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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. 2023 Supp. 50-6,109, and amendments thereto, or any items listed in K.S.A. 2023 Supp. 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.

Source or Prior Law:

21-3720.

CASE ANNOTATIONS

1. A resident of a house has, as a matter of law, "an interest" in an interior door of that house sufficient to support another's prosecution for criminal damage to that door. State v. Fisher, 304 Kan. 242, 261, 373 P.3d 781 (2016).

2. Defendant was not entitled to reversal of conviction for felony criminal damage to property because the district judge did not abuse discretion in admitting a lay witness' opinion on the value of damage to a victim's motorcycle. State v. Sasser, 305 Kan. 1231, 391 P.3d 698 (2017).


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