§ 22-73. Theft.

(a)

Theft is any of the following acts done with intent to permanently deprive the owner of the possession, use, or benefit of the owner's property or services:

(1)

Obtaining or exerting unauthorized control over property or services;

(2)

Obtaining control over property or services by deception;

(3)

Obtaining control over property or services by threat;

(4)

Obtaining control over stolen property or services knowing the property or services to have been stolen by another; or

(5)

Knowingly dispensing motor fuel into a storage container or the fuel tank of a motor vehicle at an establishment in which motor fuel is offered for retail sale and leaving the premises of the establishment without making payment for the motor fuel.

(b)

Theft of property or services of the value of less than $1,500.00 is a class A violation, except as provided below.

(1)

Property of the value of less than $1,500.00 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;

(2)

Property of the value of at least $50.00 but less than $1,500.00 if committed by a person who has, within five years immediately preceding commission of the crimes, excluding any period of imprisonment, been convicted of theft two or more times; and

(3)

Property which is a firearm of the value of less than $25,000.00.

(c)

As used in this section:

(1)

Conviction or convicted includes being convicted of a violation of K.S.A. 21-3701 prior to its repeal, this section or a municipal ordinance which prohibits the acts that this section prohibits;

(2)

Regulated scrap metal means the same as in K.S.A. 50-6,109, and amendments thereto; and

(3)

Value means the value of the property or, if the property is regulated scrap metal, the cost to restore the site of the theft of such regulated scrap metal to its condition at the time immediately prior to the theft of such regulated scrap metal, whichever is greater.

(Code 1964, § 23-37; Code 1988, § 22-36; Ord. No. 41078, § 1, 7-2-1957; Ord. No. 64163, § 1, 11-16-1982; Ord. No. 65341, § 1, 8-18-1988; Ord. No. 65498, § 8, 1-4-1990; Ord. No. O-90-05, § 1, 12-1-2005; Ord. No. O-36-13, § 2, 6-6-2013; Ord. No. O-48-15 , § 2, 8-13-2015; Ord. No. O-73-16 , § 1, 12-15-2016)

State law reference

Similar provisions, K.S.A. 21-3701.