official action.
(b) Making false information is a severity level 8, nonperson felony.
History: L. 2010, ch. 136, ยง 110; July 1, 2011.
Source or Prior Law:
21-3711.
CASE ANNOTATIONS
1. The principal factor distinguishing forgery and making false information is that forgery involves the making, altering or endorsing a written instrument that appears to have been made by another without that person's consent; defendant's addition of name to payee line of check constituted forgery rather than making false information. State v. Ward, 52 Kan. App. 2d 663, 671-678, 372 P.3d 417 (2016), review granted (Feb. 15, 2017). See case annotation number 3.
2. Application of Kansas' false information statute is not preempted by federal immigration reform and control act. Kansas v. Garcia, 140 S. Ct. 791, 804-07 (2020).
3. A defendant's conviction for making false information can be affirmed regardless of whether the criminal conduct pertains to defendant's own business or affairs. State v. Ward, 307 Kan. 245, 408 P.3d 954 (2018).