Theft of property arkansas punishment

Theft of property arkansas punishment DEFAULT

Northwest Arkansas Theft Lawyers

Effective & Personalized Defense in Washington County & Benton County

If you are facing a theft charge, you need to understand that a conviction can result in a maximum jail sentence of one year and a fine of no more than $2,500 if it is a misdemeanor. If your theft charge is a felony you could face a lengthy prison sentence. You should take any theft charge seriously and hire an experienced attorney as quickly as possible.

If you don’t know what steps to take next, Attorney Doug Norwood and his legal team know what to do. They have helped over 35,000 people get great results. This includes well over a thousand people facing theft charges get their case dismissed, help them obtain not-guilty verdicts, stay out of jail, keep theft charges off their record or keep punishment as low as possible. Doug is a former prosecutor with 30 years of theft defense experience and the Norwood & Norwood, P.A. team has nearly 100 years of collective experience to help you obtain the most favorable outcome in your case. This has earned us hundreds of 5-star reviews and the people of Northwest Arkansas have voted us Best of NWA Criminal Lawyer, NWA Democrat-Gazette.

It is important to get an experienced attorney and plead not guilty. If you hire us to help you, you do not have to go to your first court appearance, unless it is a felony theft charge.

Our firm will use our decades of experience to fight to:

  • Get your theft charges dismissed
  • Keep your record clean
  • Keep you out of jail/prison
  • Keep you from going to court
  • Keep your fines low
  • Keep you off probation

Small Sample of Some of Our Theft Case Results

  • DISMISSED: Shoplifting(State v T.C)
  • DISMISSED: Theft by Receiving(State v M.B.)
  • DISMISSED: Forgery(State v C.M.)
  • DISMISSED: Fraud Use of Credit Card(State v E.N.)
  • DISMISSED: Residential Burglary(State v J.T.)
  • NOT GUILTY: Shoplifting(State v C.G)
  • Check out more theft case results below or by clicking here.

If you have been accused of committing a theft offense, you can expect to face serious criminal prosecution. The NWA theft attorneys at Norwood & Norwood, P.A. are here to protect you and fight for your rights and freedom. Our experienced criminal defense team has obtained thousands of case dismissals, and we are confident we can fight towards a great result in your case. When you schedule a free visit, we will present our reasonable fees and affordable payment plans, which include a low down payment (Visa/MasterCard/Discover accepted), and discuss your available legal options.

We have hundreds of five-star reviews. Check out our many client reviews to learn how we fight for our clients.

For aggressive legal help from Northwest Arkansas theft lawyers you can trust, call (479) 235-4600now and request a free office visit. We have offices in Bentonville, Fayetteville, Rogers, or Springdale.

Consult with our experienced legal team today if you are charged with:

  • Shoplifting
  • Theft
  • Forgery
  • Residential Burglary
  • Robbery
  • Fraudulent Use of Credit Card
  • Theft by Receiving
  • Hot Checks

Theft of Property Arkansas

Theft is the unlawful taking and carrying away of another person’s property without their consent. Several offenses fall under the category of theft, including larceny, burglary, shoplifting, robbery, fraud, embezzlement, and possessing or receiving stolen property.

In Arkansas, you can be charged for theft if you knowingly:

  • Took someone else’s property with the intent of depriving them of it
  • Exercised control over someone else’s property without authorization
  • Made a transfer of a property interest without permission
  • Took someone else’s property by threat or deception

Specific Theft Offenses in Arkansas

Arkansas law identifies several specific theft crimes, including:

  • Theft of trade secrets
  • Theft of scrap materials
  • Theft of rented or leased property
  • Theft by receiving
  • Theft of mislaid or lost property
  • Theft of recyclable materials
  • Theft of motor fuel
  • Theft of services
  • Unauthorized use of vehicles

Arkansas Classification & Penalization of Theft Crimes

Each state has its way of categorizing theft offenses, which helps determine the penalties for convictions. In Arkansas, the classification system is usually based on the value of the property or services taken.

The classes and penalties for theft include:

  • Class A misdemeanor theft – up to 1 year in prison and a maximum $2,500 fine
  • Class D felony theft – up to 6 years in prison and a maximum fine of $10,000
  • Class C felony theft – 3 to 10 years in prison and a maximum fine of $10,000
  • Class B felony theft – 5 to 20 years in prison and a maximum fine of $15,000

In some cases, the classification and punishment of theft are determined by more than the value of the stolen goods. Other factors considered include the type of goods that were taken or if the offense involved a serious threat.

Mount a Strong Defense Against Your Charges

If you have been charged and arrested for theft, it is not the end of the road. There is hope with a skilled criminal defense firm on your side. At Norwood & Norwood, P.A., we have what it takes to obtain the most favorable outcome in your case. No matter what type of charges you are facing, our Northwest Arkansas theft lawyers have the knowledge and resources to fight for you and build an effective defense plan.

Contact ustoday to schedule a free office visit. We are available to answer your call 24 hours a day.

Sours: https://www.dougnorwood.com/criminal-defense/theft/

Theft of property or services can result in criminal penalties, including incarceration and steep fines. In Arkansas, theft penalties range from a class A misdemeanor to a class B felony.

