Kansas
Kansas Theft Laws: $1,500 Felony Line, Shoplifting and Penalties
Independently fact-checked against primary sources (last audited October 14, 2026). · 23 primary sources cited on this page. How we verify our legal content
In Kansas, theft becomes a felony when the property or services are worth "at least $1,500" (K.S.A. 21-5801(b)(3)), so property worth exactly $1,500 is a severity level 9 nonperson felony. Anything less than $1,500 is generally a class A nonperson misdemeanor, but the same statute makes some smaller thefts felonies. Four rules make it a severity level 9 felony: thefts from three stores within 72 hours, a third theft conviction in five years, a stolen firearm, and mail taken from three locations within 72 hours. Since July 1, 2026, theft of livestock (cattle or horses) or an implement of husbandry is a severity level 5 felony and theft of grain or hay is a severity level 6 felony, with no value requirement, and theft of a motor vehicle worth at least $500 but less than $1,500 is a severity level 10 felony. Kansas has no separate shoplifting crime; shoplifting is charged as theft. For other states, see our guide to theft laws by state.
Information last verified on 2026-10-14. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers Kansas state theft law in the Kansas Statutes Annotated: the theft statute (21-5801) and related property crimes in Chapter 21, Article 58, organized retail crime (21-5841), the penalty sections (21-6602, 21-6611 and the nondrug sentencing grid in 21-6804), and the civil shoplifting penalty in 60-3331. It does not cover federal theft offenses, city or county ordinances, or identity theft and fraud schemes, which have their own pages linked below.
What counts as theft in Kansas
Kansas folds the old larceny-type crimes into one offense. Under K.S.A. 21-5801(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":
- obtaining or exerting unauthorized control over property or services;
- obtaining control over property or services by deception;
- obtaining control over property or services by threat;
- obtaining control over stolen property or services "knowing, or having reason to know, the property or services were stolen from another" (wording effective July 1, 2026); or
- "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."
The criminal code defines "property" broadly as "anything of value, tangible or intangible, real or personal" (K.S.A. 21-5111(w)). For theft, "value" means the value of the property, except that for regulated scrap metal or a remote service unit (which includes ATMs) it is the value or the cost to restore the site of the theft, "whichever is greater" (21-5801(c)(4), (c)(5)).
Under K.S.A. 21-5804(a), certain conduct is prima facie evidence of intent to permanently deprive in a prosecution under 21-5801 through 21-5839, including "the giving of a false identification or fictitious name, address or place of employment" when obtaining the property, and "destroying, breaking or opening a lock, chain, key switch, enclosure or other device used to secure the property in order to obtain control over the property."
Kansas theft penalties by value
The value tiers come from 21-5801(b). Misdemeanor jail time comes from K.S.A. 21-6602(a)(1), fines from K.S.A. 21-6611, and felony prison ranges from the nondrug sentencing grid in K.S.A. 21-6804.
| Value of the property or services | Grade | Statutory penalty range |
|---|---|---|
| Less than $1,500 | Class A nonperson misdemeanor | Up to 1 year in county jail; fine up to $2,500 |
| At least $1,500 but less than $25,000 | Severity level 9 nonperson felony | Grid range 5 to 17 months; fine up to $100,000 |
| At least $25,000 but less than $100,000 | Severity level 7 nonperson felony | Grid range 11 to 34 months; fine up to $100,000 |
| $100,000 or more | Severity level 5 nonperson felony | Grid range 31 to 136 months; fine up to $300,000 |
Kansas has no "petty theft" or "grand theft" labels. The line is exact: $1,499.99 is a misdemeanor (unless one of the felony rules below applies) and $1,500 is a felony, because the felony tier is worded "at least $1,500" and the misdemeanor tier "less than $1,500." Since July 1, 2026, the level 7 and level 9 value tiers and the repeat-theft rule are subject to the livestock, implement of husbandry, grain and hay rules described below (21-5801(b)(2), (b)(3) and (b)(6) each cross-reference (b)(9) and (b)(10)).
