2009 Kansas Code
Chapter 21 CRIMES AND PUNISHMENTS
Article 37 CRIMES AGAINST PROPERTY
21-3734. Impairing a security interest.

21-3734

Chapter 21.--CRIMES AND PUNISHMENTS PART II.--PROHIBITED CONDUCT Article 37.--CRIMES AGAINST PROPERTY

      21-3734.   Impairing a security interest. (a) Impairing a security interest is:

      (1)   Damaging, destroying or concealing any personal property subject to a security interest with intent to defraud the secured party;

      (2)   selling, exchanging or otherwise disposing of any personal property subject to a security interest without the written consent of the secured party, where such sale, exchange or other disposition is not authorized by the secured party under the terms of the security agreement; or

      (3)   failure to account to the secured party for the proceeds of the sale, exchange or other disposition of any personal property subject to a security interest, where such sale, exchange or other disposition is authorized and such accounting for proceeds is required by the secured party under the terms of the security agreement or otherwise.

      (b) (1)   Impairing a security interest is a severity level 7, nonperson felony when the personal property subject to the security interest is of the value of $25,000 or more and is subject to a security interest of $25,000 or more.

      (2)   Impairing a security interest is a severity level 9, nonperson felony when the personal property subject to the security interest is of the value of at least $1,000 and is subject to a security interest of at least $1,000 and either the value of the property or the security interest is less than $25,000.

      (3)   Impairing a security interest is a class A nonperson misdemeanor when the personal property subject to the security interest is of the value of less than $1,000, or of the value of $1,000 or more but subject to a security interest of less than $1,000.

      History:   L. 1969, ch. 180, § 21-3734; L. 1987, ch. 109, § 1; L. 1992, ch. 298, § 50; L. 1993, ch. 291, § 85; L. 1994, ch. 291, § 33; L. 1995, ch. 251, § 13; L. 2006, ch. 194, § 19; May 25.