K.S.A. » Chapter 21
Kansas Statutes Annotated

K.S.A. § 21-5801 (2026)

Theft

✓ current as of May 2026
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21-5801. 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:

(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.

(b) Theft of:

(1) Property or services of the value of $100,000 or more is a severity level 5, nonperson felony;

(2) property or services of the value of at least $25,000 but less than $100,000 is a severity level 7, nonperson felony;

(3) property or services of the value of at least $1,500 but less than $25,000 is a severity level 9, nonperson felony, except as provided in subsection (b)(7);

(4) property or services of the value of less than $1,500 is a class A nonperson misdemeanor, except as provided in subsection (b)(5), (b)(6), (b)(7) or (b)(8);

(5) property of the value of 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 is a severity level 9, nonperson felony;

(6) property of the value of at least $50 but less than $1,500 is a severity level 9, nonperson felony if committed 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;

(7) property that is a firearm of the value of less than $25,000 is a severity level 9, nonperson felony; and

(8) property that is mail of the value of less than $1,500 from three separate locations 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 is a severity level 9, nonperson felony.

(c) As used in this section:

(1) "Conviction" or "convicted" includes being convicted of a violation of K.S.A. 21-3701, prior to its repeal, this section or a municipal ordinance which prohibits the acts that this section prohibits;

(2) "mail" means a letter, postal card, package or bag sent through the United States postal service or other delivery service, or any other article or thing contained therein;

(3) "regulated scrap metal" means the same as defined in K.S.A. 50-6,109, and amendments thereto;

(4) "remote service unit" means the same as defined in K.S.A. 9-1111, and amendments thereto, and includes, but is not limited to, automated cash dispensing machines and automated teller machines; and

(5) "value" means the value of the property or, if the property is regulated scrap metal or a remote service unit, the cost to restore the site of the theft of such regulated scrap metal or remote service unit to its condition at the time immediately prior to the theft of such regulated scrap metal or remote service unit, whichever is greater.

History: L. 2010, ch. 136, § 87; L. 2011, ch. 86, § 4; L. 2013, ch. 64, § 1; L. 2016, ch. 90, § 2; L. 2022, ch. 22, § 1; L. 2022, ch. 88, § 1; July 1.