How the Kansas sentencing grid works
Felony sentences are not a single number per class. Under K.S.A. 21-6804(b) and (c), the grid "represent[s] months of imprisonment" and is "a two-dimensional crime severity and criminal history classification tool": the row is the severity level of the crime and the column is the person's criminal history, from category A (three or more prior person felonies) down to category I (one misdemeanor or no record). For severity level 9, the grid blocks run from 5 to 7 months in category I up to 15 to 17 months in category A.
The grid also sets whether prison is presumed. Under 21-6804(f), a grid block below the dispositional line carries a presumptive disposition of nonimprisonment, and a block above it carries presumptive imprisonment. On the current grid, a severity level 9 or level 7 offense is presumptive imprisonment only in criminal-history categories A and B.
These grid figures are the ordinary presumptive ranges, not hard limits. The grid "defines presumptive punishments for felony convictions, subject to the sentencing court's discretion to enter a departure sentence" (21-6804(d)). Three other rules can push a theft sentence higher:
- Repeat felony theft. Under 21-6804(p)(1), the sentence for a felony theft under 21-5801 "when such person being sentenced has any combination of three or more prior felony convictions" for theft, burglary or aggravated burglary "shall be presumed imprisonment."
- Double-the-gain fines. As an alternative to the fine ceilings above, a fine "may be fixed at any greater sum not exceeding double the pecuniary gain derived from the crime by the offender" (21-6611(c)).
- Elder and dependent adult victims. Taking the property or financial resources of a person 60 or older or of a dependent adult can be charged as mistreatment of a dependent adult or an elder person under K.S.A. 21-5417, a person felony with its own, higher value ladder (see the table below).
When a misdemeanor theft becomes a felony in Kansas
Section 21-5801, as amended effective July 1, 2026, has seven rules that make a theft a felony even when the property is worth less than $1,500. Three of them (livestock or farm implements, grain or hay, and motor vehicles) were added in 2026.
| Rule | What the statute requires | Grade |
|---|---|---|
| Three stores in 72 hours (21-5801(b)(5)) | Property worth less than $1,500 "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" | Severity level 9 felony |
| Repeat theft (21-5801(b)(6)) | Property worth "at least $50 but less than $1,500" taken by a person who has, "within five years immediately preceding commission of the crime, excluding any period of imprisonment, been convicted of theft two or more times" | Severity level 9 felony |
| Firearm (21-5801(b)(7)) | "Property that is a firearm of the value of less than $25,000" | Severity level 9 felony |
| Mail (21-5801(b)(8)) | Mail worth less than $1,500 "from three separate locations within a period of 72 hours" as one act or a common scheme or course of conduct | Severity level 9 felony |
| Livestock or farm implement (21-5801(b)(9)) | "Property that is livestock or an implement of husbandry"; "livestock" means "cattle or horses," and "implement of husbandry" has the meaning in K.S.A. 8-126 | Severity level 5 felony, with no value requirement |
| Grain or hay (21-5801(b)(10)) | "Property that is grain or hay"; "grain" means "at least 400 bushels" of barley, corn, flaxseed, oats, rye, sorghum, soybeans, wheat, other covered grains and oilseeds, or a mix, and "hay" means "at least 20,000 pounds" of alfalfa, brome, clover or prairie hays or other plants harvested for forage | Severity level 6 felony, with no value requirement |
| Motor vehicle (21-5801(b)(11)) | "Property that is a motor vehicle of the value of at least $500 but less than $1,500" | Severity level 10 felony |
On the grid, severity level 10 runs from 5 to 13 months, level 6 from 17 to 46 months and level 5 from 31 to 136 months, depending on criminal history (21-6804). The Kansas Revisor of Statutes' online copy of 21-5801 had not yet been updated with the 2026 amendments as of October 2026; the wording quoted here comes from the enrolled 2026 acts (see Recent changes).
For the repeat rule, a prior "conviction" includes a conviction under the former theft statute, 21-3701, under 21-5801, "or a municipal ordinance which prohibits the acts that this section prohibits" (21-5801(c)(1)). A city-court theft conviction can therefore count toward the two priors.