Under Arkansas law, theft occurs when a person knowingly:

  • takes another person's property with the intent of depriving the owner of the property
  • exercises unauthorized control over another person's property
  • obtains or diverts another's services without authorization or payment
  • makes an unauthorized transfer of a property interest, or
  • takes another person's property or services by deception or threat.

Arkansas laws also identify a number of very specific types of theft offenses, including:

  • theft of lost or mislaid property
  • theft of a trade secret
  • theft of motor fuel, and
  • theft of recyclable materials and scrap materials.

Arkansas' theft laws are very detailed. This article discusses the classifications that apply to theft of property and services. Be sure to check the state code for information on other theft categories. (Ark. Code Ann. §§ 5-36-101 to -124 (2020).)

Classification of Theft Crimes in Arkansas

In the state of Arkansas, theft offenses generally follow a classification system that is based on the dollar value of the property or services taken, the type of property stolen, or both. Penalties range from a Class A misdemeanor to a Class B felony.

Class A Misdemeanor Theft

Arkansas classifies a theft offense as a Class A misdemeanor (the lowest-level theft offense, sometimes called petty theft) if:

  • the value of the property or services stolen is $1,000 or less
  • the property has no market or replacement value but has value to the owner, or
  • the property is a decorative or memorial item from a cemetery.

Punishment for a Class A misdemeanor includes a sentence of imprisonment of no more than one year and payment of a fine of not more than $2,500.

Class D Felony Theft

Stolen property or services valued between $1,000 and $5,000 is classified as a Class D felony in Arkansas.

A theft also constitutes a Class D felony in Arkansas when:

  • the property is a credit or debit card or number
  • the property is a firearm valued at less than $2,500
  • the property value is between $100 and $500 and stolen during a state of emergency
  • the property is a decorative or memorial item from a cemetery and a repeat offense
  • the property is livestock worth more than $200
  • the property is a utility line or farm-related utility system, or
  • the property is oil or gas equipment valued at less than $1,000 and involved incidental damages or was taken across state lines.

Punishment for a Class D felony can result in a sentence of imprisonment of no more than six years and a fine no greater than $10,000.

Class C Felony Theft

Theft of property or services valued between $5,000 and $25,000 constitutes a Class C felony.

Additionally, theft rises to the level of a Class C felony in Arkansas when:

  • the stolen property is a firearm valued at $2,500 or more
  • the stolen property is building material valued at $500 or more
  • property worth more than $500 is stolen during a state of emergency
  • the property was obtained by threat, or
  • the property is oil or gas equipment valued between $1,000 and $5,000 and involved incidental damages or was taken across state lines.

A Class C felony theft conviction carries a sentence of three to 10 years in prison and a fine up to $10,000.

Class B Felony Theft

When theft involves property or services valued at $25,000 or more, the offense is a Class B felony in Arkansas.

Theft is also considered a Class B felony in Arkansas when the offense involves:

  • threat of serious bodily injury or destruction of another's home
  • threat to a person with whom the offender has a fiduciary or confidential relationship
  • property containing anhydrous ammonia in any form
  • public utility property valued at $500 or more, or
  • oil and gas equipment valued at more than $5,000.

A Class B felony theft offense under Arkansas law carries a sentence of five to 20 years' incarceration, as well as a fine of no more than $15,000.

(Ark. Code Ann. §§ 5-4-201, -401 (2020).)

Enhanced Penalties

In general, the Arkansas theft law provides for sentencing increases based on the circumstances of the crime, such as threats of harm or property stolen from utilities (as noted above). Additionally, the law contains the following enhancements.

Repeat Offenders

Arkansas's habitual offender laws don't apply to repeat theft offenses. However, a judge does take into consideration a defendant's record at the time of sentencing. Under the state Sentencing Grid, the presumptive (typical) sentence for a crime increases along with the offender's criminal history.

Theft During a State of Emergency

For 30 days after a state of emergency is declared, enhanced and mandatory penalties apply for theft of:

  • any equipment used to transmit electric power or telephone services, and
  • generators intended for use by hospitals, airports, public utilities, public safety agencies, and any other vital facility.

The law increases class A misdemeanors to class D felonies and requires a defendant to pay a fine of at least $5,000 and up to $50,000.

Shoplifting Penalties

A person who steals merchandise from a store or business establishments faces both criminal and civil penalties. Civil penalties are meant to deter shoplifters and compensate store owners for the costs incurred to prevent and "prosecute" (sue) shoplifters.

Criminal Penalties

Arkansas law does not have separate shoplifting penalties. The penalty classifications described above for theft of property apply to shoplifting.

Civil Penalties

A person who commits shoplifting (or the parent or legal guardian of a minor who commits shoplifting) can be held civilly liable to the store owner. The store owner must first send a written demand (letter) to the accused shoplifter requesting return of the property or its cash equivalent and a $200 penalty.

If the accused shoplifter does not answer the demand in 30 days, the store owner can bring a civil action against the accused shoplifter or, if the shoplifter is a minor, the parents, for:

  • damages in the amount of the retail value of the merchandise (if not returned) or the loss of retail value for returned items
  • a civil penalty of up to $1,000 (for adult offenders), and
  • court costs and attorneys' fees.

(Ark. Code Ann. § 16-122-102 (2020).)

Talk to a Lawyer

If you face theft charges, speak to a criminal defense lawyer. An attorney can protect your rights, help you navigate the criminal justice system, and explain any consequences of a plea deal or criminal record. Even if the charges are for petty or misdemeanor theft, the consequences of a criminal record can impact your ability to get employment, housing, or loans. It's best to consult an attorney before accepting any type of deal or civil settlement (in the case of shoplifting).

