By LESLIE COLLINS
Northeast News
October 31, 2012 

Those caught with stolen property can now be prosecuted in Municipal Court.

Kansas City City Council passed the new ordinance during the Oct. 25 city council meeting and the ordinance is effective immediately.

“I think it will have a great impact,” said Sgt. Keith Ericsson of the East Patrol Property Crimes Section. “We’ll be able to pursue people who are getting off scott free in many of these cases we think they’re involved in.”

Previous cases involving a person receiving stolen property were either too difficult to prosecute at the state level or fell below the required property value set by state statute, said Ericsson.

To prosecute at the state level, the stolen property’s value must total $500 or more.

County prosecutors would decline cases that fell below the $500 mark, said Detective Paul Hartke of the Shoal Creek Property Crimes Section.

“They (county prosecutors) would decline the charge on those, and we would have no other charge to bring against somebody… Now that there’s a city ordinance for that, if it doesn’t meet the $500 or more dollar value for a state charge, we can send it to Municipal Court and it puts the offender into the system if they’re not already there,” Hartke said. And it starts to establish a paper trail and pattern if they continue to do it.”

In addition to meeting the monetary amount, state cases also require that prosecutors prove that a person knowingly received the stolen property. That requires a confession, Ericsson said.

While the city ordinance mirrors the state ordinance, it also includes more specifics for proving someone knowingly received stolen property, said City Council member Scott Wagner, who spearheaded the ordinance. Wording in the city ordinance allows prosecutors to prosecute without a confession, he said.

Criteria for violating the city ordinance includes a person who receives, detains or disposes of property that he or she knows or believes is stolen.

Evidence of violating the ordinance includes:

•A person found in possession or control of stolen property on separate occasions from two or more persons

•A person who receives stolen property from separate transactions within a year of one another

•A person who acquires stolen property that he or she knows is far below its reasonable value

•Obtaining control over stolen property, knowing the property is stolen, or under such circumstances as would reasonably induce a person to believe the property is stolen

If convicted, the punishment is a fine up to $1,000 and/or up to six months imprisonment.

Ericsson said the police department will use the ordinance to target individuals caught with stolen property on multiple occasions. They’re not targeting those who purchase items from pawn shops or garage sales, where items are often sold well below market value, he said.

To win a case, prosecutors will still have to prove beyond a reasonable doubt that the person knowingly received stolen property, Ericsson said. However, specifics in the city ordinance will help prosecutors prove their case, he said.

City Prosecutor Lowell Gard said the new ordinance “fills in the gaps” and will allow prosecutors to pursue cases that once fell through the cracks.