Shoplifting and retail theft in Kansas
Kansas has no separate criminal shoplifting statute in its theft article. Taking merchandise from a store is charged as theft under 21-5801 and graded by value, with the three-stores-in-72-hours rule in (b)(5) and the repeat-theft rule in (b)(6) aimed squarely at small retail thefts.
Related retail offenses:
- Theft detection shielding devices. K.S.A. 21-5805 makes it unlawful to make or distribute a laminated or coated bag or device marketed to shield merchandise from theft alarm sensors; to possess such a bag "with the intent to commit theft"; to possess a tool designed to remove theft detection devices with intent to use it "without the permission of the merchant"; or to possess fraudulent retail sales receipts or universal product code labels, or the device that makes them, "with the intent to cheat or defraud a retailer." Possessing 15 or more such receipts or labels, or the device, creates a presumption of that intent. A violation "is a severity level 9, nonperson felony" (21-5805(e)).
- Burglary. Kansas burglary includes entering into or remaining within a building that is not a dwelling, "without authority," with intent to commit "a felony, theft, domestic battery, violation of a protection order or sexually motivated crime therein" (K.S.A. 21-5807(a)(2)(A)). That is a severity level 7 nonperson felony, or severity level 5 when the intent is the theft of a firearm (21-5807(c)(1)). Subsection (e) states that the section "shall not apply to any person entering into or remaining in a retail or commercial premises at any time that it is open to the public after having received a personal communication from the owner or manager of such premises not to enter such premises pursuant to K.S.A. 21-5808," except when the person intends to commit a person felony or sexually motivated crime there.
Kansas's general private-person arrest statute, K.S.A. 22-2403, lets someone who is not a law enforcement officer arrest another person when "any crime, other than a traffic infraction or a cigarette or tobacco infraction, has been or is being committed by the arrested person in the view of the person making the arrest," or when a felony has been or is being committed and the arrester has probable cause to believe the arrested person is guilty.
Organized retail crime
The 2024 Legislature created a separate felony for organized retail crime (2024 Session Laws ch. 86, Senate Substitute for HB 2144, sec. 2), now K.S.A. 21-5841. With intent to permanently deprive the owner, it covers:
- acting in concert with one or more other persons to "receive, purchase, sell or possess merchandise with an aggregate retail market value of $5,000 or more within a 12-month period, knowing or believing such merchandise to have been stolen";
- acting in concert with others to "take merchandise with an aggregate retail market value of $5,000 or more from one or more retailers within a 12-month period, as part of an organized plan to commit theft"; or
- "recruiting, coordinating, organizing, supervising, directing, managing or financing one or more other persons" to do either.
| Aggregate retail market value | Grade (21-5841(b)) |
|---|---|
| At least $5,000 but less than $25,000 | Severity level 6 nonperson felony |
| At least $25,000 but less than $100,000 | Severity level 5 nonperson felony |
| $100,000 or more | Severity level 4 nonperson felony |
"Aggregate retail market value" means "the total combined value of merchandise taken, at the price at which the merchandise would ordinarily be sold by the retailer through legitimate sale or distribution" (21-5841(d)(1)). A prosecution may be brought "in any county where at least $1 in aggregate retail market value of merchandise is taken, received, sold or purchased" (21-5841(c)). On the grid, severity level 6 runs from 17 to 46 months and level 4 from 38 to 172 months, depending on criminal history (21-6804).
Can a store demand money after shoplifting in Kansas?
Yes, within limits set by K.S.A. 60-3331. A merchant "may file a civil action to recover a civil penalty against any person who shoplifts from that merchant" (60-3331(a)). The statute fixes the amount:
| Situation | Civil penalty |
|---|---|
| Merchandise not recovered in merchantable condition | Twice the retail cost or $50, whichever is greater, but "in no case" more than $500 |
| Merchandise recovered in merchantable condition | $50 or 50% of the retail cost, whichever is greater, but "in no case" more than $350 |
| Unemancipated minor (claim against the parent) | The same penalty; $50 if the merchandise is recovered in merchantable condition |
Other rules in the same section:
- A conviction, guilty plea or juvenile adjudication "is not a prerequisite to the filing of a civil action" (60-3331(d)).