Sours: https://www.criminaldefenselawyer.com/resources/criminal-defense/crime-penalties/petty-theft-arkansas-penalties-defense
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2010 Arkansas Code
Title 5 - Criminal Offenses
Subtitle 4 - Offenses Against Property
Chapter 36 - Theft
Subchapter 1 - General Provisions
§ 5-36-103 - Theft of property.

5-36-103. Theft of property.

(a) A person commits theft of property if he or she knowingly:

(1) Takes or exercises unauthorized control over, or makes an unauthorized transfer of an interest in, the property of another person, with the purpose of depriving the owner of the property; or

(2) Obtains the property of another person, by deception or by threat, with the purpose of depriving the owner of the property.

(b) Theft of property is a:

(1) Class B felony if:

(A) The value of the property is two thousand five hundred dollars ($2,500) or more;

(B) The property is obtained by the threat of serious physical injury to any person or destruction of the occupiable structure of another person;

(C) The property is obtained by threat, and the actor stands in a confidential or fiduciary relationship to the person threatened;

(D) The property is:

(i) Anhydrous ammonia in any form; or

(ii) A product containing any percentage of anhydrous ammonia in any form;

(E)(i) The property is building material obtained from a permitted construction site and the value of the building material is five hundred dollars ($500) or more.

(ii) As used in subdivision (b)(1)(E)(i) of this section:

(a) "Building material" means lumber, a construction tool, a window, a door, copper tubing or wire, or any other material or good used in the construction or rebuilding of a building or a structure; and

(b) "Permitted construction site" means the site of construction, alteration, painting, or repair of a building or a structure for which a building permit has been issued by a city of the first class, a city of the second class, an incorporated town, or a county; or

(F) The value of the property is five hundred dollars ($500) or more and the theft occurred in an area declared to be under a state of emergency pursuant to proclamation by the President of the United States, the Governor, or the executive officer of a city or county;

(2) Class C felony if:

(A) The value of the property is less than two thousand five hundred dollars ($2,500) but more than five hundred dollars ($500);

(B) The property is obtained by threat;

(C) The property is a firearm valued at less than two thousand five hundred dollars ($2,500);

(D) The property is a:

(i) Credit card or credit card account number; or

(ii) Debit card or debit card account number;

(E) The property is livestock and the value of the livestock is in excess of two hundred dollars ($200); or

(F) The value of the property is at least one hundred dollars ($100) but less than five hundred dollars ($500) and the theft occurred in an area declared to be under a state of emergency pursuant to proclamation by the President of the United States, the Governor, or the executive officer of a city or county;

(3)(A) Class D felony if:

(i) The value of the property is five hundred dollars ($500) or less; and

(ii) The property was unlawfully obtained during a criminal episode.

(B) As used in subdivision (b)(3)(A)(ii) of this section, "criminal episode" means a series of thefts committed by the same person on three (3) or more occasions within three (3) days; or

(4) Class A misdemeanor if:

(A) The value of the property is five hundred dollars ($500) or less; or

(B) The property has inherent, subjective, or idiosyncratic value to its owner or possessor even if the property has no market value or replacement cost.

(c)(1) Upon the proclamation of a state of emergency by the President of the United States or the Governor or upon the declaration of a local emergency by the executive officer of any city or county and for a period of thirty (30) days following that declaration, the penalty for theft of property is enhanced if the property is:

(A) A generator intended for use by:

(i) A public facility;

(ii) A nursing home or hospital;

(iii) An airport;

(iv) A public safety device;

(v) A communication tower or facility;

(vi) A public utility;

(vii) A water system or sewer system;

(viii) A public safety agency; or

(ix) Any other facility or use providing a vital service; or

(B) Any other equipment used in the transmission of electric power or telephone service.

(2) As used in this subsection:

(A) "Public safety agency" means an agency of the State of Arkansas or a functional division of a political subdivision that provides:

(i) Firefighting and rescue;

(ii) Natural or man-caused disaster or major emergency response;

(iii) Law enforcement; or

(iv) Ambulance or emergency medical services; and

(B) "Public safety device" includes, but is not limited to, a traffic signaling device or a railroad crossing device.

(3) The penalty is enhanced as follows:

(A)(i) The fine for the offense shall be at least five thousand dollars ($5,000) and not more than fifty thousand dollars ($50,000).

(ii) The fine is mandatory; and

(B) The offense is a Class D felony if it would have been a Class A misdemeanor.

Disclaimer: These codes may not be the most recent version. Arkansas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

Sours: https://law.justia.com/codes/arkansas/2010/title-5/subtitle-4/chapter-36/subchapter-1/5-36-103
Hardware Store Cashier Arrested for Felony Theft [Little Rock, Arkansas]

Springdale Theft/Shoplifting Lawyer

There are several offenses that fall under the umbrella of theft, including shoplifting. Certain crimes of theft are charged as misdemeanors, while others may be charged as felonies. Whether the charge is a misdemeanor or felony typically depends on the value of the item(s) stolen. A charge for shoplifting can be serious, and the consequences of these charges can have lasting impacts, including a criminal conviction, possible jail time, and limitations on future employment opportunities.

