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Kansas Theft Laws
Kansas Theft Laws

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.

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; or

      (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.

      (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.

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, water, 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 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.

21-3710. Forgery.

(a) Forgery is knowingly and with intent to defraud:

      (1)   Making, altering or endorsing any written instrument in such manner that it purports to have been made, altered or endorsed by another person, either real or fictitious, and if a real person without the authority of such person; or altering any written instrument in such manner that it purports to have been made at another time or with different provisions without the authority of the maker thereof; or making, altering or endorsing any written instrument in such manner that it purports to have been made, altered or endorsed with the authority of one who did not give such authority;

      (2)   issuing or delivering such written instrument knowing it to have been thus made, altered or endorsed; or

      (3)   possessing, with intent to issue or deliver, any such written instrument knowing it to have been thus made, altered or endorsed.

      (b) (1)   Forgery is a severity level 8, nonperson felony.

      (2)   On a first conviction of a violation of this section, in addition to any other sentence imposed, a person shall be fined the lesser of the amount of the forged instrument or $500.

      (3)   On a second conviction of a violation of this section, a person shall be required to serve at least 30 days' imprisonment as a condition of probation, and fined the lesser of the amount of the forged instrument or $1,000.

      (4)   On a third or subsequent conviction of a violation of this section, a person shall be required to serve at least 45 days' imprisonment as a condition of probation, and fined the lesser of the amount of the forged instrument or $2,500.

      (5)   The person convicted shall not be eligible for release on probation, suspension or reduction of sentence or parole until the person has served the mandatory sentence as provided herein.

      (c)   In any prosecution under this section, it may be alleged in the complaint or information that it is not known whether a purported person is real or fictitious, and in such case there shall be a rebuttable presumption that such purported person is fictitious.

Article 40.--CRIMES INVOLVING VIOLATIONS OF PERSONAL RIGHTS

21-4018. Identity theft; identity fraud.

(a) Identity theft is knowingly and with intent to defraud for any benefit, obtaining, possessing, transferring, using or attempting to obtain, possess, transfer or use, one or more identification documents or personal identification number of another person other than that issued lawfully for the use of the possessor.

      (b)   "Identification documents" has the meaning provided in K.S.A. 21-3830, and amendments thereto.

      (c)   Except as provided further, identity theft is a severity level 8, nonperson felony. If the monetary loss to the victim or victims is more than $100,000, identity theft is a severity level 5, nonperson felony.

      (d)   Identity fraud is:

      (1)   Willfully and knowingly supplying false information intending that the information be used to obtain an identification document;

      (2)   making, counterfeiting, altering, amending or mutilating any identification document:

      (A)   Without lawful authority; and

      (B)   with the intent to deceive; or

      (3)   willfully and knowingly obtaining, possessing, using, selling or furnishing or attempting to obtain, possess or furnish to another for any purpose of deception an identification document.

      (e)   Identity fraud is a severity level 8, nonperson felony.

      (f)   This section shall be part of and supplemental to the Kansas criminal code.

21-4502. Classification of misdemeanors and terms of confinement; possible disposition.

(1) For the purpose of sentencing, the following classes of misdemeanors and the punishment and the terms of confinement authorized for each class are established:

      (a)   Class A, the sentence for which shall be a definite term of confinement in the county jail which shall be fixed by the court and shall not exceed one year.

      (b)   Class B, the sentence for which shall be a definite term of confinement in the county jail which shall be fixed by the court and shall not exceed six months.

      (c)   Class C, the sentence for which shall be a definite term of confinement in the county jail which shall be fixed by the court and shall not exceed one month.

      (d)   Unclassified misdemeanors, which shall include all crimes declared to be misdemeanors without specification as to class, the sentence for which shall be in accordance with the sentence specified in the statute that defines the crime; if no penalty is provided in such law, the sentence shall be the same penalty as provided herein for a class C misdemeanor.

      (2)   Upon conviction of a misdemeanor, a person may be punished by a fine, as provided in K.S.A. 21-4503 and amendments thereto, instead of or in addition to confinement, as provided in this section.

      (3)   In addition to or in lieu of any other sentence authorized by law, whenever there is evidence that the act constituting the misdemeanor was substantially related to the possession, use or ingestion of cereal malt beverage or alcoholic liquor by such person, the court may order such person to attend and satisfactorily complete an alcohol or drug education or training program certified by the chief judge of the judicial district or licensed by the secretary of social and rehabilitation services.

      (4)   Except as provided in subsection (5), in addition to or in lieu of any other sentence authorized by law, whenever a person is convicted of having committed, while under 21 years of age, a misdemeanor under the uniform controlled substances act (K.S.A. 65-4101 et seq. and amendments thereto), K.S.A. 41-719, 41-727, 65-4152, 65-4153, 65-4154 or 65-4155 or 8-1599, and amendments thereto, the court shall order such person to submit to and complete an alcohol and drug evaluation by a community-based alcohol and drug safety action program certified pursuant to K.S.A. 8-1008 and amendments thereto and to pay a fee not to exceed the fee established by that statute for such evaluation. If the court finds that the person is indigent, the fee may be waived.

      (5)   If the person is 18 or more years of age but less than 21 years of age and is convicted of a violation of K.S.A. 41-727, and amendments thereto, involving cereal malt beverage, the provisions of subsection (4) are permissive and not mandatory.

21-4503a. Fines, crimes committed on or after July 1, 1993.

(a) A person who has been convicted of a felony may, in addition to the sentence authorized by law, be ordered to pay a fine which shall be fixed by the court as follows:

      (1)   For any off-grid felony crime or any felony ranked in severity level 1 of the drug grid as provided in K.S.A. 21-4705 and amendments thereto, a sum not exceeding $500,000.

      (2)   For any felony ranked in severity levels 1 through 5 of the nondrug grid as provided in K.S.A. 21-4704 and amendments thereto or in severity levels 2 or 3 of the drug grid as provided in K.S.A. 21-4705 and amendments thereto, a sum not exceeding $300,000.

      (3)   For any felony ranked in severity levels 6 through 10 of the nondrug grid as provided in K.S.A. 21-4704 and amendments thereto or in severity level 4 of the drug grid as provided in K.S.A. 21-4705 and amendments thereto, a sum not exceeding $100,000.

      (b)   A person who has been convicted of a misdemeanor, in addition to or instead of the imprisonment authorized by law, may be sentenced to pay a fine which shall be fixed by the court as follows:

      (1)   For a class A misdemeanor, a sum not exceeding $2,500.

      (2)   For a class B misdemeanor, a sum not exceeding $1,000.

      (3)   For a class C misdemeanor, a sum not exceeding $500.

      (4)   For an unclassified misdemeanor, any sum authorized by the statute that defines the crime. If no penalty is provided in such law, the fine shall not exceed the fine provided herein for a class C misdemeanor.

      (c)   As an alternative to any of the above fines, the fine imposed may be fixed at any greater sum not exceeding double the pecuniary gain derived from the crime by the offender.

      (d)   A person who has been convicted of a traffic infraction may be sentenced to pay a fine which shall be fixed by the court, not exceeding $500.

      (e)   A person who has been convicted of a cigarette or tobacco infraction shall be sentenced to pay a fine of $25.

      (f)   The provisions of this section shall apply to crimes committed on or after July 1, 1993.

 

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