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Theft/Larceny

21-3701. Theft.

(a) Theft is any of the following acts done with intent to deprive the owner permanently of the possession, use or benefit of the owner’s property:

(1) Obtaining or exerting unauthorized control over property;

(2) obtaining by deception control over property;

(3) obtaining by threat control over property; or

(4) obtaining control over stolen property knowing the property to have been stolen by another.

(b) (1) Theft of property of the value of $100,000 or more is a severity level 5, nonperson felony.

(2) Theft of property of the value of at least $25,000 but less than $100,000 is a severity level 7, nonperson felony.

(3) Theft of property of the value of at least $1,000 but less than $25,000 is a severity level 9, nonperson felony.

(4) Theft of property regardless of the value from three separate mercantile establishments within a period of 72 hours as part of the same act or transaction or in two or more acts or transactions connected together or constituting parts of a common scheme or course of conduct is a severity level 9, nonperson felony.

(5) Theft of property of the value of less than $1,000 is a class A nonperson misdemeanor.

(6) Theft of property of the value of less than $1,000 is a severity level 9, nonperson felony if committed by a person who has been convicted of theft two or more times.

(c) Conviction of a violation of a municipal ordinance prohibiting acts which constitute theft as defined by this section shall be considered a conviction of theft for the purpose of determining the number of prior convictions and the classification of the crime under this section.

History: L. 1969, ch. 180, § 21-3701; L. 1972, ch. 116, § 1; L. 1978, ch. 120, § 29; L. 1984, ch. 119, § 2; L. 1988, ch. 113, § 2; L. 1992, ch. 298, § 39; L. 1993, ch. 291, § 64; L. 1994, ch. 291, § 26; L. 2001, ch. 208, § 5; L. 2002, ch. 123, § 2; L. 2004, ch. 175, § 1; July 1.

 

21-3702. Prima facie evidence of intent to permanently deprive owner or lessor of possession, use or benefit of property.

(a) In any prosecution under this article, the following shall be prima facie evidence of intent to permanently deprive the owner or lessor of property of the possession, use or benefit thereof:

(1) The giving of a false identification or fictitious name, address or place of employment at the time of obtaining control over the property;

(2) the failure of a person who leases or rents personal property to return the same within 10 days after the date set forth in the lease or rental agreement for the return of the property, if notice is given to the person renting or leasing the property to return the property within seven days after receipt of the notice, in which case the subsequent return of the property within the seven-day period shall exempt such transaction from consideration as prima facie evidence as provided in this section;

(3) destroying, breaking or opening a lock, chain, key switch, enclosure or other device used to secure the property in order to obtain control over the property;

(4) destruction of or substantially damaging or altering the property so as to make the property unusable or unrecognizable in order to obtain control over the property.

(5) the failure of a person who leases or rents from a commercial renter a motor vehicle under a written agreement that provides for the return of the motor vehicle to a particular place at a particular time, if notice has been given to the person renting or leasing the motor vehicle to return such vehicle within three calendar days from the date of the receipt or refusal of the demand. In addition, if such vehicle has not been returned after demand, the lessor may notify the local law enforcement agency of the failure of the lessee to return such motor vehicle and the local law enforcement agency shall cause such motor vehicle to be put into any appropriate state and local computer system listing stolen motor vehicles; or

(6) the failure of a person who is provided with a use of a vehicle by the owner of the vehicle to return it to the owner pursuant to a written instruction specifying: (A) The time and place to return the vehicle; and (B) that failure to comply may be prosecuted as theft, and such instructions are delivered to the person by the owner at the time the person is provided with possession of the vehicle. In addition, if such vehicle has not been returned pursuant to the specifications in such instructions, the owner may notify the local law enforcement agency of the failure of the person to return such motor vehicle and the local law enforcement agency shall cause such motor vehicle to be put into any appropriate state and local computer system listing stolen motor vehicles.

