Arkansas Code Title 5. Criminal Offenses § 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 twenty-five thousand dollars ($25,000) 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;  or

(E)(i) The property is utility property and the value of the property is five hundred dollars ($500) or more.

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

(a) “Utility” means any person or entity providing to the public gas, electricity, water, sewer, telephone, telegraph, radio, radio common carrier, railway, railroad, cable and broadcast television, video, or Internet services;  and

(b) “Utility property” means any component that is reasonably necessary to provide utility services, including without limitation any wire, pole, facility, machinery, tool, equipment, cable, insulator, switch, signal, duct, fiber optic cable, conduit, plant, work, system, substation, transmission or distribution structure, line, street lighting fixture, generating plant, equipment, pipe, main, transformer, underground line, gas compressor, meter, or any other building or structure or part of a building or structure that a utility uses in the production or use of its services;

(2) Class C felony if:

(A) The value of the property is less than twenty-five thousand dollars ($25,000) but more than five thousand dollars ($5,000);

(B) The property is obtained by threat;

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

(D)(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)(2)(D)(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

(E) 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;

(3) Class D felony if:

(A) The value of the property is five thousand dollars ($5,000) or less but more than one thousand dollars ($1,000);  

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

(C) The property is a: 

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

(ii) Debit card or debit card account number;

(D) The value of the property is at least one hundred dollars ($100) or more 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;

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

(F) The property is an electric power line, gas line, water line, wire or fiber insulator, electric motor, or other similar apparatus connected to a farm shop, on-farm grain drying and storage complex, heating and cooling system, environmental control system, animal production facility, irrigation system, or dwelling;  or

(4) Class A misdemeanor if:

(A) The value of the property is one thousand dollars ($1,000) 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 human-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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