§ 5.42.080. Criminal deprivation of property  


Latest version.
  • (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. Nothing herein shall prohibit the removal in a lawful manner, by towing or otherwise, or personal property unlawfully placed or left upon real property.

    (b) Any person convicted of criminal deprivation of a motor vehicle, as defined in K.S.A. 8-1437 and amendments thereto, shall be guilty of a misdemeanor, and shall be sentenced as follows: upon a first conviction, a person shall be sentenced to not less than thirty days nor more than one year's imprisonment and fined not less than one hundred dollars. Upon a second or subsequent conviction a person shall be sentenced to not less than sixty days nor more than one year's imprisonment, and fined not less than two hundred dollars. 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.

    (c) Any person convicted of criminal deprivation of property that is not a motor vehicle, as defined in K.S.A. 8-1437, and amendments thereto, is guilty of a misdemeanor and shall be sentenced as follows: upon a first conviction, a person shall be sentenced to a fine not to exceed two thousand five hundred dollars or by imprisonment for not more than one year, or by both such fine and imprisonment. Upon a second or subsequent conviction, a person shall be sentenced to not less than thirty days imprisonment and fined not less one hundred dollars, except that the provisions of this section relating to a second or subsequent conviction shall not apply to any person where such application would result in a manifest injustice.

(Ord. No. 44-458 § 1)