Kansas Laws on Misdemeanor and Felony Theft

In Kansas, the crime of theft covers a broad range of acts generally referred to as larceny, theft by deception, shoplifting, embezzlement, extortion, and receiving stolen property.

What Are Theft Crimes in Kansas?

In Kansas, it's theft any time someone, without authorization, takes control over property or services, intending to permanently deprive the owner of the possession, use, or benefit of their property or services. A person can take unauthorized control by physically taking the property, using deception or threats, or taking receipt of it knowing it's stolen.

When we think of theft, it's usually someone stealing a wallet, purse, or car. But the above definition of theft is much broader. It includes acts such as embezzling money from a company, tricking someone into wiring funds, accepting stolen goods, splicing cable from a neighbor, misappropriating funds from an elderly parent's bank account, or threatening not to return someone's property without compensation.

Also, the term "property" isn't limited to tangible, personal property (like the wallet example) but rather includes "anything of value, tangible or intangible, real or personal." An example of intangible real property would be title or interest in land or a house. Intangible personal property could include title to stock or rights to collect on an insurance policy.

(Kan. Stat. §§ 21-5111, 21-5801 (2025).)

How Kansas Classifies Theft Offenses

Kansas, like many states, classifies its theft offenses primarily according to the dollar value of the property or services involved in the offense. As the value of the stolen property or services increases, so does the severity of the criminal charges and resulting punishment.

For theft offenses involving regulated scrap metal, the value of the property includes the cost of repairing the site of theft. So, if a person steals copper pipe from a house or a catalytic converter from a car, the value isn't simply the worth of the scrap metal—it also includes repairs to the house or car. Stealing from ATMs also falls under this category, where repairs to the unit or site must be included.

(Kan. Stat. §§ 21-5801, 50-6,109 (2025).)

What Are the Penalties for Theft in Kansas?

Kansas only has four penalty levels for theft. Any theft involving $1,500 or more is a felony, but this threshold is lower if the person has prior theft convictions or steals certain items.

Kansas uses a sentencing grid for felony offenses. The grid provides a sentencing range based on the severity level of the offense and the offender's criminal history. Misdemeanors have a maximum penalty set in statute. In addition to possible incarceration and a fine, a person convicted of theft will typically be on the hook for restitution (compensation to the victim). Theft is a nonperson offense.

Class A Misdemeanor Theft

A person who steals property or services worth less than $1,500 faces a class A misdemeanor, punishable by up to one year in county jail and up to a $2,500 fine.

Severity Level 9 Felony Theft

It's considered a severity level 9 felony to:

• steal property or services valued between $1,500 and $25,000
• steal property or services valued between $50 and $1,500, having two or more prior theft convictions in the past five years
• steal a firearm (worth less than $25,000), or
• steal mail or packages (worth less than $1,500) from three separate locations within 72 hours.

The penalty for a severity level 9 felony ranges from 5 to 17 months' imprisonment and carries a fine up to $100,000.

Severity Level 7 Felony Theft

A person commits a severity level 7 felony by stealing property or services valued between $25,000 and $100,000.

Severity level 7 felonies carry a sentencing range of 11 to 34 months' imprisonment and a fine up to $100,000.

Severity Level 5 Felony Theft

When a theft involves property or services valued at $100,000 or more, the crime is considered a severity level 5 felony in Kansas.

The penalty for a severity level 5 felony ranges from 31 to 136 months' (just over 11 years) prison time and carries a fine up to $300,000.

(Kan. Stat. §§ 21-5801, 21-6602, 21-6604, 21-6611 (2025).)

What Are the Penalties for Shoplifting in Kansas?

Similar to most states, a person who shoplifts can face civil and criminal penalties in Kansas.

Criminal Penalties for Shoplifting

Shoplifting offenses fall under the general theft law, with penalties based on the value of the merchandise stolen.

For practical purposes, a one-time shoplifter will likely face a class A misdemeanor, as long as the stolen property is worth less than $1,500. But, for a repeat offender or shoplifting offense that involves pricier items, multiple stores, or the use of coated bags, alarm removers, or fraudulent receipts or labels, the penalty bumps up to a severity level 9 felony.

(Kan. Stat. § 21-5805 (2025).)

Civil Penalties for Shoplifting

In addition to possible criminal penalties, a shoplifter can be held civilly liable to the store owner for the following:

• if the merchandise is not returned in a sellable condition, a civil penalty equal to twice the retail cost or $50, whichever is greater, up to a maximum of $500
• if the merchandise is returned in a sellable condition, a civil penalty of $50 or 50% of the retail cost, whichever is greater, up to a maximum of $350 (the maximum is $50 if the offender is a minor), and
• the store owner's reasonable attorneys' fees and costs (unless the case stays in small claims court).

If the shoplifter is a minor, the minor's parents are liable for any civil penalties.

(Kan. Stat. § 60-3331 (2025).)

Talk to a Lawyer

If you're facing criminal charges for theft, contact a criminal defense attorney or ask for a public defender. An attorney can help you understand your rights and the consequences of a theft conviction. Even a conviction for misdemeanor theft can have long-lasting consequences. A criminal record will likely enhance any future sentencing decisions and can make it difficult to obtain a job or housing.