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The following words, terms and phrases, when used in this title, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

“Act” includes a failure or omission to take action.

“Another” means a person other than the person whose act is claimed to be criminal.

“Conduct” means an act or series of acts, and the accompanying mental state.

“Conviction” includes a judgment of guilt entered upon a plea of guilty.

“Deception” means knowingly and willfully making a false statement or representation, express or implied, pertaining to a present or past existing fact.

“Deprive permanently” means to:

(1) Take from the owner the possession, use or benefit of his property, without an intent to restore such property;

(2) Retain property without intent to restore such property or with intent to restore such property to the owner only if the owner purchases or leases it back, or pays a reward or other compensation for its return; or

(3) Sell, give, pledge or otherwise dispose of any interest in property or subject it to the claim of a person other than the owner.

“Dwelling” means a building or portion thereof, a tent, a vehicle, or other enclosed space which is used or intended for use as a human habitation, home or residence.

“Forcible felony” means and includes any treason, murder, voluntary manslaughter, rape, robbery, burglary, arson, kidnapping, aggravated battery, aggravated sodomy and any other felony which involves the use or threat of physical force or violence against any person.

“Intent to defraud” means an intention to deceive another person, and to induce such other person, in reliance upon such deception, to assume, create, transfer, alter or terminate a right, obligation or power with reference to property.

“Law enforcement officer” means any person who by virtue of such person’s office or public employment is vested by law with a duty to maintain public order or to make arrests for crimes, whether that duty extends to all crimes or is limited to specific crimes, or any officer of the State Department of Corrections.

“Obtain” means to bring about a transfer of interest in or possession of property, whether to the offender or to another.

“Obtains or exerts control over property” includes, but is not limited to, the taking, carrying away, or the sale, conveyance or transfer of title to, interest in, or possession of property.

“Owner” means a person who has any interest in property.

“Personal property” means goods, chattels, effects, evidences of rights in action, and all written instruments by which any pecuniary obligation, or any right or title to property, real or personal, shall be created, acknowledged, assigned, transferred, increased, defeated, discharged or dismissed.

“Property” means anything of value, tangible or intangible, real or personal.

“Prosecution” means all legal proceedings by which a person’s liability for a crime is determined.

“Public employee” means a person employed by or acting for the State or by or for a county, municipality or other subdivision or governmental instrumentality of the State for the purpose of exercising their respective powers and performing their respective duties, and who is not a public officer.

“Public officer” means and includes the following, whether elected or appointed:

(1) An executive or administrative officer of the State, or a county, municipality or other subdivision or governmental instrumentality of or within the state;

(2) A member of the legislature or of a governing board of a county, municipality, or other subdivision of or within the state;

(3) A judicial officer, which shall include a judge of the district court, juror, master or any other person appointed by a judge or court to hear or determine a cause or controversy;

(4) A hearing officer, which shall include any person authorized by law or private agreement to hear or determine a cause or controversy and who is not a judicial officer;

(5) A law enforcement officer; and

(6) Any other person exercising the functions of a public officer under color of right.

“Real property” or “real estate” means every estate, interest and right in lands, tenements and hereditaments.

“Solicit” or “solicitation” means to command, authorize, urge, incite, request or advise another to commit a crime.

“Stolen property” means property over which control has been obtained by theft.

“Threat” means a communicated intent to inflict physical or other harm on any person or on property.

“Written instrument” means any paper, document or other instrument containing written or printed matter, or the equivalent thereof, used for purposes of reciting, embodying, conveying or recording information, and any money, token, stamp, seal, badge, trademark or other evidence or symbol of value, right, privilege or identification which is capable of being used to the advantage or disadvantage of some person. (Code 1981 § 15-2. Code 1995 § 54-1.)

Cross References:Definitions generally, TMC 1.10.020.

State Law References:Similar provisions, K.S.A. 22-2202.