- Before suing, the merchant "shall demand" reimbursement of the civil penalty "in writing," and the demand "shall not contain a threat of criminal prosecution." A merchant whose demand threatens prosecution "shall be precluded from filing a civil action under this section and pursuing any other remedy at law or equity" (60-3331(e)).
- The prevailing party is entitled to reasonable attorney fees and costs, except in a final small claims judgment (60-3331(c)).
- For this civil act, "shoplift" covers removing merchandise from the premises, concealing it with intent to leave, altering or swapping a label or price tag, moving merchandise to another container, or disarming an alarm tag, when done without the merchant's consent and with intent to take the merchandise without paying or at less than its stated price (60-3331(g)).
The statute sets what a merchant can recover; a lawyer licensed in Kansas can advise on a specific demand letter.
Other theft offenses with their own grades
The Chapter 21, Article 58 index ("Crimes Involving Property") lists several theft-type offenses graded outside the 21-5801 ladder:
| Offense | K.S.A. | Grade |
|---|---|---|
| Theft of property lost, mislaid or delivered by mistake | 21-5802 | Class A misdemeanor under $1,000; severity level 9 felony at $1,000 to under $25,000; level 7 at $25,000 to under $100,000; level 5 at $100,000 or more |
| Criminal deprivation of property (temporary taking), motor vehicle | 21-5803(b)(1) | Class A misdemeanor, with mandatory minimum jail (30 days and a $100 fine on a first conviction, 60 days and $200 on a second); severity level 9 felony on a third or subsequent conviction |
| Criminal deprivation of property, firearm | 21-5803(b)(2) | Severity level 9 felony |
| Criminal deprivation of other property | 21-5803(b)(3) | Class A misdemeanor; at least 30 days and a $100 fine on a second or later conviction |
| Theft detection shielding devices and fraudulent receipts | 21-5805 | Severity level 9 felony |
| Giving a worthless check | 21-5821 | Class A misdemeanor under $1,000; level 9 felony at $1,000 to under $25,000 (or two prior worthless-check convictions in five years); level 7 at $25,000 or more |
| Criminal use of a financial card or gift card (gift-card conduct added July 1, 2026) | 21-5828 | Class A misdemeanor under $1,000 within a seven-day period; level 9 felony at $1,000 to under $25,000; level 7 at $25,000 or more |
| Organized retail crime | 21-5841 | Severity level 6, 5 or 4 felony by aggregate value |
Two offenses outside Article 58 also change the grade of a theft:
- Mistreatment of a dependent adult or an elder person (K.S.A. 21-5417(a)(2)): knowingly "taking the personal property or financial resources of a dependent adult or an elder person" through undue influence, deception, false pretense and similar means. "Elder person" means "a person 60 years of age or older" (21-5417(e)(3)). It is a class A person misdemeanor under $1,500 (a severity level 7 person felony if the person has two or more convictions under 21-5417 in the prior five years), a level 7 person felony at $1,500 to under $25,000, level 5 at $25,000 to under $100,000, level 4 at $100,000 to under $250,000, level 3 at $250,000 to under $1,000,000, and level 2 at $1,000,000 or more (21-5417(b)(2)).
- Burglary (21-5807), described above, when someone enters or remains in a building or vehicle without authority intending to steal.
Recent changes
- 2024: Senate Substitute for HB 2144 (2024 Session Laws ch. 86, approved April 24, 2024) created organized retail crime, now K.S.A. 21-5841 (history: "L. 2024, ch. 86, § 2; July 1"). The act also added organized retail crime to the Kansas racketeering definitions (21-6328) and allowed the attorney general to prosecute it when the conduct spans two or more counties (75-702).
