§ 22-26. Theft.

(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 which is of a value of less than $1,500.00:

(1)

Obtaining or exerting unauthorized control over property or services; or

(2)

Obtaining control over property or services, by deception; or

(3)

Obtaining control over property or services, by threat; or

(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.

(b)

In any prosecution for a violation of this section in which the object of the alleged theft is a book or other material borrowed from a library, it shall be prima facie evidence of intent to permanently deprive the owner of the possession, use or benefit thereof if the defendant failed to return such book or material within 30 days after receiving notice from the library requesting its return, in which case the subsequent return of the book or material within the 30-day period shall exempt such transaction from consideration as prima facie evidence as provided in this section. The word "notice" as used herein shall be construed to mean notice in writing and such notice in writing will be presumed to have been given three days following deposit of the notice as registered or certified matter in the United States mail, addressed to such person who has borrowed the library material at the address as it appears in the information supplied by such person at the time of such borrowing, or to such person's last known address.

(c)

The penalty for a violation of this section shall be a fine not exceeding $1,000.00, or imprisonment of a period not exceeding one year, or by both such fine and imprisonment.

(d)

Violation of this section is a Class A violation.

(Code 1973, § 14-202; Ord. No. 3670, 1-6-79; Ord. No. 4444, § 1, 9-15-87; Ord. No. 4758, § 1, 9-1-92; Ord. No. 6309, § 6, 12-2-02; Ord. No. 6439, § 1, 11-2-04; Ord. No. 7333, § 4, 12-19-17)

State law reference

Similar provisions, K.S.A. 21-3701.