reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 3 - OFFENSES INVOLVING FAMILIES, DEPENDENTS, ETC. (§§ 5-25-101 — 5-29-205) › Chapter 28 - ABUSE OF ADULTS (§§ 5-28-101 — 5-28-301) › Subchapter 1 - GENERAL PROVISIONS (§§ 5-28-101 — 5-28-110) › Section 5-28-102 - Legislative intent

The General Assembly recognizes that the state must provide for the detection, correction, and prosecution of the maltreatment of adults.
Acts 1983, No. 452, § 2; A.S.A. 1947, § 59-1302; Acts 1995, No. 1338, § 2; 2003, No. 1046, § 2.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 3 - OFFENSES INVOLVING FAMILIES, DEPENDENTS, ETC. (§§ 5-25-101 — 5-29-205) › Chapter 28 - ABUSE OF ADULTS (§§ 5-28-101 — 5-28-301) › Subchapter 1 - GENERAL PROVISIONS (§§ 5-28-101 — 5-28-110) › Section 5-28-103 - Criminal penalties for abuse of an endangered or impaired person

(a)
It is unlawful for any person or caregiver to abuse, neglect, or exploit any endangered person or impaired person subject to protection under a provision of this chapter.
(b)
(1)
If the abuse causes serious physical injury or a substantial risk of death, any person or caregiver who purposely abuses an endangered person or an impaired person is guilty of a Class B felony.
(2)
If the abuse causes physical injury, any person or caregiver who purposely abuses an adult endangered person or an adult impaired person in violation of a provision of this chapter is guilty of a Class D felony.
(3)
Any person or caregiver who abuses an adult endangered person or an adult impaired person is guilty of a Class B misdemeanor.
(c)
(1)
Any person or caregiver who neglects an adult endangered person or an adult impaired person in violation of a provision of this chapter, causing serious physical injury or substantial risk of death, is guilty of a Class D felony.
(2)
Any person or caregiver who neglects an adult endangered person or an adult impaired person in violation of a provision of this chapter, causing physical injury, is guilty of a Class B misdemeanor.
(3)
Any person or caregiver who purposely neglects an adult endangered person or an adult impaired person without causing physical injury is guilty of a Class C misdemeanor.
(d)
Any person or caregiver who exploits a person in violation of a provision of this chapter when the value of the property, asset, or resource is:
(1)
Two thousand five hundred dollars ($2,500) or more, is guilty of a Class B felony;
(2)
Less than two thousand five hundred dollars ($2,500) but more than two hundred dollars ($200), is guilty of a Class C felony; and
(3)
Two hundred dollars ($200) or less, is guilty of a Class A misdemeanor.
Amended by Act 2019, No. 916,§ 1, eff. 7/24/2019.
Acts 1983, No. 452, § 3; A.S.A. 1947, § 59-1303; Acts 1993, No. 1292, § 2; 1995, No. 1338, § 2; 2005, No. 1810, § 2; 2005, No. 1994, § 297.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 3 - OFFENSES INVOLVING FAMILIES, DEPENDENTS, ETC. (§§ 5-25-101 — 5-29-205) › Chapter 28 - ABUSE OF ADULTS (§§ 5-28-101 — 5-28-301) › Subchapter 1 - GENERAL PROVISIONS (§§ 5-28-101 — 5-28-110) › Section 5-28-104 - Privilege not grounds for exclusion of evidence

Any privilege between a husband and a wife or between any professional person, including, but not limited to, a physician, member of the clergy, counselor, hospital, clinic, rest home, or nursing home, and his or her or its client, except between a lawyer and a client, does not constitute a ground for excluding evidence at any proceeding regarding adult maltreatment of an endangered person or an impaired person, or the cause of the adult maltreatment.
Acts 1983, No. 452, § 12; A.S.A. 1947, § 59-1312; Acts 1995, No. 1338, § 2; 2005, No. 1810, § 3.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 3 - OFFENSES INVOLVING FAMILIES, DEPENDENTS, ETC. (§§ 5-25-101 — 5-29-205) › Chapter 28 - ABUSE OF ADULTS (§§ 5-28-101 — 5-28-301) › Subchapter 1 - GENERAL PROVISIONS (§§ 5-28-101 — 5-28-110) › Section 5-28-105 - Spiritual treatment alone not abusive

Nothing in this chapter shall be construed to imply that a reported adult endangered person or adult impaired person, who is being furnished with treatment by spiritual means alone through prayer in accordance with the tenets and practices of a recognized church or religious denomination by an accredited practitioner of the recognized church or religious denomination, is for that reason alone a person who is:
(1)
Endangered;
(2)
Abused;
(3)
Neglected;
(4)
Maltreated; or
(5)
Exploited.
Acts 1983, No. 452, § 4; A.S.A. 1947, § 59-1304; Acts 1995, No. 1338, § 2.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 3 - OFFENSES INVOLVING FAMILIES, DEPENDENTS, ETC. (§§ 5-25-101 — 5-29-205) › Chapter 28 - ABUSE OF ADULTS (§§ 5-28-101 — 5-28-301) › Subchapter 1 - GENERAL PROVISIONS (§§ 5-28-101 — 5-28-110) › Section 5-28-108 - Special deputy prosecutor