If you have been arrested for shoplifting or theft, remember the police and prosecutors are not on your side. You should not talk to the police or make statements, as this information will be used against you. It is critical that you retain an experienced criminal defense attorney to evaluate your case and possible defenses. Many times, the police ignore or miss important evidence needed to convict you.

At the Law Office of Jason M. Hatfield, P.A. our attorneys fight aggressively on behalf of our clients, working to protect your legal rights. We urge you to contact our Springdale, Arkansas criminal defense law firm for a free consultation today at 479-361-3575. You don’t have to go at it alone.

Types of Shoplifters

Shoplifting is more impulsive than compulsive. Research says most shoplifters age out by the time they reach 25 years old. Almost one in every ten people walking out of a cash-and-carry store has stolen something. Most people steal only things that are considered “okay” to be stolen, such as tasting grapes or dry fruit while walking down an aisle. However, juveniles or college students are known to go overboard in trying their luck looking for a thrill or to impress their friends to see if they can get by the surveillance cameras, anti-theft packaging, and guards undetected. Other shoplifting is born out of desperation or perceived necessity.

No matter the motivation, shoplifting may carry harsh penalties impacting your future. If you are charged with shoplifting, you need an experienced criminal defense lawyer in your corner.

Misdemeanor and Felony Shoplifting

Shoplifting is a type of theft where people intentionally or unintentionally steal a product. It may be considered a minor offense, but punishment depends upon the value of the stolen goods. There are varying degrees of shoplifting that can raise to the level of a felony.

Some lower value commonly shoplifted may include:

  • Cheap decor items;
  • Candy or chocolate;
  • Costume jewelry; and
  • Small electronics such as phone chargers.

Some of the high-value items frequently shoplifted may include:

  • Jewelry;
  • Smartphones;
  • Electronics;
  • Designer clothing; and
  • Shoes.

If you have been charged with shoplifting or theft and face potential penalties, fear not. With the help of a seasoned criminal defense lawyer, you can be well protected. Our criminal defense attorneys know that anyone can make a bad decision on a particular day and it is our job to work to ensure that mistake won’t haunt you for the rest of your life.

Person about to shoplift a bar of chocolate

Theft and Shoplifting Penalties in Arkansas

Under Arkansas law, there is a presumption that you stole an item if you concealed on your person an unpurchased item that is offered for sale by a store or business. If you are caught shoplifting in Springdale, it is legal for the store to detain you in a “reasonable manner” and for a “reasonable length of time.” If you are charged with shoplifting or theft, the facts surrounding the reasonableness of the detention may be important for your defense.

Class A Misdemeanor – Theft/Shoplifting

Under Arkansas law, the lowest category of criminal charges for shoplifted property valued at $1,000 or less. Items valued at $1,000 or below are charged as a Class A Misdemeanor. The offense is punishable by imprisonment of up to 1 year and a fine of up to $2,500.

Class D Felony – Theft/Shoplifting

Arkansas law states that shoplifted property valued between $1,000 to $5,000 may be charged as a Class D Felony.

There are other items that if shoplifted will be charged as a Class D Felony even if the value of that property is not between $1,000 and $5,000. Those items include:

  • Livestock valued at $200 or above;
  • An item valued at $100 to $500, but was shoplifted during a state of emergency;
  • A firearm valued below $2,500; or
  • A utility line or a farm’s utility system (Ark. Code Ann. § 5-36-103).

A Class D Felony theft charge for shoplifting may be punished by up to 6 years in prison and a fine of up to $10,000.

Class C Felony – Theft/Shoplifting

Under Arkansas law, if shoplifted items are valued between $5,000 and $25,000, a shoplifter may be charged with a Class C Felony for theft. A Class C Felony is a more severe offense than a Class D Felony, so it carries a harsher punishment than the former. The punishment includes imprisonment from 3 to 10 years with fines up to $10,000.

Class B Felony – Theft/Shoplifting

Stolen or shoplifted items valued at or above $25,000 may be charged as a Class B Felony offense. There are also some items that if shoplifted are considered Class B Felony offenses regardless of their dollar value. These include:

  • Property obtained by threat of serious bodily injury;
  • Property obtained by threat to a person if the parties involved are in a fiduciary or other confidential relationship (agents and principals, attorneys and clients, trustees and beneficiaries, executors and heirs, guardians and wards, parent and child, etc.);
  • Property containing anhydrous ammonia in any form; or
  • Public utility property valued at $500 or more (includes stealing another person’s cable or electricity).

Class B felonies for shoplifting are punishable by 5 to 20 years in prison with fines up to $15,000.

Experienced Shoplifting and Theft Attorneys in Springdale, AR

Whatever the degree of the theft or shoplifting offense, the repercussions could last a lifetime by damaging your reputation and hindering your ability to get a job or maintain a career. In addition to the fines and punishment increasing with the value of the items that were shoplifted, punishments may also be more severe if you have previous criminal convictions.

If you, your child or a relative has been charged for shoplifting or theft, contact the Law Office of Jason M. Hatfield, P.A. at 479-361-3575 to schedule your free, no-obligation consultation. Our professional, experienced criminal defense attorneys will explain the charges and your rights and devise the best plan of action for you and your case.

Sours: https://www.jhatfieldlaw.com/springdale/theft-shoplifting-lawyer/

Property punishment arkansas of theft

If you're looking for a Arkansas online theft class, it's important to know your Arkansas theft laws. This can help you understand more about your offense.

