A. Criminal deprivation of property is obtaining or exerting unauthorized control over property, with intent to deprive the owner of the temporary use thereof, without the owner’s consent but not with the intent of depriving the owner permanently of the possession, use or benefit of such owner’s property.

B. Criminal deprivation of property that is a motor vehicle, as defined in K.S.A. 8-1437 and amendments thereto, upon a first or second conviction is a Class A public offense. Upon a first conviction of this subsection, a person shall be sentenced to not less than thirty (30) days nor more than one (1) year’s imprisonment and fined not less than One Hundred Dollars ($100). Upon a second or subsequent conviction of this subsection, a person shall be sentenced to not less than sixty (60) days nor more than one year’s imprisonment and fined not less than Two Hundred Dollars ($200). The person convicted shall not be eligible for release on probation, suspension or reduction of sentence or parole until the person has served the minimum mandatory sentence as provided herein. The mandatory provisions of this subsection shall not apply to any person where such application would result in a manifest injustice.

C. Criminal deprivation of property other than a motor vehicle, as defined in K.S.A. 8-1437, and amendments thereto, is a Class A public offense. Upon a second or subsequent conviction of this subsection, a person shall be sentenced to not less than thirty (30) days imprisonment and fined not less than $100, except that the provisions of this subsection relating to a second or subsequent conviction shall not apply to any person where such application would result in a manifest injustice.

D. Criminal deprivation of property that is a firearm is a felony. (Ord. 14-63 § 8, 2014; Ord. 08-111 § 3, 2008; Ord. 00-45 § 1, 2000; Ord. 93-09 § 13, 1993; Ord. 83-75 § 2, 1983.)