(a)
An attorney employed in the office of the Attorney General may be designated by a prosecuting attorney having criminal jurisdiction in a matter as a special deputy prosecutor for the purpose of prosecuting in a court of competent jurisdiction an action brought under this chapter or another action for the physical or mental abuse or exploitation of a long-term care facility resident.
(b)
(1)
As a special deputy prosecutor, an attorney designated under subsection (a) of this section may issue a subpoena and administer an oath as provided in §
25-16-705
.
(2)
The subpoena shall be substantially in the form set forth in §
25-16-705(b)
.
(c)
A special deputy prosecutor appointed and functioning as authorized under this section is entitled to the same immunity granted by law to the prosecuting attorney.
(d)
(1)
Appointment as a special deputy prosecutor does not enable an attorney designated under subsection (a) of this section to receive any additional fee or salary from the state for a service provided pursuant to the appointment.
(2)
Any expense of the special deputy prosecutor and any fees and costs incurred by the special deputy prosecutor in the prosecution of a case as provided in this section is the responsibility of the Attorney General.
(e)
The prosecuting attorney may revoke the appointment of a special deputy prosecutor at any time.
Acts 1995, No. 894, § 1.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 3 - OFFENSES INVOLVING FAMILIES, DEPENDENTS, ETC. (§§ 5-25-101 — 5-29-205) › Chapter 28 - ABUSE OF ADULTS (§§ 5-28-101 — 5-28-301) › Subchapter 1 - GENERAL PROVISIONS (§§ 5-28-101 — 5-28-110) › Section 5-28-110 - Penalties for violation of section 12-12-1701 et seq

(a)
Any person or caregiver required by the Adult and Long-Term Care Facility Resident Maltreatment Act, §
12-12-1701
et seq., to report a case of suspected adult maltreatment or long-term care facility resident maltreatment who purposely fails to do so is:
(1)
Guilty of a Class B misdemeanor; and
(2)
Civilly liable for damages proximately caused by the failure.
(b)
Any person, official, or institution willfully making a false notification by the Adult and Long-Term Care Facility Resident Maltreatment Act, §
12-12-1701
et seq., knowing the allegation to be false, is guilty of a:
(1)
Class A misdemeanor; or
(2)
Class D felony if the person, official, or institution has been previously convicted of making a false allegation.
(c)
Any person who willfully permits and any other person who encourages the release of data or information contained in the adult and long-term care facility maltreatment central registry to a person to whom disclosure is not permitted under this section, §
5-28-201
[repealed], or §§
5-28-203
-
5-28-221
[repealed] is guilty of a Class A misdemeanor.
(d)
Any person required to report a death as the result of suspected adult maltreatment or long-term care facility resident maltreatment who knowingly fails to make a report immediately to the appropriate coroner is guilty of a Class C misdemeanor.
(e)
Any person required to report suspected adult maltreatment or long-term care facility resident maltreatment who knowingly fails to make a report within twenty-four (24) hours or on the next business day, whichever is earlier, is guilty of a Class C misdemeanor.
Acts 1983, No. 452, § 13; A.S.A. 1947, § 59-1313; Acts 1993, No. 1292, § 5; 1995, No. 1338, § 2; 2003, No. 1046, § 13; 2005, No. 1810, § 8; 2005, No. 1994, § 298.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 3 - OFFENSES INVOLVING FAMILIES, DEPENDENTS, ETC. (§§ 5-25-101 — 5-29-205) › Chapter 29 - VULNERABLE PERSONS (§§ 5-29-201 — 5-29-205) › Subchapter 2 - VULNERABLE PERSON PROTECTION ACT (§§ 5-29-201 — 5-29-205) › Section 5-29-201 - Title

This subchapter shall be known and may cited as the "Vulnerable Person Protection Act".
Added by Act 2023, No. 783,§ 1, eff. 8/1/2023.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 3 - OFFENSES INVOLVING FAMILIES, DEPENDENTS, ETC. (§§ 5-25-101 — 5-29-205) › Chapter 29 - VULNERABLE PERSONS (§§ 5-29-201 — 5-29-205) › Subchapter 2 - VULNERABLE PERSON PROTECTION ACT (§§ 5-29-201 — 5-29-205) › Section 5-29-203 - Abuse of a vulnerable person

