FAQ

No. Kansas doesn't have a distinct shoplifting statute. Retail theft accusations are charged under the general theft law, K.S.A. 21-5801, which covers obtaining or exerting unauthorized control over property with intent to permanently deprive the owner of it.

It depends on the value of the merchandise. Theft of property valued under $1,500 is generally a class A nonperson misdemeanor. Theft valued at $1,500 to under $25,000 is a severity level 9 felony, $25,000 to under $100,000 is a severity level 7 felony, and $100,000 or more is a severity level 5 felony.

Yes, in certain situations. Kansas law allows theft under $1,500 to be charged as a severity level 9 felony if it involves three separate stores within a 72-hour period as part of a connected scheme, or if the accused person has two or more qualifying theft convictions within the past five years.

Not necessarily. The State must prove intent to permanently deprive the store of its property — not just that an item didn't get scanned. Self-checkout errors, distracted parents, malfunctioning machines, and payment confusion are all issues that can be raised in a defense, and they don't automatically amount to theft.

It's best to speak with a criminal defense attorney before making any statement to store employees, loss prevention, or law enforcement. Statements made to explain a mistake can sometimes be used later to argue intent.

Don't ignore it, but also don't assume paying it resolves the criminal case — the civil demand and the criminal charge are handled separately. Speak with an attorney before responding to a demand letter, trespass notice, or store ban.

K.S.A. 41-727 applies to anyone under 21 and covers more than just holding alcohol — it includes possessing, consuming, obtaining, purchasing, or attempting to purchase or obtain alcoholic liquor or cereal malt beverage.

Yes. Kansas law requires a driver's license suspension on conviction: 30 days for a first offense, 90 days for a second, and one year for a third or subsequent offense. This applies even if the young person doesn't currently hold a license.

No — the young person facing the charge is the client, even if a parent schedules the consultation and pays the fee. With the client's authorization (typically through a signed waiver), the attorney can still communicate with parents and keep them informed.

Yes. Someone 18 or older but under 21 is charged with a class C misdemeanor carrying a minimum $200 fine. Someone under 18 is handled through the juvenile justice system, where the court must order a fine between $200 and $500 upon adjudication.

An officer can request a preliminary breath test from someone under 21 if there are reasonable grounds to believe alcohol is involved. The result — or a refusal to test — may be admissible in court, but it isn't automatic proof of a violation.

Yes. Kansas law includes immunity provisions that can protect a person from prosecution under this statute if they sought medical assistance for themselves or someone else and cooperated with emergency responders and law enforcement, under the conditions set out in the statute.

K.S.A. 21-5839 covers a broad range of conduct, including accessing a computer, account, or network without authorization, exceeding the limits of authorization, damaging or altering digital property, copying or disclosing data, using a computer to commit fraud, and disclosing passwords without permission.

It's often the central issue in a computer crime case. The State may allege someone accessed a system with no permission at all, or that they had some permission but knowingly exceeded its limits — for example, using a work computer beyond an approved purpose, or a former employee retaining access after leaving a job. Shared devices and shared passwords can also raise real factual questions about authorization.

Yes. Cases can move to federal court when they involve interstate activity, federal agencies, financial institutions, large-scale fraud, protected computer systems, or conduct crossing state lines. Federal cases involve different procedures and often carry more serious stakes.

Don't delete files, change passwords, reset devices, or contact witnesses — actions taken out of fear can create additional legal problems even if you believe you're helping your own case. Speak with a criminal defense attorney before making any statement, especially if you receive a subpoena, search warrant, or interview request.

Yes, an allegation can still be brought, but shared devices and accounts often raise real questions about who actually performed the alleged conduct — questions a defense attorney can investigate through the digital evidence.