Kansas Statutes
Article 58 - Crimes Involving Property
21-5813 Criminal damage to property; aggravated criminal damage to property.

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 any regulated scrap metal as defined in K.S.A. 2021 Supp. 50-6,109, and amendments thereto, or any items listed in K.S.A. 2021 Supp. 50-6,111(d), and amendments thereto, upon:
(1) Any building, structure, personal property or place used primarily for worship or any religious purpose;
(2) any building, structure or place used as a school or as an educational facility;
(3) any building, structure or place used by a non-profit or charitable business, corporation, firm, service or association;
(4) 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;
(5) any agricultural property or agricultural infrastructure;
(6) any construction, mining or recycling facility, structure or site;
(7) any utility, utility service, telecommunication, telecommunication service, cable or video service facility, property, building, structure, site or component thereof;
(8) any municipal, county or state building, structure, site or property;
(9) any residential, commercial, industrial or agricultural irrigation, sprinkler or watering system or component thereof;
(10) the infrastructure of any residence, building or structure;
(11) any historical marker, plaque or work of art;
(12) any vehicle or transportation building, facility, structure, site or property; or
(13) 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; July 1.

Structure Kansas Statutes

Kansas Statutes

Chapter 21 - Crimes And Punishments

Article 58 - Crimes Involving Property

21-5801 Theft.

21-5802 Theft of property lost, mislaid or delivered by mistake.

21-5803 Criminal deprivation of property.

21-5804 Prima facie evidence of intent to permanently deprive owner or lessor of possession, use or benefit of property.

21-5805 Unlawful acts involving theft detection shielding devices.

21-5806 Unlawful use of recordings.

21-5807 Burglary; aggravated burglary.

21-5808 Criminal trespass.

21-5809 Trespassing on railroad property.

21-5810 Criminal hunting.

21-5811 Commercial fossil hunting.

21-5812 Arson; aggravated arson.

21-5813 Criminal damage to property; aggravated criminal damage to property.

21-5814 Criminal use of an explosive.

21-5815 Criminal littering.

21-5816 Tampering with a landmark.

21-5817 Tampering with a traffic signal; aggravated tampering with a traffic signal.

21-5818 Trespassing on a critical infrastructure facility; aggravated trespassing on a critical infrastructure facility; criminal damage to a critical infrastructure facility; aggravated criminal damage to a critical infrastructure facility.

21-5819 Throwing or otherwise casting objects onto street, highway or railroad right-of-way or railroad property.

21-5820 Unlawful posting of political pictures and political advertisements.

21-5821 Giving a worthless check.

21-5822 Causing an unlawful prosecution for giving a worthless check.

21-5823 Forgery.

21-5824 Making false information.

21-5825 Counterfeiting.

21-5826 Destroying a written instrument.

21-5827 Altering a legislative document.

21-5828 Criminal use of a financial card.

21-5829 Unlawful manufacture or disposal of false tokens.

21-5830 Impairing a security interest.

21-5831 Warehouse receipt fraud.

21-5832 Unauthorized delivery of stored goods.

21-5833 Automobile master key violation.

21-5834 Sale of recut or regrooved tires.

21-5835 Unlawful acts concerning odometers.

21-5836 Unlawful acts concerning certificates of title.

21-5837 Adding dockage or foreign material to grain.

21-5838 Conducting a pyramid promotional scheme.

21-5839 Unlawful acts concerning computers.

21-5840 Counterfeiting currency.