(a)
A person commits abuse of a vulnerable person if, being a healthcare provider or caregiver, he or she purposely abuses a vulnerable person under his or her care or to whom he or she has access due to his or her position as a healthcare provider or caregiver.
(b)
Abuse of a vulnerable person is a:
(1)
Class B felony if the abuse causes serious physical injury or a substantial risk of death to the vulnerable person;
(2)
Class D felony if the abuse causes physical injury to the vulnerable person; or
(3)
Class B misdemeanor if otherwise committed.
(c)
It is an affirmative defense to a prosecution under this section for the use of a physical restraint or chemical restraint if the physical restraint or chemical restraint was necessary for the immediate safety of the vulnerable person, another patient, or staff in the inpatient facility.
Added by Act 2023, No. 783,§ 1, eff. 8/1/2023.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 3 - OFFENSES INVOLVING FAMILIES, DEPENDENTS, ETC. (§§ 5-25-101 — 5-29-205) › Chapter 29 - VULNERABLE PERSONS (§§ 5-29-201 — 5-29-205) › Subchapter 2 - VULNERABLE PERSON PROTECTION ACT (§§ 5-29-201 — 5-29-205) › Section 5-29-204 - Neglect of a vulnerable person

(a)
A person commits neglect of a vulnerable person if, being a healthcare provider or caregiver, he or she purposely neglects a vulnerable person under his or her care or to whom he or she has access due to his or her position as a healthcare provider or caregiver.
(b)
Neglect of a vulnerable person is a:
(1)
Class D felony if the neglect causes serious physical injury or a substantial risk of death to the vulnerable person;
(2)
Class B misdemeanor if the neglect causes physical injury to the vulnerable person; or
(3)
Class C misdemeanor if otherwise committed.
Added by Act 2023, No. 783,§ 1, eff. 8/1/2023.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 3 - OFFENSES INVOLVING FAMILIES, DEPENDENTS, ETC. (§§ 5-25-101 — 5-29-205) › Chapter 29 - VULNERABLE PERSONS (§§ 5-29-201 — 5-29-205) › Subchapter 2 - VULNERABLE PERSON PROTECTION ACT (§§ 5-29-201 — 5-29-205) › Section 5-29-205 - Exploitation of a vulnerable person

(a)
A person commits exploitation of a vulnerable person if, being a healthcare provider or caregiver, he or she exploits a vulnerable person under his or her care or to whom he or she has access due to his or her position as a healthcare provider or caregiver.
(b)
Exploitation of a vulnerable person is a:
(1)
Class B felony if the value of the exploited assets is two thousand five hundred dollars ($2,500) or more;
(2)
Class C felony if the value of the exploited assets is more than two hundred dollars ($200) but less than two thousand five hundred dollars ($2,500); or
(3)
Class A misdemeanor if the value of the exploited assets is two hundred dollars ($200) or less.
Added by Act 2023, No. 783,§ 1, eff. 8/1/2023.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 4 - OFFENSES AGAINST PROPERTY (§§ 5-36-101 — 5-42-205) › Chapter 36 - THEFT (§§ 5-36-101 — 5-36-405) › Subchapter 1 - GENERAL PROVISIONS (§§ 5-36-101 — 5-36-126) › Section 5-36-102 - Consolidation of offenses - 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)
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
.
(d)
(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.
Amended by Act 2015, No. 1263,§ 2, eff. 7/22/2015.
Acts 1975, No. 280, § 2202; A.S.A. 1947, § 41-2202; Acts 2009, No. 1401, § 1.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 4 - OFFENSES AGAINST PROPERTY (§§ 5-36-101 — 5-42-205) › Chapter 36 - THEFT (§§ 5-36-101 — 5-36-405) › Subchapter 1 - GENERAL PROVISIONS (§§ 5-36-101 — 5-36-126) › Section 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.
Acts 1975, No. 280, § 2205; A.S.A. 1947, § 41-2205; Acts 1997, No. 516, § 2; 1997, No. 518, § 2; 2003, No. 838, § 2.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 4 - OFFENSES AGAINST PROPERTY (§§ 5-36-101 — 5-42-205) › Chapter 36 - THEFT (§§ 5-36-101 — 5-36-405) › Subchapter 1 - GENERAL PROVISIONS (§§ 5-36-101 — 5-36-126) › Section 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 twenty-five thousand dollars ($25,000) or more;
(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); or
(B)
The property is a firearm valued at two thousand five hundred dollars ($2,500) or more;
(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:
(i)
Credit card or credit card account number;
(ii)
Debit card or debit card account number; or
(iii)
Firearm valued at less than two thousand five hundred dollars ($2,500); or
(4)
Class A misdemeanor if otherwise committed.
(f)
A person convicted of a felony offense under this section is subject to an enhanced sentence of an additional term of imprisonment of five (5) years at the discretion of the court if the finder of fact finds that the stolen property was nonferrous metal, as it is defined in §
17-44-101
.
Amended by Act 2013, No. 1354,§ 1, eff. 8/16/2013.
Amended by Act 2013, No. 548,§ 1, eff. 8/16/2013.
Acts 1975, No. 280, § 2206; 1977, No. 360, § 10; 1983, No. 719, § 3; A.S.A. 1947, § 41-2206; Acts 1997, No. 303, § 1; 1997, No. 516, § 3; 2003, No. 838, § 3; 2011, No. 570, § 25.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 4 - OFFENSES AGAINST PROPERTY (§§ 5-36-101 — 5-42-205) › Chapter 36 - THEFT (§§ 5-36-101 — 5-36-405) › Subchapter 1 - GENERAL PROVISIONS (§§ 5-36-101 — 5-36-126) › Section 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.
Acts 1975, No. 280, § 2207; A.S.A. 1947, § 41-2207.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 4 - OFFENSES AGAINST PROPERTY (§§ 5-36-101 — 5-42-205) › Chapter 36 - THEFT (§§ 5-36-101 — 5-36-405) › Subchapter 1 - GENERAL PROVISIONS (§§ 5-36-101 — 5-36-126) › Section 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.
Acts 1975, No. 280, § 2208; A.S.A. 1947, § 41-2208.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 4 - OFFENSES AGAINST PROPERTY (§§ 5-36-101 — 5-42-205) › Chapter 36 - THEFT (§§ 5-36-101 — 5-36-405) › Subchapter 1 - GENERAL PROVISIONS (§§ 5-36-101 — 5-36-126) › Section 5-36-120 - Theft of motor fuel