Please note that the Arkansas theft laws displayed on this page are to help you to understand your local Arkansas theft, shoplifting and stealing laws. While we have tried to show the latest version of Arkansas theft laws, we do not guarantee its accuracy. This page is not a replacement for legal advice from an attorney. It is in your best interest that you find an appropriate attorney for more information about Arkansas theft laws.

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Arkansas Theft Laws

5-36-101. Definitions.

As used in this chapter:

(1) "Article" means any object, material, device, or substance or copy of an object, material, device, or substance, including any writing, record, recording, drawing, sample, specimen, prototype, model, photograph, microorganism, blueprint, or map;

(2) "Copy" means any facsimile, replica, photograph, or other reproduction of an article, and any note, drawing, or sketch made of or from an article;

(3) (A) "Deception" means:

(i) Creating or reinforcing a false impression, including a false impression of fact, law, value, or intention or other state of mind that the actor does not believe to be true;

(ii) Preventing another person from acquiring information that would affect his or her judgment of a transaction;

(iii) Failing to correct a false impression that the actor knows to be false and that he or she created or reinforced or that he or she knows to be influencing another person to whom the actor stands in a fiduciary or confidential relationship;

(iv) Failing to disclose a lien, adverse claim, or other legal impediment to the enjoyment of property that the actor transfers or encumbers in consideration for the property or service obtained, or in order to continue to deprive another person of that other person's property, whether the impediment is or is not valid or is or is not a matter of official record; or

(v) Employing any other scheme to defraud;

(B) As to a person's intention to perform a promise, "deception" shall not be inferred solely from the fact that the person did not subsequently perform the promise.

(C) "Deception" does not include:

(i) Falsity as to a matter having no pecuniary significance; or

(ii) Puffing by a statement unlikely to deceive an ordinary person in the group addressed;

(4) "Deprive" means to:

(A) Withhold property or to cause it to be withheld either permanently or under circumstances such that a major portion of its economic value, use, or benefit is appropriated to the actor or lost to the owner;

(B) Withhold property or to cause it to be withheld with the purpose to restore it only upon the payment of a reward or other compensation; or

(C) Dispose of property or use it or transfer any interest in it under circumstances that make its restoration unlikely;

(5) "Motor fuel" means:

(A) Gasoline, diesel fuel, or alcohol;

(B) Any mixture of gasoline, diesel fuel, or alcohol; or

(C) Any other fuel sold for use in an automobile or related vehicle;

(6) "Obtain" means:

(A) In relation to property, to bring about a transfer or purported transfer of property or of an interest in the property, whether to the actor or another person; or

(B) In relation to a service, to secure performance of the service;

(7) "Property" means severed real property or tangible or intangible personal property, including money or any paper or document that represents or embodies anything of value;

(8) (A) "Property of another person" means any property in which any person or government other than the actor has a possessory or proprietary interest.

(B) However, "property of another person" does not include property in the possession of the actor in which another person has only a security interest, even though legal title is in the secured party pursuant to a conditional sales contract or other security agreement;

(9) "Service" includes:

(A) Labor;

(B) Professional service;

(C) Transportation;

(D) Telephone, mail, or other public service;

(E) Gas, electricity, or other public utility service;

(F) Accommodation in a hotel, restaurant, or other public accommodation;

(G) Admission to an exhibition; and

(H) Use of a vehicle or other property;

(10) (A) "Threat" means a menace, however communicated, to:

(i) Cause physical injury to any person or to commit any other criminal offense;

(ii) Cause damage to any property;

(iii) Accuse any person of a crime;

(iv) Expose a secret or publish a fact tending to subject any person, living or deceased, to hatred, contempt, shame, or ridicule;

(v) Impair any person's credit or business repute;

(vi) Take or withhold action as a public servant or cause a public servant to take or withhold action;

(vii) Testify or provide information or withhold testimony or information with respect to a legal claim or defense of another person;

(viii) Bring about or continue a strike, boycott, or other collective action if a property or service is not demanded or received for the benefit of the group in whose interest the actor purports to act; or

(ix) Do any other act which would not in itself substantially benefit the actor or a group he or she purports to represent but which is calculated to harm another person in a substantial manner with respect to his or her health, safety, business, employment, calling, career, financial condition, reputation, or a personal relationship.

(B) "Threat" does not include an expression of intent to accuse, expose, bring suit, or otherwise invoke official action under subdivisions (10)(A)(iii)-(vi) of this section if made to obtain property claimed as restitution or indemnification for harm done in the circumstances to which accusation, exposure, lawsuit, or other official action relates or as compensation for property or a lawful service;

(11) "Trade secret" means the whole or any portion of any valuable scientific or technical information, design, process, procedure, formula, or improvement that is not accessible to a person other than a person selected by the owner to have access for a limited purpose;

(12) (A) "Value" means:

(i) The market value of a property or service at the time and place of the offense, or if the market value of the property cannot be ascertained, the cost of replacing the property within a reasonable time after the offense;

(ii) In the case of a written instrument, other than a written instrument having a readily ascertainable market value, the amount due and collectible at maturity less any part that has been satisfied if the written instrument constitutes evidence of a debt, or the greatest amount of economic loss that the owner might reasonably suffer by virtue of the loss of the written instrument if the written instrument is other than evidence of a debt; or

(iii) Any inherent, subjective, or idiosyncratic worth the owner or possessor of property attaches to the property even if the property has no market value or replacement cost.

