KSC, TITLE 13.  OFFENSES & PENALTIES
 
 
Chapter 4.  Offenses Against Property

Section 13.401.  Arson.
Section 13.402.  Reckless burning or exploding.
Section 13.403.  Burglary.
Section 13.404.  Cheating.
Section 13.405.  Embezzlement.
Section 13.406.  Grand larceny.
Section 13.407.  Larceny from a dwelling place.
Section 13.408.  Malicious mischief.
Section 13.409.  Petty larceny.
Section 13.410.  Receiving stolen goods.
Section 13.411.  Tampering with mail.
Section 13.412.  Trespass.
Section 13.413.  Unlawful issuance of bank check or draft.
Section 13.414.  Theft of services.

      Section 13.401.  Arson.
      Arson is starting a fire or causing an explosion with the purpose of:

     (1)  destroying a building or occupied structure of another; or

     (2)  destroying or damaging property, whether the offender's or another's to collect insurance for the loss.  Arson is a category two felony.

      Section 13.402.  Reckless burning or exploding.
      Reckless burning or exploding is starting a fire or explosion, whether on the offender's property or another's and thereby recklessly:

     (a)  placing another in danger of death or bodily injury; or

     (b)  placing a building or occupied structure of another in danger of damage or destruction. It is an affirmative defense that the conduct did not recklessly endanger a building or occupied structure of another, or place a person in danger of death or bodily injury.  If a building or structure is divided into separately occupied units, a unit not occupied by the offender is an occupied structure of another.  Property is that of another if anyone other than the defendant has a possessory or proprietary interest therein. Reckless burning or exploding is a category three felony.

      Section 13.403.  Burglary.
      Burglary is entering by force, stealth or trickery, the dwelling place or building of another with the intent to commit a felony, larceny, assault, or assault and battery therein. Burglary is a category one felony.

      Section 13.404.  Cheating.
      Cheating is obtaining the property or money of another by false pretenses, knowing the pretenses to be false, with the intent to deprive the owner of his property or money.  If the value of the property thus obtained is fifty dollars or more, cheating is a category one felony.  If the value of the property is less than fifty dollars, cheating is a category one misdemeanor.

      Section 13.405.  Embezzlement.
      Embezzlement is using, taking, or carrying away the personal property of another, without the owner's consent, and with the intent to convert it permanently to one's own use after having lawfully obtained possession of the personal property.  If the value of the property is fifty dollars or more, embezzlement is a category one felony.  If the value of the property is less than fifty dollars, embezzlement is a category one misdemeanor.

      Section 13.406.  Grand larceny.
      Grand larceny is stealing, taking, or carrying away the personal property of another, of the value of fifty dollars or more, without the owner's consent, and with the intent to convert it to one's own use.  Grand larceny is a category one felony.

      Section 13.407.  Larceny from a dwelling place.
      Larceny from a dwelling place is stealing, taking, or carrying away the personal property of another from the dwelling place of another, without the consent of the owner of the dwelling place or the owner of the personal property, and with the intent to convert the personal property to one's own use.  Larceny from a dwelling place is a category two felony.

      Section 13.408.  Malicious mischief.
      Malicious mischief is wilfully destroying, damaging, or injuring property belonging to another.  Malicious mischief is a category one misdemeanor.

      Section 13.409.  Petty larceny.
      Petty larceny is stealing, taking, or carrying away the personal property of another, the value of which is less than fifty dollars, without the owner's consent, and with the intent to convert it to one's own use.  Petty larceny is a category one misdemeanor.

      Section 13.410.  Receiving stolen goods.
      Receiving stolen goods is taking into possession property which the receiver knows to be stolen or embezzled, and converting the property to his own use or taking an action inconsistent with the rights of the owner.  Receiving stolen goods is a category two misdemeanor.

      Section 13.411.  Tampering with mail.
      Tampering with mail is wilfully opening, destroying, damaging, or taking into possession without the express or implied consent of the sender or addressee a postcard, letter, package, envelope or parcel entrusted by the sender to another for delivery to a third person.  This section does not apply to a person employed by a postal, government, or private courier service who acts in good faith in performance of his official duties.  Tampering with mail is a category three misdemeanor.

      Section 13.412.  Trespass.
      Trespass is entering, or causing an object to enter, the dwelling place, premises, or property of another without his express or implied consent, or entering with his consent and, following withdrawal of the consent, refusing to leave the dwelling place, premises, or property.  Trespass is a category two misdemeanor.

      Section 13.413.  Unlawful issuance of bank check or draft.
      Unlawful issuance of a bank check or draft is:

     (1)  The procuring of an article or thing of value for the payment of a past due obligation by making, drawing, uttering, or delivering a check, draft, or order for payment of money upon a bank or other depository, knowing at the time that the maker or drawer has not or will not have sufficient funds in, or credit with, the bank or other depository for payment in full upon its presentment of that check, draft, or order, if the value of the property thus obtained is fifty dollars or more, unlawful issuance of bank check or draft is a category three felony.  If the value of the property thus obtained is less than fifty dollars, unlawful issuance of bank check or draft is a category two misdemeanor.

     (2)  The making, drawing, uttering, or delivering by a maker or drawer of a check, draft, or order, payment of which is refused by the drawee because of insufficient funds of the maker or drawer in the drawee's possession or control, is prima facie evidence of knowledge of insufficient funds in, or credit with, that bank or other depository, unless the maker or drawer pays the holder the amount due within five days after receiving notice, orally or in writing, that the check, draft, or order was not paid on presentment.

     (3)  In this section the word "credit" means an arrangement or an understanding expressed or implied, with the bank or other depository for the payment of the check, draft, or order.

      Section 13.414.  Theft of services.

     (1)   A person commits theft if he purposely obtains services which he knows are available only for compensation, by deception or threat, or by false token or other means to avoid payment for the services.  "Services" includes labor, professional service, transportation, telephone or other public service, accommodation in hotels, restaurants, or elsewhere, admission to exhibitions, and use of vehicles or other movable property.

     (2)  A person commits theft if, having control over the disposition of services to other to which he is not entitled, he knowingly diverts such services to his own benefit or to the benefit of another not entitled thereto. Theft of services is a category three misdemeanor.

Background
Added by State Law 7-73.
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