(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 fuel is offered for sale at retail, so as to cause the automobile or other related vehicle to leave the premises of the service station, filling station, gasoline station, garage, or any other business where motor fuel is offered for sale at retail, with the intent of depriving the owner of the motor fuel and not making payment for the motor fuel; or
(2)
Location owned by a political subdivision or nonprofit entity whether or not the motor fuel is offered for sale at retail, so as to cause the automobile or other related vehicle to leave the premises of the political subdivision or nonprofit entity, with the intent of depriving the owner of the motor fuel and not making payment for the motor fuel.
(b)
Theft of motor fuel is a Class A misdemeanor.
(c)
(1)
(A)
In addition to a penalty in subsection (b) of this section, a person who pleads guilty or nolo contendere to or is found guilty of theft of motor fuel shall have his or her driver's license suspended by the court for a period of not more than six (6) months.
(B)
However, if the person's driver's license has previously been suspended for theft of motor fuel, the court shall suspend the person's driver's license for not less than one (1) year.
(2)
(A)
The court shall immediately take possession of any suspended driver's license and forward it to the Office of Driver Services.
(B)
The office shall notify the licensee of the suspension and of an opportunity to request a hearing to determine if a restricted permit should be issued during the time of suspension.
(d)
Any service station, filling station, garage, or other location where motor fuel is offered for sale at retail shall prominently display on each face of a retail product dispenser a sign that contains the following: "THEFT OF MOTOR FUEL IS A CLASS A MISDEMEANOR AND CARRIES A MAXIMUM PENALTY OF ONE (1) YEAR IN JAIL, $1000 FINE, AND A ONE (1) YEAR SUSPENSION OF YOUR DRIVER'S LICENSE."
(e)
As used in this section:
(1)
"Nonprofit entity" means an organization that is exempt from income tax under
26 U.S.C. § 501(a)
; and
(2)
"Political subdivision" means an agency, department, or other governing body of the state.
Acts 2001, No. 745, § 2; 2005, No. 900, § 1; 2011, No. 194, § 9.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 4 - OFFENSES AGAINST PROPERTY (§§ 5-36-101 — 5-42-205) › Chapter 36 - THEFT (§§ 5-36-101 — 5-36-405) › Subchapter 1 - GENERAL PROVISIONS (§§ 5-36-101 — 5-36-126) › Section 5-36-121 - Theft of recyclable materials

(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 operating the container as a part of the recycling program.
(2)
(A)
For a first offense under subdivision (a)(1) of this section, a person shall be issued a citation that is a warning citation and no court appearance is required and no penalty shall be imposed by the court.
(B)
A record of each warning citation issued shall be maintained and for any subsequent offense, the offender is subject to a penalty prescribed.
(3)
Any person who pleads guilty or nolo contendere to or is found guilty of violating subdivision (a)(1) of this section for a subsequent offense is guilty of a Class C misdemeanor.
(b)
(1)
No person shall divert to commercial use any recyclable material 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 operating the container as a part of the recycling program.
(2)
Any person who pleads guilty or nolo contendere to or is found guilty of violating a provision of subdivision (b)(1) of this section is guilty of a Class A misdemeanor.
Acts 2001, No. 1720, § 1.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 4 - OFFENSES AGAINST PROPERTY (§§ 5-36-101 — 5-42-205) › Chapter 36 - THEFT (§§ 5-36-101 — 5-36-405) › Subchapter 1 - GENERAL PROVISIONS (§§ 5-36-101 — 5-36-126) › Section 5-36-124 - Theft by receiving of scrap metal