(B) (i) If the actor gave consideration for or had a legal interest in the property or service, the amount of the consideration or the value of the interest shall be deducted from the value of the property or service to determine value.

(ii) However, in a case of theft by receiving under § 5-36-106, the consideration the actor gave for the property shall not be deducted to determine value; and

(13) "Vehicle" means any craft or device designed for the transportation of a person or property across land or water or through the air.

5-36-102. Consolidation of offenses -- Shoplifting presumption -- Theft by deception presumption at auction of livestock -- Amount of theft.

(a) Conduct denominated theft in this chapter constitutes a single offense embracing the separate offenses known before January 1, 1976, as:

(1) Larceny;

(2) Embezzlement;

(3) False pretense;

(4) Extortion;

(5) Blackmail;

(6) Fraudulent conversion;

(7) Receiving stolen property; and

(8) Other similar offenses.

(b) Notwithstanding the specification of a different manner in the indictment or information, a criminal charge of theft may be supported by evidence that it was committed in any manner that would be theft under this chapter subject only to the power of the court to ensure a fair trial by granting a continuance or other appropriate relief if the conduct of the defense would be prejudiced by lack of fair notice or by surprise.

(c) The knowing concealment, upon an actor's person or the person of another, of an unpurchased good or merchandise offered for sale by any store or other business establishment, gives rise to a presumption that the actor took the good or merchandise with the purpose of depriving the owner or another person having an interest in the good or merchandise.

(d) A person who is subject to 7 U.S.C. § 181 et seq. that obtains livestock from a commission merchant by representing that the person will make prompt payment is presumed to have obtained the livestock by deception if the person fails to make payment in accordance with 7 U.S.C. § 228b.

(e) (1) The amount involved in a theft is deemed to be the highest value, by any reasonable standard, of the property or service that the actor obtained or attempted to obtain.

(2) An amount involved in a theft committed pursuant to one (1) scheme or course of conduct, whether from one (1) or more persons, may be aggregated in determining the grade of the offense.

5-36-103. Theft of property.

(a) A person commits theft of property if he or she knowingly:

(1) Takes or exercises unauthorized control over, or makes an unauthorized transfer of an interest in, the property of another person, with the purpose of depriving the owner of the property; or

(2) Obtains the property of another person, by deception or by threat, with the purpose of depriving the owner of the property.

(b) Theft of property is a:

(1) Class B felony if:

(A) The value of the property is two thousand five hundred dollars ($2,500) or more;

(B) The property is obtained by the threat of serious physical injury to any person or destruction of the occupiable structure of another person;

(C) The property is obtained by threat, and the actor stands in a confidential or fiduciary relationship to the person threatened;

(D) The property is:

(i) Anhydrous ammonia in any form; or

(ii) A product containing any percentage of anhydrous ammonia in any form;

(E) (i) The property is building material obtained from a permitted construction site and the value of the building material is five hundred dollars ($500) or more.

(ii) As used in subdivision (b)(1)(E)(i) of this section:

(a) "Building material" means lumber, a construction tool, a window, a door, copper tubing or wire, or any other material or good used in the construction or rebuilding of a building or a structure; and

(b) "Permitted construction site" means the site of construction, alteration, painting, or repair of a building or a structure for which a building permit has been issued by a city of the first class, a city of the second class, an incorporated town, or a county; or

(F) The value of the property is five hundred dollars ($500) or more and the theft occurred in an area declared to be under a state of emergency pursuant to proclamation by the President of the United States, the Governor, or the executive officer of a city or county;

(2) Class C felony if:

(A) The value of the property is less than two thousand five hundred dollars ($2,500) but more than five hundred dollars ($500);

(B) The property is obtained by threat;

(C) The property is a firearm valued at less than two thousand five hundred dollars ($2,500);

(D) The property is a:

(i) Credit card or credit card account number; or

(ii) Debit card or debit card account number;

(E) The property is livestock and the value of the livestock is in excess of two hundred dollars ($200); or

(F) The value of the property is at least one hundred dollars ($100) but less than five hundred dollars ($500) and the theft occurred in an area declared to be under a state of emergency pursuant to proclamation by the President of the United States, the Governor, or the executive officer of a city or county;

(3) (A) Class D felony if:

(i) The value of the property is five hundred dollars ($500) or less; and

(ii) The property was unlawfully obtained during a criminal episode.

(B) As used in subdivision (b)(3)(A)(ii) of this section, "criminal episode" means a series of thefts committed by the same person on three (3) or more occasions within three (3) days; or

(4) Class A misdemeanor if:

(A) The value of the property is five hundred dollars ($500) or less; or

(B) The property has inherent, subjective, or idiosyncratic value to its owner or possessor even if the property has no market value or replacement cost.

(c) (1) Upon the proclamation of a state of emergency by the President of the United States or the Governor or upon the declaration of a local emergency by the executive officer of any city or county and for a period of thirty (30) days following that declaration, the penalty for theft of property is enhanced if the property is:

(A) A generator intended for use by:

(i) A public facility;

(ii) A nursing home or hospital;

(iii) An airport;

(iv) A public safety device;

(v) A communication tower or facility;

(vi) A public utility;

(vii) A water system or sewer system;

(viii) A public safety agency; or

(ix) Any other facility or use providing a vital service; or

(B) Any other equipment used in the transmission of electric power or telephone service.

