Kentucky Statewide Rule
Kentucky has no stop-and-identify law, but a false name is a crime
Key Facts
- General duty to identify
- None. No KRS section requires a pedestrian to give a name during a stop
- Governing offense
- KRS 523.110, giving a peace officer false identifying information
- What is covered
- A false name, address, or date of birth given with intent to mislead as to identity
- Warning required first
- Yes. The section does not apply unless the officer first warned that lying is a criminal offense
- Penalty
- Class B misdemeanor: up to 90 days (KRS 532.090(2)) and up to $250 (KRS 534.040(2)(b))
- Arrest instead of citation
- Permitted. KRS 431.015(1)(b)1. names KRS 523.110 as an arrestable misdemeanor
- Drivers
- KRS 186.510 requires the license in immediate possession and display on demand
- Loitering statute
- KRS 525.090 contains no identify-yourself clause and is only a violation
Summary
Kentucky has no stop-and-identify statute. No section of the Kentucky Revised Statutes makes it an offense to decline to give your name to a peace officer during a street stop, and Kentucky's loitering statute, KRS 525.090, carries none of the refusal-to-identify language that other states bolt onto theirs. What Kentucky does criminalize is lying. KRS 523.110 makes it a Class B misdemeanor to give a peace officer a false name, address, or date of birth, and the charge fails unless the officer first warned you that doing so is a criminal offense. Behind the wheel the answer changes: KRS 186.510 requires a licensed driver to carry the license and display it on demand.
523.110 Giving peace officer false identifying information.
(1) A person is guilty of giving a peace officer false identifying information when he or she gives a false name, address, or date of birth to a peace officer who has asked for the same in the lawful discharge of his or her official duties with the intent to mislead the officer as to his or her identity. The provisions of this section shall not apply unless the peace officer has first warned the person whose identification he or she is seeking that giving a peace officer false identifying information is a criminal offense.
(2) Giving a peace officer false identifying information is a Class B misdemeanor.
Full Breakdown
KRS 523.110(1) reaches one narrow act. You commit it by giving a false name, address, or date of birth to a peace officer who asked for it in the lawful discharge of official duties, with the intent to mislead the officer as to your identity. Staying silent is not on that list, and neither is answering that you would rather not say. The section also carries a precondition that most states' false-information offenses lack: it "shall not apply unless the peace officer has first warned the person whose identification he or she is seeking that giving a peace officer false identifying information is a criminal offense." That warning requirement was added by 2016 Ky. Acts ch. 98, sec. 2, effective July 15, 2016, and it is an element, not a courtesy. An officer who never delivered the warning has no KRS 523.110 case no matter what name was given.
The penalty is fixed by the general sentencing chapters rather than by KRS 523.110 itself. A Class B misdemeanor carries a term of imprisonment that "shall not exceed ninety (90) days" under KRS 532.090(2), and a fine capped at two hundred fifty dollars under KRS 534.040(2)(b). KRS 534.040(4) bars that fine entirely against a person the court determines to be indigent under KRS Chapter 31.
One Kentucky wrinkle raises the stakes well above the ninety-day maximum. KRS 431.015(1)(a) tells peace officers to issue a citation rather than make an arrest for a misdemeanor committed in their presence, but KRS 431.015(1)(b)1. lists a short set of exceptions where the officer may arrest instead, and KRS 523.110 is named in that list alongside KRS 189A.010 driving under the influence and the assault, sexual offense, and weapons chapters. Two further exceptions in the same paragraph let an officer arrest where the person "poses a risk of danger to himself, herself, or another person" or "refuses to follow the peace officer's reasonable instructions." So a fake name in Kentucky is one of the few low-level misdemeanors that can lawfully end in handcuffs rather than a slip of paper.
Kentucky's loitering statute is where several states hid an identification duty, and Kentucky's does not. KRS 525.090 defines loitering as remaining in a public place to gamble with cards, dice, or other gambling paraphernalia, to unlawfully use a controlled substance, in or around a school, college, or university without a legitimate reason or written permission, or in a transportation facility to sell merchandise or services without authorization. Nothing in it compels an account of yourself. Loitering is only a violation under KRS 525.090(2), which caps exposure at a two hundred fifty dollar fine under KRS 534.040(2)(c) with no jail. The General Assembly last touched it in 2026 Ky. Acts ch. 184, sec. 37, effective July 15, 2026, to carve charitable gaming under KRS 238.505, sports wagering, fantasy contests, fixed-odds wagering, and historical horse race wagering out of the gambling clause.
Driving is the exception that swallows the rule for most people. KRS 186.510 says the licensee "shall have his or her license in his or her immediate possession at all times when driving a motor vehicle and shall display it upon demand" to a peace officer, a member of the Department of Kentucky State Police, a field deputy or inspector of the Department of Vehicle Regulation or the Transportation Cabinet, or a safety officer gathering information for an accident report under KRS 67A.075 or KRS 83A.088. The section, amended by 2023 Ky. Acts ch. 8, sec. 3, effective June 29, 2023, gives one defense: producing in court an operator's license issued before the arrest and valid at the time of it. KRS 186.620(3) sharpens the point. If a driver on a public highway is asked to display a license by an officer authorized to arrest for driving on a denied, canceled, suspended, or revoked license or under KRS 189A.090, the failure to display "shall be admissible in court and shall be prima facie proof" of that offense.
Refusing to identify is also not, by itself, resisting or obstructing. KRS 520.090 requires that the person use or threaten physical force or violence against the officer, or use some other means creating a substantial risk of physical injury, before resisting arrest attaches. KRS 519.020(2)(a) expressly puts outside the obstruction offense "any means of avoiding compliance with the law without affirmative interference with governmental functions," and KRS 519.020(2)(b) puts the hindrance of unlawful action by a public servant outside it as well. Separately, KRS 431.025(1) requires the person making an arrest to tell you of the intention to arrest and the offense you are being arrested for, and KRS 431.025(3) forbids unnecessary force in making it.
Violations & Penalties
040(4). 015(5) directs the officer to write "ARRESTED" in the court-appearance field of the citation. 620(3). 110 charge lacks an element and is the right one to attack first.
Frequently Asked Questions
Do I have to tell a Kentucky officer my name if I am stopped on the street?
What is the warning an officer has to give before KRS 523.110 applies?
Can I be arrested for it, or is it just a citation?
Does the answer change if I am driving?
I gave a false name but was never warned. What happens?
Can police arrest me for loitering if I refuse to explain myself?
Sources
- KRS 523.110 Giving peace officer false identifying information
- KRS 431.015 Citation for misdemeanor
- KRS 186.510 License to be in possession and shown on demand
- KRS 186.620 Display of license on request of peace officer
- KRS 525.090 Loitering
- KRS 520.090 Resisting arrest
- KRS 519.020 Obstructing governmental operations
- KRS 431.025 Notice of intention to arrest
- KRS 532.090 Sentence of imprisonment for misdemeanor
- KRS 534.040 Fines for misdemeanors and violations
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