(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.
(b)
A person commits the offense of theft by receiving of scrap metal if he or she receives, retains, purchases, or disposes of scrap metal of another person and he or she knows or reasonably should have known that the scrap metal was stolen.
(c)
Theft by receiving of scrap metal is a:
(1)
Class A misdemeanor; or
(2)
Class D felony if it is a second or subsequent offense of theft by receiving of scrap metal or the value of the scrap metal is more than one thousand dollars ($1,000).
(d)
A person convicted of a felony offense under this section is subject to an enhanced sentence of an additional term of imprisonment of five (5) years at the discretion of the court if the finder of fact finds that the scrap metal was nonferrous metal, as it is defined in §
17-44-101
.
Amended by Act 2023, No. 736,§ 8, eff. 8/1/2023.
Amended by Act 2013, No. 1354,§ 4, eff. 8/16/2013.
Amended by Act 2013, No. 1354,§ 3, eff. 8/16/2013.
Amended by Act 2013, No. 1125,§ 8, eff. 8/16/2013.
Acts 2011, No. 1193, § 1.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 4 - OFFENSES AGAINST PROPERTY (§§ 5-36-101 — 5-42-205) › Chapter 36 - THEFT (§§ 5-36-101 — 5-36-405) › Subchapter 1 - GENERAL PROVISIONS (§§ 5-36-101 — 5-36-126) › Section 5-36-125 - Unlawful transfer of stolen property to a pawn shop or pawnbroker

(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; or
(2)
Having good reason to believe that the property was stolen.
(b)
Unlawful transfer of stolen property to a pawn shop or pawnbroker is a:
(1)
Class A misdemeanor; or
(2)
Class D felony for a second or subsequent offense within five (5) years of a prior offense.
Added by Act 2013, No. 1290,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 4 - OFFENSES AGAINST PROPERTY (§§ 5-36-101 — 5-42-205) › Chapter 36 - THEFT (§§ 5-36-101 — 5-36-405) › Subchapter 1 - GENERAL PROVISIONS (§§ 5-36-101 — 5-36-126) › Section 5-36-126 - Theft of a catalytic converter - Unauthorized possession of a catalytic converter

(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 permanent ink, that clearly and legibly indicates the:
(A)
Date the catalytic converter was removed from the motor vehicle; and
(B)
Vehicle identification number, the last eight (8) digits of the vehicle identification number, or a stock number within an electronic database associated with a single vehicle identification number of the motor vehicle the catalytic converter was removed from.
(b)
A person commits theft of a catalytic converter if he or she commits, aids, or is an accomplice to a commission of theft of property under §
5-36-103(a)
and the property is a catalytic converter.
(c)
A person commits unauthorized possession of a catalytic converter if the person:
(1)
Knowingly possesses a catalytic converter that has been removed from a motor vehicle and that is not permanently marked; and
(2)
Is not:
(A)
The owner of the motor vehicle from which the catalytic converter was removed; or
(B)
Possessing the catalytic converter in the ordinary course of the person's business.
(d)
(1)
Theft of a catalytic converter is a Class C felony.
(2)
The court may order a person convicted of theft of a catalytic converter to pay restitution for the value of the repair or replacement of the catalytic converter.
(e)
Unauthorized possession of a catalytic converter is a:
(1)
Class C felony if the person:
(A)
Has a prior conviction for unauthorized possession of a catalytic converter; or
(B)
In the course of the unauthorized possession of a catalytic converter, the person commits or attempts, conspires, or solicits another person to commit an offense related to a catalytic converter; or
(2)
Class D felony if otherwise committed.
Amended by Act 2023, No. 709,§ 2, eff. 8/1/2023.
Amended by Act 2023, No. 709,§ 1, eff. 8/1/2023.
Added by Act 2023, No. 264,§ 1, eff. 8/1/2023.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 4 - OFFENSES AGAINST PROPERTY (§§ 5-36-101 — 5-42-205) › Chapter 36 - THEFT (§§ 5-36-101 — 5-36-405) › Subchapter 2 - THEFT OF PUBLIC BENEFITS (§§ 5-36-201 — 5-36-206) › Section 5-36-201 - Definitions

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 any combination of federal or state funds, in cash or in kind, whose distribution to the public is administered by an agency of the State of Arkansas.
Acts 1993, No. 320, § 1.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 4 - OFFENSES AGAINST PROPERTY (§§ 5-36-101 — 5-42-205) › Chapter 36 - THEFT (§§ 5-36-101 — 5-36-405) › Subchapter 2 - THEFT OF PUBLIC BENEFITS (§§ 5-36-201 — 5-36-206) › Section 5-36-202 - Theft of public benefits

