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Kansas Statutes Annotated

K.S.A. § 21-5813 (2026)

Criminal damage to property; aggravated criminal damage to property

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21-5813. Criminal damage to property; aggravated criminal damage to property. (a) Criminal damage to property is by means other than by fire or explosive:

(1) Knowingly damaging, destroying, defacing or substantially impairing the use of any property in which another has an interest without the consent of such other person; or

(2) damaging, destroying, defacing or substantially impairing the use of any property with intent to injure or defraud an insurer or lienholder.

(b) Aggravated criminal damage to property is criminal damage to property, as defined in subsection (a)(1), if the value or amount of damage exceeds $5,000, committed with the intent to obtain:

(1) Currency upon a remote service unit as defined in K.S.A. 9-1111, and amendments thereto, including, but not limited to, any automated cash dispensing machine or automated teller machine; or

(2) any regulated scrap metal as defined in K.S.A. 50-6,109, and amendments thereto, or any items listed in K.S.A. 50-6,111(d), and amendments thereto, upon:

(A) Any building, structure, personal property or place used primarily for worship or any religious purpose;

(B) any building, structure or place used as a school or as an educational facility;

(C) any building, structure or place used by a non-profit or charitable business, corporation, firm, service or association;

(D) any grave, cemetery, mortuary or personal property of the cemetery or mortuary or other facility used for the purpose of burial or memorializing the dead;

(E) any agricultural property or agricultural infrastructure;

(F) any construction, mining or recycling facility, structure or site;

(G) any utility, utility service, telecommunication, telecommunication service, cable or video service facility, property, building, structure, site or component thereof;

(H) any municipal, county or state building, structure, site or property;

(I) any residential, commercial, industrial or agricultural irrigation, sprinkler or watering system or component thereof;

(J) the infrastructure of any residence, building or structure;

(K) any historical marker, plaque or work of art;

(L) any vehicle or transportation building, facility, structure, site or property; or

(M) any other building, structure, residence, facility, site, place, property, vehicle or any infrastructure thereof.

(c) Criminal damage to property if the property:

(1) Is damaged to the extent of $25,000 or more is a severity level 7, nonperson felony;

(2) is damaged to the extent of at least $1,000 but less than $25,000 is a severity level 9, nonperson felony; and

(3) damaged is of the value of less than $1,000 or is of the value of $1,000 or more and is damaged to the extent of less than $1,000 is a class B nonperson misdemeanor.

(d) Aggravated criminal damage to property is a severity level 6, nonperson felony.

(e) (1) As used in subsection (b):

(A) "Infrastructure" includes any fixture to, attachment upon or part of a residence, building or structure's framework, electrical wiring and appurtenances, plumbing or heating and air systems; and

(B) "site" includes any area, place or location set aside for specific use or uses, including, but not limited to, storage, staging, repair, sorting, transportation, planning or organization.

(2) Any of the items or locations listed in subsection (b) shall include the curtilage, adjoining land and any improvements thereupon.

(3) Nothing in subsection (b) shall be construed to require the:

(A) Construction or existence of any door, gate, fence, barrier or wall; or

(B) existence of notice, postings or signs to potential trespassers.

(f) In determining the amount of damage to property, damages may include the cost of repair or replacement of the property that was damaged, the reasonable cost of the loss of production, crops and livestock, reasonable labor costs of any kind, reasonable material costs of any kind and any reasonable costs that are attributed to equipment that is used to abate or repair the damage to the property.

History: L. 2010, ch. 136, § 99; L. 2015, ch. 96, § 9; L. 2022, ch. 22, § 2; July 1.

