WHAT IS THE LAW ON THEFT IN OLATHE MUNICIPAL COURT?

This is the current ordinance prohibiting theft in Olathe Municipal Court.  This ordinance is current as of 6/11/2021.

9.07.010 THEFT.

Theft is any of the following acts done with the intent to deprive the owner permanently of the possession, use or benefit of the owner’s property or services:

A. Obtaining or exerting unauthorized control over property or services;

B. Obtaining by deception control over property or services;

C. Obtaining by threat control over property or services;

D. Obtaining control over stolen property or services knowing the property, or services to have been stolen by another;

E. 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; or

F. Obtaining services by coercion, stealth, mechanical tampering, or use of false token or device.

G. Theft of property or services of the value of less than $1,500 is a Class A public offens except:

1. When the theft is of property or services of the value of at least $50 but less than $1,500 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;

2. When the theft is of property or services of the value of less than $1,500 from three (3) separate mercantile establishments within a period of seventy-two (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; or

3. When theft is of property which is a firearm.

In such cases theft is a felony under state statues.

H. Nothing herein shall prohibit the removal in a lawful manner, by towing or otherwise, of personal property unlawfully placed or left upon real property.

I. In any prosecution under this Section, the existence of any of the connections of meters, alterations or use of unauthorized or unmeasured electricity, natural gas, telephone service or cable television service, shall be prima facie evidence of intent to violate the provisions of this Section by the person or persons using or receiving the direct benefits from the use of the electricity, natural gas, telephone service or cable television service passing through such connections or meters, or using the electricity, natural gas, telephone service or cable television service which has not been authorized or measured.

J. As used in this Section:

1. “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. “Regulated scrap metal” means the same as in K.S.A. 50-6,109, and amendments thereto. If the property which is the subject of a theft is regulated scrap metal, “value” means the value of the property or the cost to restore the site of the theft of such regulated scrap metal to its condition at the time immediately prior to the theft of such regulated scrap metal, whichever is greater.

3. “Services” within the meaning of this Section, includes, but is not limited to, labor, professional service, cable television service, public or municipal utility or transportation service, telephone service, lodging, entertainment and the supplying of equipment for use.

4. “Tampering” within the meaning of this Section includes but is not limited to:

(a) Making a connection of any wire, conduit or device, to any service or transportation line owned by a public or municipal utility, or by a cable television provider;

(b) Defacing, puncturing, removing, reversing or altering any meter or any connections, for the purpose of securing unauthorized or unmeasured electricity, natural gas, telephone service or cable television services;

(c) Preventing any such meters from properly measuring or registering;

(d) Knowingly taking, receiving, using or converting to such person's own use, or the use of another, any electricity, or natural gas, which has not been measured; or any telephone or cable television service which has not been authorized; or

(e) Causing, procuring, permitting, aiding or abetting any person to do any of the preceding acts.