(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 impersonation; or
(B)
Through failure to disclose a material fact used in making a determination as to the person's qualification to receive a public benefit; or
(2)
Receives, retains, or disposes of a public benefit knowing or having reason to know that the public benefit was obtained in violation of this subchapter.
(b)
Presentation of false or fictitious information or failure to disclose a material fact in the process of obtaining or retaining public benefits is prima facie evidence of purpose to commit theft of public benefits.
(c)
Theft of public benefits is a:
(1)
Class B felony if the value of the public benefit is two thousand five hundred dollars ($2,500) or more;
(2)
Class C felony if the value of the public benefit is less than two thousand five hundred dollars ($2,500) but more than five hundred dollars ($500); or
(3)
Class A misdemeanor if the value of the public benefit is five hundred dollars ($500) or less.
(d)
In addition to an extended term of imprisonment provided by §
5-4-501
for a habitual offender, any person who pleads guilty or nolo contendere to or is found guilty of violating this section shall be imprisoned:
(1)
For no less than seven (7) days for a second offense occurring within five (5) years of a prior offense;
(2)
For no less than ninety (90) days for a third offense occurring within five (5) years of a prior offense; and
(3)
For at least one (1) year for a fourth or subsequent offense occurring within five (5) years of a prior offense.
(e)
In addition to restitution, any person who pleads guilty or nolo contendere to or is found guilty of violating this section shall be fined no less than:
(1)
One hundred fifty dollars ($150) for the first offense;
(2)
Four hundred dollars ($400) for a second offense occurring within five (5) years of a prior offense; and
(3)
Nine hundred dollars ($900) for a third or subsequent offense occurring within five (5) years of a prior offense.
Amended by Act 2015, No. 1263,§ 7, eff. 7/22/2015.
Acts 1993, No. 320, §§ 2, 3.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 4 - OFFENSES AGAINST PROPERTY (§§ 5-36-101 — 5-42-205) › Chapter 36 - THEFT (§§ 5-36-101 — 5-36-405) › Subchapter 2 - THEFT OF PUBLIC BENEFITS (§§ 5-36-201 — 5-36-206) › Section 5-36-203 - [Repealed]

Repealed by Act 2015, No. 1263,§ 8, eff. 7/22/2015.
Acts 1993, No. 320, § 4; 2005, No. 1994, § 463.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 4 - OFFENSES AGAINST PROPERTY (§§ 5-36-101 — 5-42-205) › Chapter 36 - THEFT (§§ 5-36-101 — 5-36-405) › Subchapter 2 - THEFT OF PUBLIC BENEFITS (§§ 5-36-201 — 5-36-206) › Section 5-36-204 - [Repealed]

Repealed by Act 2015, No. 1263,§ 9, eff. 7/22/2015.
Acts 1993, No. 320, §§ 5, 6.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 4 - OFFENSES AGAINST PROPERTY (§§ 5-36-101 — 5-42-205) › Chapter 36 - THEFT (§§ 5-36-101 — 5-36-405) › Subchapter 2 - THEFT OF PUBLIC BENEFITS (§§ 5-36-201 — 5-36-206) › Section 5-36-205 - Ineligibility for programs

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 participation in the food stamp program, as follows:
(A)
For a period of one (1) year upon the first occasion of an offense pertaining to the receipt of a food stamp;
(B)
For a period of two (2) years upon the second occasion of an offense pertaining to the receipt of a food stamp; and
(C)
Permanently upon the third occasion of an offense pertaining to the receipt of a food stamp;
(2)
Any recipient of transitional employment assistance who pleads guilty or nolo contendere to or is found guilty of a violation set forth in this subchapter is ineligible for further participation in the Transitional Employment Assistance Program, as follows:
(A)
For a period of one (1) year upon the first occasion of an offense pertaining to the receipt of transitional employment assistance;
(B)
For a period of two (2) years upon the second occasion of an offense pertaining to the receipt of transitional employment assistance; and
(C)
Permanently upon the third occasion of an offense pertaining to the receipt of transitional employment assistance;
(3)
Any recipient of supplemental security income who pleads guilty or nolo contendere to or is found guilty of a violation set forth in this subchapter is ineligible for further participation in the Supplemental Security Income Program, as follows:
(A)
For a period of one (1) year upon the first occasion of an offense pertaining to the receipt of supplemental security income;
(B)
For a period of two (2) years upon the second occasion of an offense pertaining to the receipt of supplemental security income; and
(C)
Permanently upon the third occasion of an offense pertaining to the receipt of supplemental security income; and
(4)
An individual is ineligible to participate in the food stamp program as a member of any household for a ten-year period if the individual is found by the Department of Human Services to have made or is found guilty of or pleads guilty or nolo contendere to having made a fraudulent statement or representation with respect to the identity or place of residence of the individual in order to receive multiple benefits simultaneously.
Acts 1993, No. 320, § 7; 1995, No. 1174, § 1; 1997, No. 1058, § 28; 1999, No. 1567, § 2.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 4 - OFFENSES AGAINST PROPERTY (§§ 5-36-101 — 5-42-205) › Chapter 36 - THEFT (§§ 5-36-101 — 5-36-405) › Subchapter 2 - THEFT OF PUBLIC BENEFITS (§§ 5-36-201 — 5-36-206) › Section 5-36-206 - Deputizing attorneys to prosecute offenses

