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Kansas Statutes Annotated

K.S.A. § 21-5803 (2026)

Criminal deprivation of property

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21-5803. Criminal deprivation of property. (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.

(3) Criminal deprivation of property other than a motor vehicle or a firearm is a class A nonperson misdemeanor. Upon a second or subsequent conviction of this paragraph, a person shall be sentenced to not less than 30 days imprisonment and fined not less than $100.

(4) The mandatory provisions of this subsection shall not apply to any person where such application would result in a manifest injustice.

(c) As used in this section, "motor vehicle" means the same as in K.S.A. 8-1437, and amendments thereto.

History: L. 2010, ch. 136, § 89; L. 2013, ch. 64, § 2; July 1.

Notes of Decisions
Cited in 11 cases (7 in the last 5 years), 2013–2025 · leading case: State v. James, 443 P.3d 1063 (Kan. 2019).
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State v. James, 443 P.3d 1063 (Kan. 2019). “See K.S.A. 2018 Supp. 21-5801 (theft, permanent deprivation); K.”
Palmerin v. Johnson Cnty., 524 F. App'x 431 (10th Cir. 2013). “See Kan. Stat. Ann. § 21-5803 . But even assuming (without deciding) that the conduct Mr.”
In re Grillot, 433 P.3d 671 (Kan. 2019). “While the respondent was not charged and convicted of any criminal offenses, the respondent's conduct rises to the level of criminal deprivation of property, in violation of K.S.A. 21-5803. Accordingly, the hearing panel concludes that the respondent violated KRPC 8.”
State v. Ingram, 469 P.3d 688 (Kan. Ct. App. 2020). · cites it 9× “While K.S.A. 2018 Supp. 21-5803 does not define the phrase "unauthorized control," our court has noted that the phrase has no technical definition outside of its common understanding and means "'control exercised over property of another without the consent of the owner.”
State v. Calvert, 564 P.3d 814 (Kan. Ct. App. 2025). “S.A. 2018 Supp. 21-5803(b)(1)(A) classified criminal deprivation of a motor vehicle as a misdemeanor for the first two convictions, but as a felony on the third 9 or subsequent conviction.”
Lynn (ID 64377) v. Willnauer, No. 5:19-cv-03117 (D. Kan. Apr. 13, 2021). · cites it 2× “A. § 21-5803 (Criminal Deprivation of Property) and K.”
Smith v. Howe, No. 2:24-cv-02376 (D. Kan. July 3, 2025). · cites it 2× “Plaintiff was charged in Johnson County with Criminal Deprivation of a Motor Vehicle with a Domestic Violence tag under K.S.A. § 21-5803(b)(1)(A). Ultimately, the criminal case against Plaintiff was dismissed for lack of probable cause.”
State v. Livengood, 487 P.3d 383 (Kan. Ct. App. 2021). “21-5801(a)(4) and, in the alternative, with temporarily obtaining or exerting control of property without the owner's authorization, a violation of K.S.A. 2017 Supp. 21-5803(a). Both charged crimes were misdemeanors.”
State v. Watts, 500 P.3d 1229 (Kan. Ct. App. 2021). “Following the preliminary hearing, the State amended Count II to a class A person misdemeanor and Count III to criminal deprivation of property, a class A nonperson misdemeanor, in violation of K.S.A. 2019 Supp. 21-5803(b)(1)(A). Watts ultimately agreed to enter a no-contest…”
Galindo v. Adrian, No. 2:22-cv-02414 (D. Kan. Mar. 14, 2024). “§ 21-5803 ); and Count VI(4) invokes the statute defining criminal threat ( Kan.”
State v. Calvert, 564 P.3d 814 (Kan. Ct. App. 2025). “S.A. 2018 Supp. 21-5803(b)(1)(A) classified criminal deprivation of a motor vehicle as a misdemeanor for the first two convictions, but as a felony on the third 9 or subsequent conviction.”
K.S.A. § 21-5803(a): 2 cases
State v. Ingram, 469 P.3d 688 (Kan. Ct. App. 2020). “While K.S.A. 2018 Supp. 21-5803 does not define the phrase "unauthorized control," our court has noted that the phrase has no technical definition outside of its common understanding and means "'control exercised over property of another without the consent of the owner.”
State v. Livengood, 487 P.3d 383 (Kan. Ct. App. 2021). “21-5801(a)(4) and, in the alternative, with temporarily obtaining or exerting control of property without the owner's authorization, a violation of K.S.A. 2017 Supp. 21-5803(a). Both charged crimes were misdemeanors.”
K.S.A. § 21-5803(b): 1 case
State v. Ingram, 469 P.3d 688 (Kan. Ct. App. 2020). “While K.S.A. 2018 Supp. 21-5803 does not define the phrase "unauthorized control," our court has noted that the phrase has no technical definition outside of its common understanding and means "'control exercised over property of another without the consent of the owner.”
K.S.A. § 21-5803(b)(1)(A): 5 cases
State v. Calvert, 564 P.3d 814 (Kan. Ct. App. 2025). “S.A. 2018 Supp. 21-5803(b)(1)(A) classified criminal deprivation of a motor vehicle as a misdemeanor for the first two convictions, but as a felony on the third 9 or subsequent conviction.”
State v. Ingram, 469 P.3d 688 (Kan. Ct. App. 2020). “While K.S.A. 2018 Supp. 21-5803 does not define the phrase "unauthorized control," our court has noted that the phrase has no technical definition outside of its common understanding and means "'control exercised over property of another without the consent of the owner.”
Smith v. Howe, No. 2:24-cv-02376 (D. Kan. July 3, 2025). “Plaintiff was charged in Johnson County with Criminal Deprivation of a Motor Vehicle with a Domestic Violence tag under K.S.A. § 21-5803(b)(1)(A). Ultimately, the criminal case against Plaintiff was dismissed for lack of probable cause.”
State v. Watts, 500 P.3d 1229 (Kan. Ct. App. 2021). “Following the preliminary hearing, the State amended Count II to a class A person misdemeanor and Count III to criminal deprivation of property, a class A nonperson misdemeanor, in violation of K.S.A. 2019 Supp. 21-5803(b)(1)(A). Watts ultimately agreed to enter a no-contest…”
State v. Calvert, 564 P.3d 814 (Kan. Ct. App. 2025). “S.A. 2018 Supp. 21-5803(b)(1)(A) classified criminal deprivation of a motor vehicle as a misdemeanor for the first two convictions, but as a felony on the third 9 or subsequent conviction.”
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