Title 5 — Criminal Offenses
54 chapters · 1,112 sections in this title.
Ark. Code Ann. § 5-36-101 Definitions
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(1) As used in this chapter:(1) “Antishoplifting or inventory control device” means a mechanism or other device designed and operated for the purpose of detecting the removal from a store or business establishment or from a protected area within a store or business establishment;…
Ark. Code Ann. § 5-36-102 Consolidation of offenses — Theft by deception presumption at auction of livestock — Amount of theft
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(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) …
Ark. Code Ann. § 5-36-103 Theft of property
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(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…
Ark. Code Ann. § 5-36-104 Theft of services
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(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 dispositi…
Ark. Code Ann. § 5-36-105 Theft of property lost, mislaid, or delivered by mistake
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(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 …
Ark. Code Ann. § 5-36-106 Theft by receiving
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(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. (1) Knowing that the property was stolen;…
Ark. Code Ann. § 5-36-107 Theft of a trade secret
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(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 representi…
Ark. Code Ann. § 5-36-108 Unauthorized use of a vehicle
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(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.
Ark. Code Ann. § 5-36-109 Operating a chop shop — Dealing in stolen or forged motor vehicle parts
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(a) As used in this section:(1) “Chop shop” means a place used for the purpose of selling, transferring, purchasing, or receiving a motor vehicle or a motor vehicle part with the purpose to misrepresent the identity of or prevent the identification of the motor vehicle or motor v…
Ark. Code Ann. § 5-36-115 Theft of leased, rented, or entrusted personal property — False report of wealth or credit
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(a) A person is guilty of theft of leased, rented, or entrusted property if the person:(1) Purposely, with a purpose to defraud, or by false pretense takes, carries, leads, drives away, destroys, sells, secretes, converts, or appropriates in any wrongful manner any personal prope…
Ark. Code Ann. § 5-36-116 Shoplifting presumption — Detention and arrest of person under shoplifting presumption
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(a) (1) The knowing concealment by a person on his or her own person or on the person of another of an unpurchased tangible personal property offered for sale by a store or business establishment gives rise to a presumption that the person took the tangible personal property with…
Ark. Code Ann. § 5-36-117 [Repealed.]
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A.C.A. § 5-36-117Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved
Ark. Code Ann. § 5-36-118 [Repealed.]
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A.C.A. § 5-36-118Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved
Ark. Code Ann. § 5-36-119 [Repealed.]
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A.C.A. § 5-36-119Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved
Ark. Code Ann. § 5-36-120 Theft of motor fuel
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(a) A person commits the offense of theft of motor fuel if the person knowingly operates an automobile or other related vehicle after placing motor fuel in the automobile or other related vehicle at a:(1) Service station, filling station, garage, or other business where motor fue…
Ark. Code Ann. § 5-36-121 Theft of recyclable materials
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(a) (1) No person shall divert to personal use any recyclable material valued at fifty dollars ($50.00) or more and placed in a container as a part of a recycling program without the consent of the generator or the collector of the recyclable material or the person owning or oper…
Ark. Code Ann. § 5-36-122 Motion picture piracy
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(a) As used in this section:(1) “Audiovisual recording function” means the capability of a device to record or transmit an image, a sound, or any part of an image or sound;(2) “Motion picture” means any series of images projected on a film screen or displayed in or on any other m…
Ark. Code Ann. § 5-36-123 Theft of scrap metal
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(a) As used in this section:(1) “Building material” means scrap metal used in the construction or rebuilding of a building or a structure;(2) “Costs of incidental damage” means the total amount of money damages suffered by an owner of scrap metal as a direct result of the theft o…
Ark. Code Ann. § 5-36-124 Theft by receiving of scrap metal
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(a) As used in this section:(1) “Receiving” means acquiring possession, control, or title or lending on the security of the scrap metal; and(2) “Scrap metal” means copper, copper alloy, copper utility wire, any bronze, or any aluminum as described in § 17-44-101 et seq. (1) “Rece…
Ark. Code Ann. § 5-36-125 Unlawful transfer of stolen property to a pawn shop or pawnbroker
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(a) A person commits the offense of unlawful transfer of stolen property to a pawn shop or pawnbroker if he or she sells, pawns, or otherwise transfers an ownership interest in stolen property of another person to a pawn shop or pawnbroker:(1) Knowing that the property was stolen…
Ark. Code Ann. § 5-36-126 Theft of a catalytic converter — Unauthorized possession of a catalytic converter
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(a) As used in this section:(1) “Catalytic converter” means an exhaust emission control device that reduces toxic gases and pollutants from internal combustion engines; and(2) “Permanently marked” means marked in a permanent manner, including without limitation engraving or perma…
Ark. Code Ann. § 5-36-127 Organized retail theft
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(a) As used in this section:(1) “Consumer goods” means moveable goods for sale at retail that are used or bought for use primarily for personal, family, or household purposes; and(2) “Value” means the actual retail price of the property at the time and place of the offense. (1) “…
Ark. Code Ann. § 5-36-128 Mail theft
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(a) As used in this section:(1) “Mail” means a letter, postcard, parcel, envelope, package, bag, or another sealed article addressed to another person, along with its contents;(2) “Mail depository” means a mail box, letter box, or mail receptacle of a postal service, an office of…
Ark. Code Ann. § 5-36-129 Theft or unauthorized reproduction of a mail receptacle key or lock
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(a) As used in this section:(1) “Mail” means a letter, postcard, parcel, envelope, package, bag, or another sealed article addressed to another person, along with its contents; and(2) “Postal service” means the United States Postal Service or its contractors or any commercial cou…
Ark. Code Ann. § 5-36-201 Definitions
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(1) As used in this subchapter:(1) “Misrepresentation” means any manifestation by a word or other conduct by a person to another person that, under the circumstances, amounts to an assertion not in accordance with fact; and(2) “Public benefit” means any federal or state funds, or…
Ark. Code Ann. § 5-36-202 Theft of public benefits
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(a) A person commits theft of public benefits if the person:(1) Obtains or retains a public benefit from the Department of Human Services or any other state agency administering the distribution of a public benefit:(A) By means of any false statement, misrepresentation, or impers…
Ark. Code Ann. § 5-36-203 [Repealed.]