Notes of Decisions
Cited in 86 cases (54 in the last 5 years), 2012–2026 · leading case: State v. Fisher, 373 P.3d 781 (Kan. 2016).
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State v. Fisher, 373 P.3d 781 (Kan. 2016). · cites it 2× “2d 770 (1991) (possession, exercise of dominion, control over property elements in determining ownership); see also K.S.A. 2015 Supp. 21-5801 (defining theft as taking property from "owner").”
State v. Potts, 374 P.3d 639 (Kan. 2016). · cites it 2× “K.S.A. 2012 Supp. 21-5801(a)(1). As the language of the burglary statute indicates, proof that the defendant completed a theft is not required for a conviction.”
State v. James, 443 P.3d 1063 (Kan. 2019). “See K.S.A. 2018 Supp. 21-5801 (theft, permanent deprivation); K.”
State v. Jenkins, 422 P.3d 72 (Kan. 2018). “in the commission of, attempt to commit, or flight from any inherently dangerous felony.”
State v. Watson, 484 P.3d 877 (Kan. 2021). “21-5927(a)(1)(B), and one count of felony theft, in violation of K.S.A. 2019 Supp. 21-5801(a)(2), after discovering Watson had submitted inaccurate times sheets as part of his employment with Best Choice Home Health Care Agency, a home health-care agency enrolled with Medicaid.”
Kansas ex rel. Gordon v. Oliver (In re Oliver), 547 B.R. 423 (Bankr. D. Kan. 2016). · cites it 6× “shall be guilty of theft and shall be punished in accordance with the provisions of K.S.A.2013 Supp. § 21-5801.... ” Section 21-5801 is a statute outlining the punishment for criminal theft.”
State v. Coleman, 460 P.3d 368 (Kan. 2020). · cites it 2× “The presentence investigation reports recommended a C criminal history score, based in part on Coleman's 1992 Kansas conviction for involuntary manslaughter that was scored as a person felony.”
State v. Jarmon, 419 P.3d 591 (Kan. 2018). “010, defining theft, would have added language similar to this instruction: "To establish that the defendant intended to commit a theft, each of the following claims must be proved: "Larry Farmer was the owner of the property. "The defendant exerted unauthorized control over the…”
State v. Berney, 353 P.3d 1165 (Kan. Ct. App. 2015). · cites it 3× “See K.S.A. 2014 Supp. 21-5801(b)(4), (b)(6). Based on Berney's criminal-history score of "A," the most serious category, the district court imposed a 15-month prison sentence.”
State v. Smith, 443 P.3d 360 (Kan. Ct. App. 2019). · cites it 2× “The court found Smith guilty of possessing a motorcycle stolen from Andrew Rodvelt and a scooter stolen from John Miller in violation of K.S.A. 2015 Supp. 21-5801 (theft). We look first at the motorcycle and then the scooter.”
State v. Henry, 461 P.3d 849 (Kan. Ct. App. 2020). · cites it 2× “Henry was charged and convicted of severity level 7 nonperson felony theft contrary to K.S.A. 2016 Supp. 21-5801(a)(1), (b)(2), which proscribes theft of at least $25,000 but less than $100,000.”
State v. Wilson, 552 P.3d 1228 (Kan. 2024). · cites it 2× “21-5824(a) (making a false information); K.S.A. 21-5801(a)(2), (b)(2) (theft by deception); K.”
Show all 86 citing cases →
— K.S.A. § 21-5801(a) — 6 cases
In re Stephenson, 298 P.3d 354 (Kan. 2013).
State v. Ruiz, 538 P.3d 828 (Kan. 2023).
State v. Cooper (Kan. 2026).
State v. Taylor (Kan. Ct. App. 2017).
State v. Shinn (Kan. Ct. App. 2020).
— K.S.A. § 21-5801(a)(1) — 36 cases
State v. Potts, 374 P.3d 639 (Kan. 2016). “K.S.A. 2012 Supp. 21-5801(a)(1). As the language of the burglary statute indicates, proof that the defendant completed a theft is not required for a conviction.”
State v. Henry, 461 P.3d 849 (Kan. Ct. App. 2020). “Henry was charged and convicted of severity level 7 nonperson felony theft contrary to K.S.A. 2016 Supp. 21-5801(a)(1), (b)(2), which proscribes theft of at least $25,000 but less than $100,000.”
State v. Ruiz (Kan. Ct. App. 2022).
State v. Nichols (Kan. Ct. App. 2024).
State v. Futrell, 387 P.3d 176 (Kan. Ct. App. 2016).
— K.S.A. § 21-5801(a)(1)(b)(3) — 1 case
State v. Cherry (Kan. Ct. App. 2025).
— K.S.A. § 21-5801(a)(2) — 10 cases
State v. Watson, 484 P.3d 877 (Kan. 2021). “21-5927(a)(1)(B), and one count of felony theft, in violation of K.S.A. 2019 Supp. 21-5801(a)(2), after discovering Watson had submitted inaccurate times sheets as part of his employment with Best Choice Home Health Care Agency, a home health-care agency enrolled with Medicaid.”
State v. Wilson, 552 P.3d 1228 (Kan. 2024). “21-5824(a) (making a false information); K.S.A. 21-5801(a)(2), (b)(2) (theft by deception); K.”
State v. Ward, 372 P.3d 417 (Kan. Ct. App. 2016).
State v. Ward (Kan. Ct. App. 2016).
State v. Taylor (Kan. Ct. App. 2017).
— K.S.A. § 21-5801(a)(4) — 7 cases
State v. Smith, 443 P.3d 360 (Kan. Ct. App. 2019). “The court found Smith guilty of possessing a motorcycle stolen from Andrew Rodvelt and a scooter stolen from John Miller in violation of K.S.A. 2015 Supp. 21-5801 (theft). We look first at the motorcycle and then the scooter.”
State v. Seamster (Kan. Ct. App. 2021).
State v. Livengood (Kan. Ct. App. 2021).
State v. Cox, 432 P.3d 109 (Kan. Ct. App. 2018).
State v. Shinn (Kan. Ct. App. 2020).
— K.S.A. § 21-5801(a)(4)(b)(2) — 3 cases
Ekeh v. Budget Truck Rental (D. Kan. 2025).
Ekeh v. Mitic (D. Kan. 2025).
Ekeh v. Penske Truck Rental (D. Kan. 2025).
— K.S.A. § 21-5801(a)(l) — 1 case
State v. Vandevelde (Kan. Ct. App. 2024).
— K.S.A. § 21-5801(b) — 2 cases
State v. Chenault (Kan. Ct. App. 2020).
State v. Cuevas (Kan. Ct. App. 2026).
— K.S.A. § 21-5801(b)(2) — 1 case
In re Thompson, 441 P.3d 1027 (Kan. 2019).
— K.S.A. § 21-5801(b)(3) — 4 cases
Kansas ex rel. Gordon v. Oliver (In re Oliver), 547 B.R. 423 (Bankr. D. Kan. 2016). “shall be guilty of theft and shall be punished in accordance with the provisions of K.S.A.2013 Supp. § 21-5801.... ” Section 21-5801 is a statute outlining the punishment for criminal theft.”
State v. Proctor, 280 P.3d 839 (Kan. Ct. App. 2012).
State v. Currie, 308 P.3d 1289 (Kan. Ct. App. 2013).
State v. Cuevas (Kan. Ct. App. 2026).
— K.S.A. § 21-5801(b)(4) — 4 cases
State v. Berney, 353 P.3d 1165 (Kan. Ct. App. 2015). “See K.S.A. 2014 Supp. 21-5801(b)(4), (b)(6). Based on Berney's criminal-history score of "A," the most serious category, the district court imposed a 15-month prison sentence.”
State v. Cuevas (Kan. Ct. App. 2026).
State v. Goodro (Kan. Ct. App. 2021).
State v. Calvert (Kan. 2026).
— K.S.A. § 21-5801(b)(5) — 1 case
State v. Smith (Kan. Ct. App. 2022).
— K.S.A. § 21-5801(b)(6) — 5 cases
State v. Coleman, 460 P.3d 368 (Kan. 2020). “The presentence investigation reports recommended a C criminal history score, based in part on Coleman's 1992 Kansas conviction for involuntary manslaughter that was scored as a person felony.”
State v. Berney, 353 P.3d 1165 (Kan. Ct. App. 2015). “See K.S.A. 2014 Supp. 21-5801(b)(4), (b)(6). Based on Berney's criminal-history score of "A," the most serious category, the district court imposed a 15-month prison sentence.”
State v. Calvert (Kan. Ct. App. 2025).
State v. Calvert (Kan. Ct. App. 2025).
State v. Calvert (Kan. 2026).
— K.S.A. § 21-5801(b)(7) — 1 case
State v. Taylor (Kan. Ct. App. 2017).
— K.S.A. § 21-5801(c)(5) — 1 case
State v. Brazda (Kan. Ct. App. 2026).
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