(b) In any prosecution for a misdemeanor under K.S.A. 21-3701 and amendments thereto in which the object of the alleged theft is a book or other material borrowed from a library, it shall be prima facie evidence of intent to permanently deprive the owner of the possession, use or benefit thereof if the defendant failed to return such book or material within 30 days after receiving notice from the library requesting its return, in which case the subsequent return of the book or material within the 30-day period shall exempt such transaction from consideration as prima facie evidence as provided in this section.

(c) The word ‘notice’ as used herein shall be construed to mean notice in writing and such notice in writing will be presumed to have been given three days following deposit of the notice as registered or certified matter in the United States mail, addressed to such person who has leased or rented the personal property or borrowed the library material at the address as it appears in the information supplied by such person at the time of such leasing, renting or borrowing, or to such person’s last known address.

History: L. 1969, ch. 180, § 21-3702; L. 1975, ch. 197, § 1; L. 1986, ch. 122, § 1; L. 1995, ch. 251, § 2; L. 2008, ch. 183, § 1; July 1.

 

21-3703. Theft of lost or mislaid property.

Theft of lost or mislaid property is failure to take reasonable measures to restore lost or mislaid property to the lawful owner by a person who has obtained control of such property, who knows or learns the identity of the owner thereof, and who intends to deprive the owner permanently of the possession, use or benefit of the property.

Theft of lost or mislaid property is a class A nonperson misdemeanor.

History: L. 1969, ch. 180, § 21-3703; L. 1971, ch. 107, § 1; L. 1992, ch. 298, § 40; L. 1993, ch. 291, § 65; July 1.

 

21-3704. Theft of services.

(a) Theft of services is obtaining services from another by deception, threat, coercion, stealth, tampering or use of false token or device.

(b) ‘Services’ within the meaning of this section, includes, but is not limited to, labor, professional service, cable television service, public or municipal utility or transportation service, telephone service, lodging, entertainment and the supplying of equipment for use. For purposes of this section, rural water districts and rural electric cooperatives shall be considered public utilities.

(c) ‘Tampering’ within the meaning of this section, includes, but is not limited to:

(1) Making a connection of any wire, conduit or device, to any service or transmission line owned by a public or municipal utility, or by a cable television service provider;

(2) defacing, puncturing, removing, reversing or altering any meter or any connections, for the purpose of securing unauthorized or unmeasured electricity, natural gas, water, telephone service or cable television service;

(3) preventing any such meters from properly measuring or registering;

(4) knowingly taking, receiving, using or converting to such person’s own use, or the use of another, any electricity water, or natural gas which has not been measured; or any telephone or cable television service which has not been authorized; or

(5) causing, procuring, permitting, aiding or abetting any person to do any of the preceding acts.

(d) In any prosecution under this section, the existence of any of the connections of meters, alterations or use of unauthorized or unmeasured electricity, natural gas, water, telephone service or cable television service, specified in subsection (c), shall be prima facie evidence of intent to violate the provisions of this section by the person or persons using or receiving the direct benefits from the use of the electricity, natural gas, water, telephone service or cable television service passing through such connections or meters, or using the electricity, natural gas, telephone service or cable television service which has not been authorized or measured.

(e) (1) Theft of services of the value of $100,000 or more is a severity level 5, nonperson felony.

(2) Theft of services of the value of at least $25,000 or more but less than $100,000 is a severity level 7, nonperson felony.

(3) Theft of services of the value of at least $1,000 but less than $25,000 is a severity level 9, nonperson felony.

(4) Theft of services of the value of less than $1,000 is a class A nonperson misdemeanor.

History: L. 1969, ch. 180, § 21-3704; L. 1978, ch. 120, § 30; L. 1984, ch. 119, § 3; L. 1988, ch. 113, § 1; L. 1992, ch. 298, § 41; L. 1993, ch. 291, § 66; L. 1994, ch. 291, § 27; L. 2004, ch. 175, § 2; L. 2006, ch. 24, § 1; July 1.