Embezzlement Law Kansas
Kansas' embezzlement law is clear. If you entrust a person with your property and he/she mismanages that property in order to benefit from it personally, then that is a violation of embezzlement laws Kansas. In a majority of instances, embezzlement invites federal-level prosecution and the punishment meted out is very severe. Even state-level prosecution invites serious penalties and hence it does not pay to embezzle money from anyone.
A White-Collar Crime
According to the embezzlement law Kansas, embezzlement is a white-collar crime involving out-and-out theft or misappropriation of funds from a person who could be anyone including an employee or someone else. For a person to be convicted of embezzlement in Kansas, it has to be proved that the victim and the culprit were in a fiduciary relationship and that the culprit gained access to the funds of the victim through this relationship.
What’s more, the culprit has to actually appropriate the funds and use them for their personal use or they may also have relayed the funds to someone who is not authorized to receive those funds. For the charges to stick, it is necessary to prove that the culprit acted with intent to embezzle.
Charges Can Be Very Complicated
It bears keeping in mind that embezzlement charges are often more complicated than one may believe. Thus, only an experienced attorney will be able to figure out the best defense. These attorneys have the experience to understand the complexities of an embezzlement case.
Statute of Limitations
Another thing to keep in mind regarding Kansas embezzlement laws is that this kind of crime is covered by a Statute of Limitations which states that the case must be prosecuted within two years. One of the instances, when this statute may be tolled, is when the defendant is an out of state person.
Kansas' embezzlement laws are very strict. The penalties levied on persons convicted of embezzlement in Kansas are governed by KS State Section 21-5801 (2014). Depending on the amount that was embezzled, the punishment for embezzlement in Kansas varies. Thus, if a person is convicted of embezzlement for a sum of 100, 000 dollars or more, then he/she will be charged with a severity 5 level charge which is a non-person felony. For the embezzlement of funds to the tune of between 25, 000 and 100, 000 dollars, you have to face a severity level 7 charge which is again a non-person felony.
Embezzling funds to a value of 1000 dollars to 25, 000 dollars means you will have to face a severity level 9 charge which is also a non-person felony. Embezzling funds of less than 1000 dollars is considered a class A non-person misdemeanor while if you are convicted of 3 different embezzlements to a value of under 1000 dollars and the 3 separate crimes were committed within 72 hours, then you will have to face a non-person severity level 9 charge.
If you have previously been convicted of at least 2 embezzlement charges and you again embezzle money for less than one thousand dollars, then you are going to have to face severity level 9 non-person felony charges. Embezzling a firearm valued at less than 25000 dollars is again a severity level 9 non-person felony.
The punishment given to an embezzler depends on how serious the crime is, the circumstances of the crime and the criminal history of the culprit as well as the part the victim played in the crime. The Class A level misdemeanor is the lowest level embezzlement and will be punished by prison terms of between 11 and 34 months as well as probation and fines and even restitution.