- 2026: Three acts amended K.S.A. 21-5801 effective July 1, 2026: HB 2347 (L. 2026, ch. 2, approved February 5, 2026), 2026 HB 2413 (L. 2026, ch. 126) and the reconciling act, 2026 SB 430 (L. 2026, ch. 157). Together they added the livestock, implement of husbandry, grain, hay and $500-to-$1,500 motor vehicle felonies and changed the receiving element to "knowing, or having reason to know." HB 2347 also extended K.S.A. 21-5828 to gift cards, adding "acquiring or retaining possession of a gift card or gift card redemption information without the consent of the cardholder, gift card issuer or gift card seller" and "altering or tampering with a gift card." The Revisor's online copy of 21-5801 still showed the pre-2026 text as of October 2026.
- 2022: K.S.A. 21-5801 was amended by L. 2022, ch. 22 and ch. 88.
Related legal issues
- Theft by deception overlaps with fraud schemes covered in Kansas scam and fraud laws.
- Identity fraud has its own statutes, covered in Kansas identity theft laws.
- Whether a theft conviction can be cleared is covered in Kansas expungement laws.
- Time limits for filing charges are covered in the Kansas statute of limitations guide.
Federal theft offenses are covered on the theft laws by state hub.
Related
This article provides general legal information about Kansas theft law, not legal advice. Statutes change and their application depends on the facts. For advice about a specific situation, contact a lawyer licensed in Kansas.
Last updated: 2026-10-14.
Frequently Asked Questions
What is the felony theft threshold in Kansas?
Theft of property or services worth at least $1,500 but less than $25,000 is a severity level 9 nonperson felony under K.S.A. 21-5801(b)(3). Below $1,500, theft is generally a class A nonperson misdemeanor unless a repeat, multi-store, firearm, mail, livestock, farm implement, grain, hay or motor vehicle rule in 21-5801(b)(5) to (b)(11) applies (the last three added effective July 1, 2026).
Is stealing $1,500 a felony in Kansas?
Yes. The felony tier starts at at least $1,500, so property worth exactly $1,500 is a severity level 9 felony. Property worth $1,499 is a class A misdemeanor unless a rule in 21-5801(b)(5) to (b)(11) applies; for example, since July 1, 2026, a motor vehicle worth at least $500 but less than $1,500 is a severity level 10 felony.
What is petty theft in Kansas?
Kansas does not use the terms petty or grand theft. Theft under $1,500 is a class A nonperson misdemeanor (21-5801(b)(4)) unless one of the felony rules in 21-5801(b)(5) to (b)(11) applies, and a misdemeanor theft is punishable by up to one year in county jail (21-6602) and a fine of up to $2,500 (21-6611).
Is shoplifting a felony in Kansas?
Shoplifting is charged as theft under 21-5801 and graded by value, so it is a felony at $1,500 or more. It is also a severity level 9 felony when property under $1,500 is taken from three separate mercantile establishments within 72 hours as part of one scheme, or when the person has two or more theft convictions in the prior five years and the value is at least $50. Entering or remaining in a building without authority with intent to commit theft can separately be burglary under 21-5807.
Can a third theft be a felony in Kansas?
Yes. Theft of property worth at least $50 but less than $1,500 is a severity level 9 felony if the person was convicted of theft two or more times within the five years before the crime, excluding time in prison (21-5801(b)(6)). Municipal-ordinance theft convictions count.
Can a store make me pay a civil penalty for shoplifting in Kansas?
K.S.A. 60-3331 lets a merchant seek a civil penalty of twice the retail cost or $50, whichever is greater, up to $500, or up to $350 if the merchandise is recovered in merchantable condition. The merchant must first make a written demand that does not threaten prosecution, and no criminal conviction is required. A lawyer licensed in Kansas can advise on a specific letter.
What is organized retail crime in Kansas?
