When Can You Be Convicted of Theft in Kansas?

The crime of theft is outlined in Section 21-5801 of the Kansas Statutes. With penalties including up to several years in prison and a $100,000 fine, individuals who are charged under Section 21-5801 need to do everything they can to avoid a conviction, and this starts with hiring an experienced Shawnee theft lawyer to represent them.

The Five Types of Theft Under Section 21-5801 of the Kansas Statutes

Under Section 21-5801, there are actually five separate forms of theft, all of which are potentially subject to the same penalties (with a few exceptions for theft crimes involving specific types of property). In Kansas, it is possible to be convicted of theft based upon proof of any of the following:

• Obtaining or exerting unauthorized control over property or services with intent to permanently deprive the owner of the possession, use or benefit of the owner’s property or services.
• Obtaining control over property or services by deception and with intent to permanently deprive the owner of the possession, use or benefit of the owner’s property or services.
• Obtaining control over property or services by threat and with intent to permanently deprive the owner of the possession, use or benefit of the owner’s property or services.
• Obtaining control over stolen property or services knowing that the property or services have been stolen and with intent to permanently deprive the owner of the possession, use or benefit of the owner’s property or services.
• Dispensing motor fuel at a gas station and leaving the premises without paying with intent to permanently deprive the owner of the gas station.

The bolded words in the list above highlight the unique element of each form of theft. In addition to proving this element of the offense, the other key element of a theft charge in Kansas is proof of “intent to permanently deprive the owner.” If you took something that was not yours and you did not intend to keep it permanently (or give it away or sell it, which would also “permanently deprive the owner”), then you are not guilty of theft. However, you could still potentially be guilty of another crime under Kansas law, so it is important to be extremely careful when asserting this type of defense.

Defenses to Theft Charges in Kansas

In addition to arguing lack of intent, there are various other ways to defend against a theft charge in Kansas as well. Some examples of additional possible defenses to theft under Section 21-5801 include:

• You believed you had paid for the property or that the property was rightfully yours;
• You believed you were authorized to use or borrow the property;
• With regard to obtaining control over stolen property, you did not know that the property was stolen;
• The police pulled you over or stopped you on the street without reasonable suspicion in violation of your Fourth Amendment rights; and,
• The police searched you or seized evidence without probable cause in violation of your Fourth Amendment rights.

Request a Free Consultation with Shawnee Theft Lawyer Jerry Merrill

Facing a theft charge in Kansas is a serious matter; and, if you have been charged, it is important that you speak with a lawyer immediately. To schedule a free consultation with Shawnee theft lawyer Jerry Merrill as soon as possible, call 913-381-2085 or request an appointment online now.