Chapter 21: Crimes And Punishments

PART II.--PROHIBITED CONDUCT

Article 37: Crimes Against Property

Statute 21-3705: Criminal deprivation of property. (a) Criminal deprivation of property is obtaining or exerting unauthorized control over property, with intent to deprive the owner of the temporary use thereof, without the owner's consent but not with the intent of depriving the owner permanently of the possession, use or benefit of such owner's property.

      (b)   Criminal deprivation of property that is a motor vehicle, as defined in K.S.A. 8-1437, and amendments thereto:

      (1)   Upon a first or second conviction is a class A nonperson misdemeanor. Upon a first conviction of this paragraph, a person shall be sentenced to not less than 30 days nor more than one year's imprisonment and fined not less than $100. Upon a second conviction of this paragraph, a person shall be sentenced to not less than 60 days nor more than one year's imprisonment and fined not less than $200. The person convicted shall not be eligible for release on probation, suspension or reduction of sentence or parole until the person has served the minimum mandatory sentence as provided herein. The mandatory provisions of this subsection shall not apply to any person where such application would result in a manifest injustice; and

      (2)   upon a third or subsequent conviction is a severity level 9, nonperson felony.

      (c)   Criminal deprivation of property other than a motor vehicle, as defined in K.S.A. 8-1437, and amendments thereto, is a class A nonperson misdemeanor. Upon a second or subsequent conviction of this subsection, a person shall be sentenced to not less than 30 days imprisonment and fined not less than $100, except that the provisions of this subsection relating to a second or subsequent conviction shall not apply to any person where such application would result in a manifest injustice.

      History:   L. 1969, ch. 180, § 21-3705; L. 1972, ch. 116, § 2; L. 1992, ch. 298, § 42; L. 1993, ch. 291, § 67; L. 1995, ch. 251, § 1; L. 1999, ch. 164, § 9; L. 2008, ch. 183, § 2; July 1.