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A.C.A. § 5-36-203Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved
Ark. Code Ann. § 5-36-204 [Repealed.]
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A.C.A. § 5-36-204Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved
Ark. Code Ann. § 5-36-205 Ineligibility for programs
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(1) In addition to a penalty set forth in this subchapter:(1) Except as set forth in subdivision (4) of this section, any recipient of a food stamp who pleads guilty or nolo contendere to or is found guilty of a violation set forth in this subchapter is ineligible for further par…
Ark. Code Ann. § 5-36-206 Deputizing attorneys to prosecute offenses
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The prosecuting attorney may deputize an attorney of the Office of Chief Counsel of the Department of Human Services or the appropriate state agency to prosecute an offense under this subchapter.
Ark. Code Ann. § 5-36-301 Title
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This subchapter may be cited as the “Wireless Services Theft Prevention Law”.
Ark. Code Ann. § 5-36-302 Definitions
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(1) As used in this subchapter:(1) “Manufacture of a wireless device” means to produce, activate, or assemble a wireless device or to modify, alter, program, or reprogram a device to be capable of acquiring or facilitating the acquisition of a wireless service without the consent…
Ark. Code Ann. § 5-36-303 Theft of wireless service
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(a) A person commits the offense of theft of wireless service if he or she purposely obtains wireless service by the use of an unlawful wireless device or without the consent of the wireless service provider. (b) Theft of wireless service is a:(1) Class A misdemeanor if the aggre…
Ark. Code Ann. § 5-36-304 Facilitating theft of wireless service by manufacture, distribution, or possession of devices for theft of wireless services
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(a) A person commits the offense of facilitating theft of wireless service if he or she:(1) Makes, distributes, possesses, uses, assembles, modifies, alters, programs, or reprograms a wireless device for the purpose of:(i) Commission of a theft of wireless service or to acquire o…
Ark. Code Ann. § 5-36-305 Restitution
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In addition to any other sentence authorized by law, the court may sentence a person convicted of violating this subchapter to make restitution in the manner prescribed in § 5-4-205.
Ark. Code Ann. § 5-36-306 Civil remedy
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(1) In a civil action in any court of competent jurisdiction, a wireless service provider aggrieved by a violation of this subchapter may obtain appropriate relief, including:(1) Preliminary and other equitable or declaratory relief;(2) Compensatory and punitive damages;(3) Reaso…
Ark. Code Ann. § 5-36-307 Scanners not prohibited
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The provisions of this subchapter shall not be construed to prohibit the possession or use of a police scanner or an emergency scanner available to the general public.
Ark. Code Ann. § 5-36-401 Unlawful use of a theft detection shielding device
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(a) A person commits the offense of unlawful use of a theft detection shielding device if the person knowingly manufactures, sells, offers for sale, or distributes in any way a laminated or coated bag or device peculiar to and marketed for shielding and intended to shield merchan…
Ark. Code Ann. § 5-36-402 Unlawful possession of a theft detection shielding device
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(a) A person commits the offense of unlawful possession of a theft detection shielding device if the person knowingly possesses any laminated or coated bag or device peculiar to and designed for shielding and intended to shield merchandise from detection by an electronic or magne…
Ark. Code Ann. § 5-36-403 Unlawful possession of a theft detection device remover
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(a) A person commits the offense of unlawful possession of a theft detection device remover if the person knowingly possesses any tool or device designed to allow the removal of any theft detection device from any merchandise with the intent to use the tool to remove any theft de…
Ark. Code Ann. § 5-36-404 Unlawful removal of a theft detection device
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(a) A person commits the offense of unlawful removal of a theft detection device if the person knowingly removes a theft detection device from merchandise prior to purchase with the intent to commit theft or retail theft. (b) (1) The unlawful removal of a theft detection device i…
Ark. Code Ann. § 5-36-405 Detention upon activation of antishoplifting or inventory control device
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(a) 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 est…