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Howerton Law Areas of Practice / Arkansas Criminal Law / Arkansas Theft of Property

Theft of Property in Arkansas


Howerton Law Firm Theft of Property Attorneys
Arkansas Theft of Property Attorneys at the Howerton Law Firm handle all Arkansas theft of property matters for the Arkansas general practice law firm Howerton Law Firm. Use the Request a Free Consultation form on the left of the page to schedule your free initial consultation with theft of property lawyer Wendy Howerton or simply call the Howerton Law Firm at 479-587-9300.

Arkansas criminal code
The Arkansas criminal code within the following subcategories for Arkansas criminal law on this Website was taken from the Criminal Code of 1987 and updates from the Arkansas General Assembly Website. We make no promises, guarantees, warrantees, or other assurances about its authenticity or accuracy. The following disclaimer was taken from the online code general provisions:

Not Official: The code that is provided on this site is an unofficial posting of the Arkansas Code. The files making up this Internet version of the Arkansas Code do not constitute the official text of the Arkansas Code and are intended for informational purposes only. The printed version of the Arkansas Code should be consulted for all matters requiring reliance on the statutory text. No representation is made as to the accuracy or completeness of these sections. While every effort was made to ensure the accuracy and completeness of the statutes available on the Arkansas General Assembly's web site, the Arkansas General Assembly is not responsible for any errors or omissions which may occur in these files. Please notify the Webmaster if you find any irregularities in the statutes on this web site. The Webmaster will relay the information to appropriate staff members of the Arkansas Code Revision Commission to investigate the irregularities.

Service: The Arkansas General Assembly offers access to the Arkansas Code on the internet as a service to the public. The Webmaster is unable to assist users of this service with legal questions. Also, legislative staff cannot respond requests for legal advice or the application of the law to specific facts from anyone except members of the Arkansas Legislature. Therefore, to understand and protect your legal rights, you should consult your own private lawyer. Please refer legal questions elsewhere.


Arkansas Criminal Code for theft of property in Arkansas
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.
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