Under K.S.A. 21-5841, created in 2024, it covers acting in concert with others to take, receive, sell or possess stolen merchandise with an aggregate retail market value of $5,000 or more within 12 months, or directing or financing others to do so. It is a severity level 6, 5 or 4 felony depending on value.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Kansas Statutes Annotated, Chapter 21: CRIMES AND PUNISHMENTS
§ 21-5801Theft.In force
(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.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ksrevisor.gov
§ 21-5841Organized retail crime.In force
(a) Organized retail crime 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) Acting in concert with one or more other persons to: (A) Receive, purchase, sell or possess merchandise with an aggregate retail market value of $5,000 or more within a 12-month period, knowing or believing such merchandise to have been stolen; or (B) take merchandise with an aggregate retail market value of $5,000 or more from one or more retailers within a 12-month period, as part of an organized plan to commit theft; or (2) recruiting, coordinating, organizing, supervising, directing, managing or financing one or more other persons to undertake any of the acts described in paragraph (1).
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ksrevisor.gov
§ 21-6804Sentencing grid for nondrug crimes; authority and responsibility of sentencing court; presumptive disposition.In forcecited in 8 of our articles
(a) The provisions of this section shall be applicable to the sentencing guidelines grid for nondrug crimes. The following sentencing guidelines grid shall be applicable to nondrug felony crimes: (b) Sentences expressed in the sentencing guidelines grid for nondrug crimes represent months of imprisonment. (c) The sentencing guidelines grid is a two-dimensional crime severity and criminal history classification tool. The grid's vertical axis is the crime severity scale which classifies current crimes of conviction. The grid's horizontal axis is the criminal history scale which classifies criminal histories. (d) The sentencing guidelines grid for nondrug crimes as provided in this section defines presumptive punishments for felony convictions, subject to the sentencing court's discretion to enter a departure sentence. The appropriate punishment for a felony conviction should depend on the severity of the crime of conviction when compared to all other crimes and the offender's criminal history. (e) (1) The sentencing court has discretion to sentence at any place within the sentencing range.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ksrevisor.gov
Cited in 70 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Lamia-Beck (Supreme Court of Kansas 2024, 549 P.3d 1103)“…grid block for an offender classified in that grid block;" K.S.A. 21-6804(a), which holds Lamia-Beck's grid block…”
- State v. Smith (Court of Appeals of Kansas 2024)“…ts to the components of a "complete sentence" identified in K.S.A. 21-6804(e)(2): "the complete sentence . . . sha…”
- State v. Fleming (Supreme Court of Kansas 2018, 423 P.3d 506)“…rity level 3 person felony, in violation of K.S.A. 21-5420, K.S.A. 21-6804 and K.S.A. 21-6807 (aggravated r…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Kansas Security Camera Laws, Kansas Voyeurism Laws, Kansas Workplace Recording Laws
§ 21-6611Fines; crimes committed on or after July 1, 1993.In forcecited in 6 of our articles
(a) A person who has been convicted of a felony may, in addition to the sentence authorized by law, be ordered to pay a fine which shall be fixed by the court as follows: (1) For any off-grid felony crime, or any felony ranked in severity level 1 of the drug grid committed prior to July 1, 2012, or in severity levels 1 or 2 of the drug grid committed on or after July 1, 2012, as provided in K.S.A. 21-6805, and amendments thereto, a sum not exceeding $500,000; (2) for any felony ranked in severity levels 1 through 5 of the nondrug grid as provided in K.S.A. 21-6804, and amendments thereto, or in severity levels 2 or 3 of the drug grid committed prior to July 1, 2012, or in severity levels 3 or 4 of the drug grid committed on or after July 1, 2012, as provided in K.S.A. 21-6805, and amendments thereto, a sum not exceeding $300,000; and (3) for any felony ranked in severity levels 6 through 10 of the nondrug grid as provided in K.S.A. 21-6804, and amendments thereto, or in severity level 4 of the drug grid committed prior to July 1, 2012, or in severity level 5 of the drug grid committed on or after July 1, 2012, as provided in K.S.A.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ksrevisor.gov
