IN THE SUPREME COURT OF THE STATE OF KANSAS No. 111,447 STATE OF KANSAS, Appellee, v. VICTOR VALDIVIEZO-MARTINEZ, Appellant. SYLLABUS BY THE COURT 1. An employee can commit identity theft, as defined in K.S.A. 2012 Supp. 21-6107, by using the social security number of another to deceive an employer and induce the employer to rely on the deception and provide employment and its benefits. The employee receives an economic benefit from the deception, even if the employee earns those wages. 2. The Legislature defined a continuing offense in K.S.A. 2012 Supp. 21-6107(a) by providing that identity theft occurs when a defendant is using the personal identifying information of another with the intent to defraud that person or anyone else, in order to receive any benefit. 1 3. K.S.A. 2012 Supp. 21-6107 gives sufficient notice of prohibited conduct and nothing about the statute makes enforcement inherently arbitrary and discriminatory. The statute is not unconstitutionally vague. Review of the judgment of the Court of Appeals in an unpublished opinion filed November 25, 2015. Appeal from Johnson District Court; BRENDA M. CAMERON, judge. Opinion filed May 21, 2021. Judgment of the Court of Appeals affirming the district court is affirmed. Judgment of the district court is affirmed. Randall L. Hodgkinson, of Kansas Appellate Defender Office, argued the cause and, B. Keith Edward, legal intern, of the same office, was with him on the brief for appellant. Jacob M. Gontesky, assistant district attorney, argued the cause, and Stephen M. Howe, district attorney, and Derek Schmidt, attorney general, were with him on the brief for appellee. The opinion of the court was delivered by LUCKERT, C.J.: Victor Valdiviezo-Martinez appeals from a jury conviction of identity theft. The conviction arose from allegations that, on or about September 20, 2012, Valdiviezo-Martinez was using the social security number of someone else with the intent to defraud his employer so he could receive a benefit. On appeal, Valdiviezo- Martinez argues the State failed to present sufficient evidence to prove he used the social security number with an intent to defraud someone in order to receive a benefit. He asserts that instead of committing fraud he earned the benefits he received. He also argues the State failed to prove he used the social security number on September 20, 2012. He contends that, if he committed a crime, he did so when he completed paperwork 2 as he began his job in 2005. Finally, he argues the identity theft statute is unconstitutionally vague. We reject his arguments and affirm his conviction. FACTUAL AND PROCEDURAL BACKGROUND Valdiviezo-Martinez was involved in a car accident in Overland Park on September 20, 2012. He provided a Mexico-issued identification card with his name on it to police officers investigating the crash. He also provided the police with an insurance card issued to Jovita Arano, whom he referred to as his wife, and a car registration card issued to Victor Arano. After arresting and booking Valdiviezo-Martinez for driving without a license, the police officer investigating the crash …
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