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.
Acts 1993, No. 320, § 8.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 4 - OFFENSES AGAINST PROPERTY (§§ 5-36-101 — 5-42-205) › Chapter 36 - THEFT (§§ 5-36-101 — 5-36-405) › Subchapter 3 - WIRELESS SERVICES THEFT PREVENTION LAW (§§ 5-36-301 — 5-36-307) › Section 5-36-301 - Title

This subchapter may be cited as the "Wireless Services Theft Prevention Law".
Acts 1997, No. 1310, § 1.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 4 - OFFENSES AGAINST PROPERTY (§§ 5-36-101 — 5-42-205) › Chapter 36 - THEFT (§§ 5-36-101 — 5-36-405) › Subchapter 3 - WIRELESS SERVICES THEFT PREVENTION LAW (§§ 5-36-301 — 5-36-307) › Section 5-36-302 - Definitions

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 of the wireless service provider;
(2)
(A)
"Wireless device" means any type of instrument, device, machine, or equipment that is capable of transmitting or receiving telephonic, electronic, or radio communications and that is capable, or has been altered, modified, programmed, or reprogrammed alone or in conjunction with another access device or other equipment so as to be capable of acquiring or facilitating the acquisition of a wireless service without the consent of the wireless service provider.
(B)
"Wireless device" includes, but is not limited to, a phone altered to obtain service without the consent of the wireless service provider, a tumbler phone, counterfeit or clone phone, tumbler microchip, counterfeit or clone microchip, or other instrument capable of disguising its identity or location or of gaining access to a communications system operated by a wireless service provider;
(3)
"Wireless service" includes, but is not limited to, any service provided for a charge or compensation to facilitate the origination, transmission, emission, or reception of a sign, signals, data, writing, image or sound, or intelligence of any nature by telephone, including a cellular, personal communication service, wireless, radio, electromagnetic, photoelectronic, or photo-optical system; and
(4)
"Wireless service provider" means a person or entity providing a commercial mobile service as defined in §
23-17-403
.
Acts 1997, No. 1310, § 2.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 4 - OFFENSES AGAINST PROPERTY (§§ 5-36-101 — 5-42-205) › Chapter 36 - THEFT (§§ 5-36-101 — 5-36-405) › Subchapter 3 - WIRELESS SERVICES THEFT PREVENTION LAW (§§ 5-36-301 — 5-36-307) › Section 5-36-303 - Theft of wireless service

(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 aggregate value of wireless service obtained is one thousand dollars ($1,000) or less;
(2)
Class D felony if the:
(A)
Aggregate value of wireless service obtained is five thousand dollars ($5,000) or less but more than one thousand dollars ($1,000); or
(B)
Stolen wireless service is used to communicate a threat of damage or injury by bombing, fire, or other means, in a manner likely to:
(i)
Place another person in reasonable apprehension of physical injury to himself or herself or another person or of damage to his or her property or to the property of another person; or
(ii)
Create a public alarm;
(3)
Class C felony if the:
(A)
Aggregate value of wireless service is more than five thousand dollars ($5,000) but less than twenty-five thousand dollars ($25,000);
(B)
Conviction is for a second or subsequent offense; or
(C)
Person convicted of the offense has been previously convicted of any similar crime in this or any other state or federal jurisdiction; or
(4)
Class B felony if the aggregate value of the wireless service is twenty-five thousand dollars ($25,000) or more.
Acts 1997, No. 1310, § 3; 2003, No. 1087, § 25; 2011, No. 570, § 26.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 4 - OFFENSES AGAINST PROPERTY (§§ 5-36-101 — 5-42-205) › Chapter 36 - THEFT (§§ 5-36-101 — 5-36-405) › Subchapter 3 - WIRELESS SERVICES THEFT PREVENTION LAW (§§ 5-36-301 — 5-36-307) › Section 5-36-304 - Facilitating theft of wireless service by manufacture, distribution, or possession of devices for theft of wireless services

