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;  or

(D) The property is:

(i) Anhydrous ammonia in any form;  

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

(iii) Utility property and the value of the property is five hundred dollars ($500) or more;  or

(iv) Oil and gas equipment, the value of the property is less than twenty-five thousand dollars ($25,000) but more than five thousand dollars ($5,000), and the person:

(a) Caused more than two hundred fifty dollars ($250) in incidental damage to the owner of the oil and gas equipment during the commission of the offense;  or

(b) Transported the oil and gas equipment across state lines to sell or dispose of the oil and gas equipment;

(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) 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;

(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;  or

(F) The property is oil and gas equipment, the value of the property is five thousand dollars ($5,000) or less but more than one thousand dollars ($1,000), and the person:

(i) Caused more than two hundred fifty dollars ($250) in incidental damage to the owner of the oil and gas equipment during the commission of the offense;  or

(ii) Transported the oil and gas equipment across state lines to sell or dispose of the oil and gas equipment;

(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);

(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;

(G) The property is a decorative or memorial item from a cemetery, graveyard, or a person's grave site and the offense is the actor's second or subsequent offense of theft of a decorative or memorial item from a cemetery, graveyard, or a person's grave site under this section;  or

(H) The property is oil and gas equipment, the value of the property is one thousand dollars ($1,000) or less, and the person:

(i) Caused more than two hundred fifty dollars ($250) in incidental damage to the owner of the oil and gas equipment during the commission of the offense;  or

(ii) Transported the oil and gas equipment across state lines to sell or dispose of the oil and gas equipment;  or

(4) Class A misdemeanor if:

(A) The value of the property is one thousand dollars ($1,000) or less;

(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;  or

(C) The property is a decorative or memorial item from a cemetery, graveyard, or a person's grave site.

(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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