Notes of Decisions
Cited in 24 cases (13 in the last 5 years), 2013–2026 · 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 15× “But the defendant has demonstrated only a theoretical possibility that the jury could have rendered a different verdict, and a theoretical possibility is inadequate to demonstrate clear error meriting reversal of the defendant's attempted second-degree murder conviction.”
State v. Pollman, 441 P.3d 511 (Kan. Ct. App. 2019). · cites it 2× “The majority pallidly points out that discharging a firearm at an unoccupied vehicle sounds kind of like some actual statutory crimes, such as discharging a firearm at an occupied vehicle—the charge the prosecutor originally filed against Pollman in 2011—or discharging a firearm…”
State v. Green, 419 P.3d 83 (Kan. Ct. App. 2018). “21-5413(b)(1)(C) ; one count of criminal damage to property in violation of K.S.A. 2015 Supp. 21-5813(a)(1), (c)(3) ; one count of violation of a protective order in violation of K.”
State v. Warnke, 441 P.3d 1074 (Kan. Ct. App. 2019). · cites it 2× “Misdemeanor Criminal Damage to Property The State charged Warnke with criminal damage to property under K.S.A. 2016 Supp. 21-5813(a)(1), (c)(3), a class B misdemeanor.”
State v. Terrell, 485 P.3d 730 (Kan. Ct. App. 2021). · cites it 6× “See K.S.A. 2020 Supp. 21-5813(a)(1) and (c)(2).”
State v. Andazola, 538 P.3d 389 (Kan. Ct. App. 2023). · cites it 4× “Criminal damage to property under K.S.A. 2021 Supp. 21-5813(a)(1) "is by means other than by fire or explosive .”
State v. Jackson, 478 P.3d 796 (Kan. Ct. App. 2021). · cites it 3× “" K.S.A. 2018 Supp. 21-5813(a)(1). The severity of the crime is determined by the valuation of the damage done to the property.”
State v. Reed, 504 P.3d 1085 (Kan. Ct. App. 2022). · cites it 3× “See State v. Kemp, No. 119,069, 2019 WL 985427 , at *5 (Kan.”
State v. Sasser, No. 108149 (Kan. Mar. 31, 2017). · cites it 2× “" K.S.A. 2011 Supp. 21-5813(b)(2). If property "damaged is of the value of less than $1,000 or is the value of $1,000 or more and is damaged to the extent of less than $1,000," the crime "is a class B nonperson misdemeanor.”
State v. Jordan, 498 P.3d 185 (Kan. Ct. App. 2021). · cites it 2× “21-5807(b), a severity level 5 person felony; and criminal damage to property in violation of K.S.A. 2012 Supp. 21-5813(a)(2) and (b)(3), a class B nonperson misdemeanor.”
State v. Tregellas, 522 P.3d 806 (Kan. Ct. App. 2023). · cites it 2× “" Additionally, for a conviction of criminal damage to property under K.S.A. 2021 Supp. 21-5813, K.S.A. 2021 Supp.”
State v. Vallette, 583 P.3d 201 (Kan. Ct. App. 2026). · cites it 2× “Vallette was convicted of criminal damage to property under K.S.A. 2023 Supp. 21-5813(a)(1), (c)(3) for the counts in Cases 1 and 2.”
Show all 24 citing cases →
K.S.A. § 21-5813(a): 1 case
State v. Reed, 504 P.3d 1085 (Kan. Ct. App. 2022). “See State v. Kemp, No. 119,069, 2019 WL 985427 , at *5 (Kan.”
K.S.A. § 21-5813(a)(1): 17 cases
State v. Fisher, 373 P.3d 781 (Kan. 2016). “But the defendant has demonstrated only a theoretical possibility that the jury could have rendered a different verdict, and a theoretical possibility is inadequate to demonstrate clear error meriting reversal of the defendant's attempted second-degree murder conviction.”
State v. Green, 419 P.3d 83 (Kan. Ct. App. 2018). “21-5413(b)(1)(C) ; one count of criminal damage to property in violation of K.S.A. 2015 Supp. 21-5813(a)(1), (c)(3) ; one count of violation of a protective order in violation of K.”
State v. Warnke, 441 P.3d 1074 (Kan. Ct. App. 2019). “Misdemeanor Criminal Damage to Property The State charged Warnke with criminal damage to property under K.S.A. 2016 Supp. 21-5813(a)(1), (c)(3), a class B misdemeanor.”
State v. Terrell, 485 P.3d 730 (Kan. Ct. App. 2021). “See K.S.A. 2020 Supp. 21-5813(a)(1) and (c)(2).”
State v. Andazola, 538 P.3d 389 (Kan. Ct. App. 2023). “Criminal damage to property under K.S.A. 2021 Supp. 21-5813(a)(1) "is by means other than by fire or explosive .”
K.S.A. § 21-5813(a)(2): 1 case
State v. Jordan, 498 P.3d 185 (Kan. Ct. App. 2021). “21-5807(b), a severity level 5 person felony; and criminal damage to property in violation of K.S.A. 2012 Supp. 21-5813(a)(2) and (b)(3), a class B nonperson misdemeanor.”
K.S.A. § 21-5813(a)(l): 1 case
State v. Fisher, 373 P.3d 781 (Kan. 2016). “But the defendant has demonstrated only a theoretical possibility that the jury could have rendered a different verdict, and a theoretical possibility is inadequate to demonstrate clear error meriting reversal of the defendant's attempted second-degree murder conviction.”
K.S.A. § 21-5813(b)(2): 1 case
State v. Sasser, No. 108149 (Kan. Mar. 31, 2017). “" K.S.A. 2011 Supp. 21-5813(b)(2). If property "damaged is of the value of less than $1,000 or is the value of $1,000 or more and is damaged to the extent of less than $1,000," the crime "is a class B nonperson misdemeanor.”
K.S.A. § 21-5813(c): 1 case
State v. Terrell, 485 P.3d 730 (Kan. Ct. App. 2021). “See K.S.A. 2020 Supp. 21-5813(a)(1) and (c)(2).”
K.S.A. § 21-5813(c)(2): 2 cases
State v. Jackson, 478 P.3d 796 (Kan. Ct. App. 2021). “" K.S.A. 2018 Supp. 21-5813(a)(1). The severity of the crime is determined by the valuation of the damage done to the property.”
State v. Terrell, 485 P.3d 730 (Kan. Ct. App. 2021). “See K.S.A. 2020 Supp. 21-5813(a)(1) and (c)(2).”
K.S.A. § 21-5813(c)(3): 3 cases
State v. Rios, 493 P.3d 312 (Kan. Ct. App. 2021).
State v. Canseco, 564 P.3d 1275 (Kan. Ct. App. 2025).
State v. Vallette, 583 P.3d 201 (Kan. Ct. App. 2026). “Vallette was convicted of criminal damage to property under K.S.A. 2023 Supp. 21-5813(a)(1), (c)(3) for the counts in Cases 1 and 2.”
K.S.A. § 21-5813(f): 1 case
State v. Jackson, 478 P.3d 796 (Kan. Ct. App. 2021). “" K.S.A. 2018 Supp. 21-5813(a)(1). The severity of the crime is determined by the valuation of the damage done to the property.”
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