(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 or facilitate the acquisition of wireless service without the consent of the wireless service provider; or
(ii)
Concealing or assisting another person to conceal from any wireless service provider or from any lawful authority the existence or place of origin or of destination of any wireless communication; or
(2)
Sells, possesses, distributes, gives, or otherwise transfers to another or offers, promotes, or advertises for sale any wireless device or any plans or instructions for making or assembling a wireless device, under circumstances evidencing an intent to use or employ the wireless device, or to allow it to be used or employed, for a purpose described in subdivision (a)(1) of this section or knowing or having reason to believe that the wireless device is intended to be so used, or that the plans or instructions are intended to be used for making or assembling a wireless device intended to be used in violation of this subchapter.
(b)
Facilitating theft of wireless service is a:
(1)
Class A misdemeanor if the aggregate value of service obtained is five hundred dollars ($500) or less;
(2)
Class C felony if the aggregate value of service obtained is more than five hundred dollars ($500) but less than twenty-five hundred dollars ($2500); or
(3)
Class B felony if the:
(A)
Aggregate value of service is twenty-five hundred dollars ($2500) or more;
(B)
Conviction is for a second or subsequent offense; or
(C)
Person convicted of the offense has been previously convicted of any similar crime in this or any other state or federal jurisdiction.
Acts 1997, No. 1310, § 4.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 4 - OFFENSES AGAINST PROPERTY (§§ 5-36-101 — 5-42-205) › Chapter 36 - THEFT (§§ 5-36-101 — 5-36-405) › Subchapter 3 - WIRELESS SERVICES THEFT PREVENTION LAW (§§ 5-36-301 — 5-36-307) › Section 5-36-305 - Restitution

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
.
Acts 1997, No. 1310, § 5.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 4 - OFFENSES AGAINST PROPERTY (§§ 5-36-101 — 5-42-205) › Chapter 36 - THEFT (§§ 5-36-101 — 5-36-405) › Subchapter 3 - WIRELESS SERVICES THEFT PREVENTION LAW (§§ 5-36-301 — 5-36-307) › Section 5-36-306 - Civil remedy

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)
Reasonable investigation expenses;
(4)
Costs of suit; and
(5)
Attorney fees.
Acts 1997, No. 1310, § 6.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 4 - OFFENSES AGAINST PROPERTY (§§ 5-36-101 — 5-42-205) › Chapter 36 - THEFT (§§ 5-36-101 — 5-36-405) › Subchapter 3 - WIRELESS SERVICES THEFT PREVENTION LAW (§§ 5-36-301 — 5-36-307) › Section 5-36-307 - Scanners not prohibited

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.
Acts 1997, No. 1310, § 7.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 4 - OFFENSES AGAINST PROPERTY (§§ 5-36-101 — 5-42-205) › Chapter 36 - THEFT (§§ 5-36-101 — 5-36-405) › Subchapter 4 - OFFENSES INVOLVING THEFT DETECTION DEVICES (§§ 5-36-401 — 5-36-405) › Section 5-36-401 - Unlawful use of a theft detection shielding device

(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 merchandise from detection by an electronic or magnetic theft alarm sensor.
(b)
(1)
The unlawful use of a theft detection shielding device is a Class A misdemeanor.
(2)
A subsequent violation of this section is a Class D felony.
Acts 2001, No. 1194, § 1.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 4 - OFFENSES AGAINST PROPERTY (§§ 5-36-101 — 5-42-205) › Chapter 36 - THEFT (§§ 5-36-101 — 5-36-405) › Subchapter 4 - OFFENSES INVOLVING THEFT DETECTION DEVICES (§§ 5-36-401 — 5-36-405) › Section 5-36-402 - Unlawful possession of a theft detection shielding device

(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 magnetic theft alarm sensor with the intent to commit theft or retail theft.
(b)
(1)
The unlawful possession of a theft detection shielding device is a Class A misdemeanor.
(2)
A subsequent violation of this section is a Class D felony.
Acts 2001, No. 1194, § 2.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 4 - OFFENSES AGAINST PROPERTY (§§ 5-36-101 — 5-42-205) › Chapter 36 - THEFT (§§ 5-36-101 — 5-36-405) › Subchapter 4 - OFFENSES INVOLVING THEFT DETECTION DEVICES (§§ 5-36-401 — 5-36-405) › Section 5-36-403 - Unlawful possession of a theft detection device remover

(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 detection device from any merchandise without the permission of the merchant or person owning or holding the merchandise.
(b)
(1)
The unlawful possession of a theft detection device remover is a Class A misdemeanor.
(2)
A subsequent violation of this section is a Class D felony.
Acts 2001, No. 1194, § 3.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 4 - OFFENSES AGAINST PROPERTY (§§ 5-36-101 — 5-42-205) › Chapter 36 - THEFT (§§ 5-36-101 — 5-36-405) › Subchapter 4 - OFFENSES INVOLVING THEFT DETECTION DEVICES (§§ 5-36-401 — 5-36-405) › Section 5-36-404 - Unlawful removal of a theft detection device

(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 is a Class A misdemeanor.
(2)
A subsequent violation of this section is a Class D felony.
Acts 2001, No. 1194, § 4.