Cited in 6 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Heinzman v. State (Court of Appeals of Kansas 2026)“…olation when, in fact, the maximum amount was $300,000. See K.S.A. 21-6611(a)(2). She also…”
- State v. Abell (Court of Appeals of Kansas 2026)“…hose two cases for the appropriate fines in compliance with K.S.A. 21-6611(a)(3), and for the district court to de…”
- State v. Washington (Court of Appeals of Kansas 2025)“…nclude fines, in addition to or instead of jail time, under K.S.A. 21-6611. Washington's argument misappl…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Kansas Audio Recording Laws, Kansas Smart Glasses Recording Laws (K.S.A. 21-6101), Kansas Recording Laws (2026): One-Party Consent Rules
§ 21-5805Unlawful acts involving theft detection shielding devices.In force
It shall be unlawful to: (a) Manufacture or distribute in any way a laminated or coated bag or device particular to and intentionally marketed for shielding and intended to shield merchandise from detection by electronic or magnetic theft alarm sensor; (b) possess any laminated or coated bag or device particular to and designed for shielding and intended to shield merchandise from detection by an electronic or magnetic theft alarm sensor, with the intent to commit theft; (c) possess any tool or device designed to allow the removal of any theft detection device from any merchandise with the intent to use such tool to remove any theft detection device from any merchandise without the permission of the merchant or person owning or holding such merchandise; or (d) possess one or more fraudulent retail sales receipts or universal product code labels or possessing the device which manufactures fraudulent retail sales receipts or universal product code labels with the intent to cheat or defraud a retailer.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ksrevisor.gov
§ 21-5803Criminal deprivation of property.In force
(a) Criminal deprivation of property is obtaining or exerting unauthorized control over property, with intent to temporarily deprive the owner of the use thereof, without the owner's consent but not with the intent of permanently depriving the owner of the possession, use or benefit of such owner's property. (b) (1) (A) Criminal deprivation of property that is a motor vehicle is a: (i) Class A nonperson misdemeanor, except as provided in subsection (b)(1)(A)(ii); and (ii) severity level 9, nonperson felony upon a third or subsequent conviction. (B) Upon a first conviction of subsection (b)(1)(A), a person shall be sentenced to not less than 30 days nor more than one year's imprisonment and fined not less than $100. Upon a second conviction of subsection (b)(1)(A), a person shall be sentenced to not less than 60 days nor more than one year's imprisonment and fined not less than $200. 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. (2) Criminal deprivation of property that is a firearm is a severity level 9, nonperson felony.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ksrevisor.gov
§ 21-5804Prima facie evidence of intent to permanently deprive owner or lessor of possession, use or benefit of property.In force
(a) In any prosecution under K.S.A. 21-5801 through 21-5839, and amendments thereto, the following shall be prima facie evidence of intent to permanently deprive the owner or lessor of property of the possession, use or benefit thereof: (1) The giving of a false identification or fictitious name, address or place of employment at the time of buying, selling, leasing, trading, gathering, collecting, soliciting, procuring, receiving, dealing or otherwise obtaining or exerting control over the property; (2) the failure of a person who leases or rents personal property to return the same within 10 days after the date set forth in the lease or rental agreement for the return of the property, if notice is given to the person renting or leasing the property to return the property within seven days after receipt of the notice, in which case the subsequent return of the property within the seven-day period shall exempt such transaction from consideration as prima facie evidence as provided in this section; (3) destroying, breaking or opening a lock, chain, key switch, enclosure or other device used to secure the property in order to obtain control over the property; (4) destruction of…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ksrevisor.gov
§ 21-5807Burglary; aggravated burglary.In force
