Theft by Deception in Kansas
Theft by deception is a type of theft under Kansas law, K.S.A. 21-5801(a)(2). It happens when someone obtains control over another person's property or services by deception, with the intent to permanently deprive the owner of them. Like other theft charges in Kansas, the penalty depends mostly on the value of the property, and it ranges from a class A misdemeanor to a severity level 5 felony.
What Does the State Have to Prove?
To convict someone of theft by deception, the prosecution has to prove each element beyond a reasonable doubt:
Intent. The defendant intended to permanently deprive the owner of the property or services.
Control by deception. The defendant obtained control over the property or services by deception.
Actual deception and reliance. The victim was actually deceived and relied on the deception, in whole or in part, when giving up the property. The Kansas Supreme Court set out this requirement in State v. Saylor, 618 P.2d 1166 (Kan. 1980).
The third element matters more than people expect. It's not enough for the state to show that someone said something false. The state also has to show that a specific person believed it and handed over property because of it.
Theft by Deception Penalties in Kansas
The value of the property or services sets the classification:
Less than $1,500: Class A nonperson misdemeanor. Up to 1 year in county jail and a fine of up to $2,500.
$1,500 to less than $25,000: Severity level 9 nonperson felony. A possible prison range of 5 to 17 months and a fine of up to $100,000.
$25,000 to less than $100,000: Severity level 7 nonperson felony. A possible prison range of 11 to 34 months and a fine of up to $100,000.
$100,000 or more: Severity level 5 nonperson felony. A possible prison range of 31 to 136 months and a fine of up to $300,000.
For felonies, where a sentence falls inside that range depends on the defendant's criminal history under the Kansas sentencing guidelines. Criminal history and severity level also decide whether the guidelines presume probation or prison.
Some thefts under $1,500 can still be charged as a severity level 9 felony, including:
Property worth $50 to $1,500 when the person has two or more theft convictions in the past five years
Property taken from three separate stores within 72 hours, or as part of a common scheme
Common Defenses to Theft by Deception
Every case is different, but defenses usually start with the elements the state has to prove:
Intent: the state must prove the defendant intended to permanently deprive the owner. If that intent can't be shown, the charge fails.
No actual deception or reliance: if the alleged victim wasn't actually deceived, or didn't rely on the statement when handing over the property, a required element is missing.
Value: because value sets the severity level, how the property is valued can be the difference between a misdemeanor and a felony.
An attorney can look at the specific facts of your case for other issues, including problems with the evidence or how it was gathered.
Can a Theft by Deception Charge Be Kept Off Your Record?
Completing a diversion program can keep a theft charge from turning into a conviction on your record. If you were convicted, Kansas law may allow the record to be expunged once you meet the statute's requirements.
Frequently Asked Questions:
Is theft by deception a felony in Kansas?
It is a felony when the property or services are worth $1,500 or more. Below $1,500 it is usually a class A misdemeanor, but it can still be a felony in some cases, such as when the person has two or more theft convictions in the past five years.
What is the difference between theft and theft by deception?
Theft by deception is one of the ways theft can be committed under K.S.A. 21-5801. Instead of taking property without permission, the person gets the owner to hand it over by deceiving them.
What does the prosecution have to prove in a theft by deception case?
That the defendant obtained control over property or services by deception, intended to permanently deprive the owner, and that the victim was actually deceived and relied on the deception.
What is the penalty for theft by deception in Kansas?
It depends on value: under $1,500 is a class A misdemeanor (up to 1 year in jail), $1,500 to $25,000 is a severity level 9 felony, $25,000 to $100,000 is a severity level 7 felony, and $100,000 or more is a severity level 5 felony.
Talk to a Johnson County Theft Defense Attorney
If you’ve been charged with theft by deception in Johnson County, Roth Davies LLC can review the evidence against you and explain your options. Learn more about our Johnson County theft defense practice, or call (913) 451-9500 for a free consultation.