§ 22-76. Criminal deprivation.

(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 upon a first or second conviction is a class A violation. 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 $100.00. 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 $200.00. 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 persons where such application would result in a manifest injustice.

(c)

Criminal deprivation of property other than a motor vehicle or a firearm is a class A violation. 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 $100.00, except that the provision 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.

(Code 1988, § 22-40; Ord. No. 65498, § 12, 1-4-1990; Ord. No. 65883, § 7, 3-10-1994; Ord. No. 66173, § 4, 11-7-1996; Ord. No. O-48-15 , § 2, 8-13-2015)

State law reference

Similar provisions, K.S.A. 21-3705.