(2) As used in this subsection:

(A) "Public safety agency" means an agency of the State of Arkansas or a functional division of a political subdivision that provides:

(i) Firefighting and rescue;

(ii) Natural or man-caused disaster or major emergency response;

(iii) Law enforcement; or

(iv) Ambulance or emergency medical services; and

(B) "Public safety device" includes, but is not limited to, a traffic signaling device or a railroad crossing device.

(3) The penalty is enhanced as follows:

(A) (i) The fine for the offense shall be at least five thousand dollars ($5,000) and not more than fifty thousand dollars ($50,000).

(ii) The fine is mandatory; and

(B) The offense is a Class D felony if it would have been a Class A misdemeanor.

5-36-104. Theft of services.

(a) A person commits theft of services if, with purpose to defraud:

(1) The person purposely obtains a service that he or she knows to be available only for compensation, by deception, threat, or other means to avoid payment for the service; or

(2) Having control over the disposition of a service to which he or she is not entitled, the person purposely diverts the service to his or her own benefit or to the benefit of another person not entitled to the service.

(b) In a circumstance in which payment is ordinarily made immediately upon the rendering of a service, absconding without payment or offer to pay gives rise to a presumption that the actor obtained the service with the purpose of avoiding payment.

(c) Theft of services is a:

(1) Class B felony if:

(A) The value of the service is two thousand five hundred dollars ($2,500) or more;

(B) The service is obtained by the threat of serious physical injury to any person or destruction of the occupiable structure of another person;

(C) The service is obtained by threat, and the actor stands in a confidential or fiduciary relationship to the person threatened; or

(D) The theft of services involves a theft of a utility service that results in:

(i) Any contamination of a lines, pipe, waterline, meter, or other utility property; or

(ii) A spill, dumping, or release of any hazardous material into the environment;

(2) Class C felony if:

(A) The value of the service is less than two thousand five hundred dollars ($2,500) but more than five hundred dollars ($500); or

(B) The service is obtained by threat; or

(3) Class A misdemeanor if the theft of services:

(A) Involves a theft of a utility service that results in the destruction or damage to a line, pipe, waterline, meter, or any other property of the utility of less than five hundred dollars ($500) in value; or

(B) Is otherwise committed.

(d) (1) In addition to any other fine that may be levied under § 5-4-201, any person found guilty of theft of services under this section is required to make full restitution to the utility from which the service was obtained if the theft of services involves the theft of a utility service such as a gas, electricity, water, telephone, or cable television service.

(2) For a prosecution brought under this subsection to enable the court to properly fix the amount of restitution, after appropriate investigation the prosecuting attorney shall recommend an amount that would make the utility whole with respect to:

(A) The value of the service received;

(B) The cost of repair of any damage to any:

(i) Line;

(ii) Pipe;

(iii) Waterline;

(iv) Meter; or

(v) Other utility property; and

(C) Any other measurable monetary damage directly related to the offense, including the expense of investigation.

(3) If the defendant disagrees with the recommendation of the prosecuting attorney, he or she is entitled to introduce evidence in mitigation of the amount recommended.

(4) The monetary judgment for restitution, as provided in this section, becomes a judgment against the offender and has the same force and effect as any other civil judgment recorded in this state.

5-36-105. Theft of property lost, mislaid, or delivered by mistake.

(a) A person commits theft of property lost, mislaid, or delivered by mistake if the person:

(1) Comes into control of property of another person;

(2) Retains or disposes of the property when the person knows the property to have been lost, mislaid, or delivered under a mistake as to the identity of the recipient or as to the nature or amount of the property; and

(3) With the purpose of depriving any person having an interest in the property, the person fails to take a reasonable measure to restore the property to a person entitled to it.

(b) Theft of property lost, mislaid, or delivered by mistake is a:

(1) Class D felony if the value of the property is one thousand dollars ($1,000) or more;

(2) Class B misdemeanor if:

(A) The value of the property is less than one thousand dollars ($1,000) but more than five hundred dollars ($500); or

(B) The property is a:

(i) Credit card or credit card account number; or

(ii) Debit card or debit card account number; or

(3) Class C misdemeanor if otherwise committed.

5-36-106. Theft by receiving.

(a) A person commits the offense of theft by receiving if he or she receives, retains, or disposes of stolen property of another person:

(1) Knowing that the property was stolen; or

(2) Having good reason to believe the property was stolen.

(b) As used in this section, "receiving" means acquiring possession, control, or title or lending on the security of the property.

(c) The following give rise to a presumption that a person knows or believes that property was stolen:

(1) The unexplained possession or control by the person of recently stolen property; or

(2) The acquisition by the person of property for a consideration known to be far below the property's reasonable value.

(d) It is a defense to a prosecution for the offense of theft by receiving that the property is received, retained, or disposed of with the purpose of restoring the property to the owner or another person entitled to the property.

(e) Theft by receiving is a:

(1) Class B felony if the value of the property is two thousand five hundred dollars ($2,500) or more;

(2) Class C felony if:

(A) The value of the property is less than two thousand five hundred dollars ($2,500) but more than five hundred dollars ($500);

(B) The property is a:

(i) Credit card or credit card account number; or

(ii) Debit card or debit card account number; or

(C) The property is a firearm valued at less than two thousand five hundred dollars ($2,500); or

(3) Class A misdemeanor if otherwise committed.

