21-3705. Criminal deprivation of property.
21-3705
21-3705. Criminal deprivation of property.(a) Criminal deprivation of property is obtaining or exertingunauthorized control over property, with intent to deprive the owner of thetemporary use thereof, without the owner's consent but not with the intent ofdepriving the owner permanently of the possession, use or benefit ofsuch owner's property.
(b) Criminal deprivation of property that is a motor vehicle, as definedin K.S.A. 8-1437, and amendments thereto:
(1) Upon a first or secondconviction is a class A nonperson misdemeanor.Upon a first conviction of this paragraph, a personshall be sentenced to not less than 30 days nor more than one year'simprisonment and fined not less than $100. Upon a secondconviction of this paragraph, a person shall besentenced to not less than 60 days nor more than one year's imprisonment andfined not less than $200. The person convicted shall not be eligible forrelease on probation, suspension or reduction of sentence or parole until theperson has served the minimum mandatory sentence as provided herein. Themandatory provisions of this subsection shall not apply to any person wheresuch application would result in a manifest injustice; and
(2) upon a third or subsequent conviction is a severity level 9, nonpersonfelony.
(c) Criminal deprivation of property other than a motor vehicle, asdefined inK.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 besentenced to not less than 30 days imprisonment and fined not less than $100,except that the provisions of this subsection relating to a second orsubsequent conviction shall not apply to any person where such applicationwould 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.