(a) Burglary is, without authority, entering into or remaining within any: (1) (A) Dwelling, with intent to commit a felony, theft, domestic battery, violation of a protection order or sexually motivated crime therein; or (B) locked or secured portion of any dwelling, with intent to commit a felony, theft, domestic battery, violation of a protection order or sexually motivated crime therein; (2) (A) building, manufactured home, mobile home, tent or other structure which is not a dwelling, with intent to commit a felony, theft, domestic battery, violation of a protection order or sexually motivated crime therein; or (B) locked or secured portion of any building, manufactured home, mobile home, tent or other structure which is not a dwelling, with intent to commit a felony, theft, domestic battery, violation of a protection order or sexually motivated crime therein; or (3) vehicle, aircraft, watercraft, railroad car or other means of conveyance of persons or property, with intent to commit a felony, theft, domestic battery, violation of a protection order or sexually motivated crime therein.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ksrevisor.gov
Kansas Statutes Annotated, Chapter 60: PROCEDURE, CIVIL
§ 60-3331Civil penalty against shoplifter; parental liability for minor; amount; attorney fees and costs; demand for reimbursement; other remedies not precluded.In force
(a) Except as otherwise provided, a merchant may file a civil action to recover a civil penalty against any person who shoplifts from that merchant. If the merchant does not recover the merchandise in merchantable condition, the merchant shall be entitled to a civil penalty for an amount equal to twice the retail cost of the merchandise, or $50, whichever is greater, but in no case shall such civil penalty be more than $500. If the merchant recovers the merchandise in merchantable condition, the merchant shall be entitled to a civil penalty of $50 or 50% of the retail cost of the merchandise, whichever is greater, but in no case shall such civil penalty be more than $350. (b) Except as provided further, if the person who shoplifts is an unemancipated minor, the parent of such minor, shall be civilly liable pursuant to a civil action filed as authorized in subsection (a) in an amount of the civil penalty as prescribed in subsection (a). If the merchant recovers the merchandise in merchantable condition, the civil penalty against the parent, as provided in this subsection, shall be $50.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ksrevisor.gov
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Sources and References
- K.S.A. 21-5801, Theft(www.ksrevisor.gov).gov
- K.S.A. 21-5111, Definitions (Kansas Criminal Code)(www.ksrevisor.gov).gov
- K.S.A. 21-5804, Prima facie evidence of intent to permanently deprive(www.ksrevisor.gov).gov
- K.S.A. 21-6602, Classification of misdemeanors; sentences(www.ksrevisor.gov).gov
- K.S.A. 21-6611, Fines(www.ksrevisor.gov).gov
- K.S.A. 21-6804, Sentencing grid for nondrug crimes(www.ksrevisor.gov).gov
- Kansas sentencing guidelines grid for nondrug crimes (image published with K.S.A. 21-6804)(www.ksrevisor.gov).gov
- K.S.A. 21-5417, Mistreatment of a dependent adult or an elder person(www.ksrevisor.gov).gov
- K.S.A. 21-5805, Unlawful acts involving theft detection shielding devices(www.ksrevisor.gov).gov
- K.S.A. 21-5807, Burglary; aggravated burglary(www.ksrevisor.gov).gov
- K.S.A. 22-2403, Arrest by private person(www.ksrevisor.gov).gov
- 2024 Kansas Session Laws ch. 86 (Senate Substitute for HB 2144), organized retail crime(sos.ks.gov).gov
- K.S.A. 21-5841, Organized retail crime(www.ksrevisor.gov).gov
- K.S.A. 60-3331, Civil penalty against shoplifter(www.ksrevisor.gov).gov
- Kansas Statutes Annotated, Chapter 21 index (Article 58, Crimes Involving Property)(www.ksrevisor.gov).gov
- K.S.A. 21-5802, Theft of property lost, mislaid or delivered by mistake(www.ksrevisor.gov).gov
- K.S.A. 21-5803, Criminal deprivation of property(www.ksrevisor.gov).gov
- K.S.A. 21-5821, Giving a worthless check(www.ksrevisor.gov).gov
- K.S.A. 21-5828, Criminal use of a financial card(www.ksrevisor.gov).gov
- 2026 Senate Bill 430 (L. 2026, ch. 157), enrolled text, sec. 1 (K.S.A. 21-5801 as amended effective July 1, 2026)(kslegislature.gov).gov
- 2026 House Bill 2413 (L. 2026, ch. 126), enrolled text(kslegislature.gov).gov
- House Bill 2347 (L. 2026, ch. 2), enrolled text, secs. 7-8 (K.S.A. 21-5801, 21-5828)(kslegislature.gov).gov
- Kansas Revisor of Statutes, 2026 Composite Listing of New, Amended and Repealed Statutes(www.ksrevisor.gov).gov
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