5-36-107. Theft of a trade secret.

(a) A person commits theft of a trade secret if, with a purpose to deprive the owner of the control of a trade secret, the person:

(1) Obtains or discloses to an unauthorized person a trade secret; or

(2) Without authority, makes or causes to be made a copy or an article representing a trade secret.

(b) Theft of a trade secret is a Class A misdemeanor.

5-36-107. Theft of a trade secret.

(a) A person commits theft of a trade secret if, with a purpose to deprive the owner of the control of a trade secret, the person:

(1) Obtains or discloses to an unauthorized person a trade secret; or

(2) Without authority, makes or causes to be made a copy or an article representing a trade secret.

(b) Theft of a trade secret is a Class A misdemeanor.

5-36-108. Unauthorized use of a vehicle.

(a) A person commits unauthorized use of a vehicle if the person knowingly takes, operates, or exercises control over another person's vehicle without consent of the owner.

(b) Unauthorized use of a vehicle is a Class A misdemeanor.

5-36-115. Theft of leased, rented, or entrusted personal property -- False report of wealth or credit.

(a) A person is guilty of theft and subject to a punishment prescribed by § 5-36-103 if the person:

(1) Intentionally, fraudulently, or by false pretense takes, carries, leads, drives away, destroys, sells, secretes, converts, or appropriates in any wrongful manner any personal property of another person that is leased, rented, or entrusted to the actor; or

(2) Falsely reports of his or her wealth or mercantile credit and by the false report fraudulently obtains possession of personal property or the labor or service of another person.

(b) The amount involved in the theft is deemed to be the highest value by any reasonable standard of the property or service that the person stole or attempted to steal.

(c) It is prima facie evidence of intent to commit theft if a person who has leased or rented the personal property of another person:

(1) Fails to return or make an arrangement acceptable with the lessor to return the personal property to its owner within five (5) days, excluding Saturday, Sunday, or a state or federal holiday, after proper notice following the expiration of the lease or rental agreement; or

(2) Presents identification to the lessor or renter of the personal property that is false, fictitious, or not current with respect to name, address, place of employment, or other appropriate item.

(d) Proper notice by the lessor shall consist of a written demand addressed and mailed by certified or registered mail to the lessee at the address given at the time of making the lease or rental agreement.

(e) The following factors constitute an affirmative defense to prosecution for theft:

(1) That the lessee accurately stated his or her name and address at the time of rental;

(2) That the lessee's failure to return the item at the expiration date of the rental contract was lawful;

(3) That the lessee failed to receive the lessor's notice personally unless notice was waived; and

(4) That the lessee returned the personal property to the owner or lessor within forty-eight (48) hours of the commencement of prosecution, together with any charges for the overdue period and the value of damages to the personal property, if any.

(f) (1) For any lease or rental contract of twenty-five dollars ($25.00) or more, the lessee may waive the notice required in subsection (c) of this section by signing a statement contained in the lease agreement or rental agreement. The waiver shall require a separate signature of the lessee.

(2) The form of the waiver shall be substantially as follows:

5-36-116. Shoplifting.

(a) (1) A person engaging in conduct giving rise to a presumption under § 5-36-102(c) may be detained in a reasonable manner and for a reasonable length of time by a law enforcement officer, merchant, or merchant's employee in order that recovery of a good may be effected.

(2) The detention by a law enforcement officer, merchant, or merchant's employee does not render the law enforcement officer, merchant, or merchant's employee criminally or civilly liable for false arrest, false imprisonment, or unlawful detention.

(b) (1) If sufficient notice has been posted to advise patrons that an antishoplifting or inventory control device is being utilized, the activation of an antishoplifting or inventory control device as a result of a person's exiting an establishment or a protected area within the establishment constitutes reasonable cause for the detention of the person so exiting by the owner or operator of the establishment or by an agent or employee of the owner or operator.

(2) Any detention under subdivision (b)(1) of this section shall be made only in a reasonable manner and only for a reasonable period of time sufficient for any inquiry into the circumstances surrounding the activation of the antishoplifting or inventory control device or for the recovery of a good.

(3) A detention under subdivision (b)(1) of this section by a law enforcement officer, merchant, or merchant's employee does not render the law enforcement officer, merchant, or merchant's employee criminally or civilly liable for false arrest, false imprisonment, or unlawful detention.

(c) As used in this section, "antishoplifting or inventory control device" means a mechanism or other device designed and operated for the purpose of detecting the removal from a mercantile establishment or similar enclosure or from a protected area within a mercantile establishment or similar enclosure.

(d) (1) Upon probable cause for believing a suspect has committed the offense of shoplifting, a law enforcement officer may arrest the person without a warrant.

(2) The law enforcement officer, merchant, or merchant's employee who has observed the person accused of committing the offense of shoplifting shall provide a written statement that serves as probable cause to justify the arrest.

(3) The accused person shall be brought immediately before a magistrate and afforded an opportunity to make a bond or recognizance as in other criminal cases.

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Criminal Law: Larceny, Embezzlement, False Pretenses, Larceny-by-Trick, \u0026 Robbery [LEAP Preview]

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