21-3702. Prima facie evidence of intent to permanently deprive owner or lessor of possession, use or benefit of property.
21-3702
21-3702. Prima facie evidence of intent topermanently deprive owneror lessor of possession, use or benefit of property.(a) In any prosecution under this article, the following shall be prima facieevidence of intent to permanently deprive the owner or lessor of property ofthe possession, use or benefit thereof:
(1) The giving of a false identification or fictitious name, address orplace of employment at the time of obtaining control over the property;
(2) the failure of a person who leases or rents personal property to returnthe same within 10 days after the date set forth in the lease or rentalagreement for the return of the property, if notice is given to the personrenting or leasing the property to return the property within seven days afterreceipt of the notice, in which case the subsequent return of the propertywithin the seven-day period shall exempt such transaction from consideration asprima facie evidence as provided in this section;
(3) destroying, breaking or opening a lock, chain, key switch, enclosureor other device used to secure the property in order to obtain control over theproperty;
(4) destruction of or substantially damaging or altering the property soas to make the property unusable or unrecognizable in order to obtain controlover the property;
(5) the failure of a person who leases or rents from a commercial renter amotor vehicle under a written agreement that provides for the return of themotor vehicle to a particular place at a particular time, if notice has beengiven to the person renting or leasing the motor vehicle to return such vehiclewithin three calendardays from the date of the receipt or refusal of the demand. In addition, ifsuch vehicle has not been returned after demand, the lessor may notify thelocal law enforcement agency of the failure of the lessee to return such motorvehicle and the local law enforcement agency shall cause such motor vehicle tobe put into any appropriate state and local computer system listing stolenmotor vehicles; or
(6) the failure of a person who is provided with a use of a vehicle by theowner of the vehicle to return it to the owner pursuant to a writteninstruction specifying: (A) The time and place to return the vehicle; and (B)that failure to comply may be prosecuted as theft, and such instructions aredelivered to the person by the owner at the time the person is provided withpossession of the vehicle. In addition, if such vehicle has not been returnedpursuant to the specifications in such instructions, the owner may notify thelocal law enforcement agency of the failure of the person to return such motorvehicle and the local law enforcement agency shall cause such motor vehicle tobe put into any appropriate state and local computer system listing stolenmotor vehicles.
(b) In any prosecution for a misdemeanor under K.S.A. 21-3701 andamendments thereto in which the object of the alleged theft is a book orother material borrowed from a library, it shall be prima facie evidence ofintent to permanently deprive the owner of the possession, use or benefitthereof if the defendant failed to return such book or material within 30days after receiving notice from the library requesting its return, inwhich case the subsequent return of the book or material within the 30-dayperiod shall exempt such transaction from consideration as prima facie evidenceas provided in this section.
(c) The word "notice" as used herein shall be construed to mean notice inwriting and such notice in writing will be presumed to have been given threedays following deposit of the notice as registered or certified matter in theUnited States mail, addressed to such person who has leased or rented thepersonal property or borrowed the library material at the address as it appearsin the information supplied by such person at the time of such leasing, rentingor borrowing, or to such person's last known address.
History: L. 1969, ch. 180, § 21-3702;L. 1975, ch. 197, § 1;L. 1986, ch. 122, § 1;L. 1995, ch. 251, § 2;L. 2008, ch. 183, § 1; July 1.