Arkansas Theft and Shoplifting Laws

If you're looking for a Arkansas online theft class, it's important to know your Arkansas theft laws. This can help you understand more about your offense.

Please note that the Arkansas theft laws displayed on this page are to help you to understand your local Arkansas theft, shoplifting and stealing laws. While we have tried to show the latest version of Arkansas theft laws, we do not guarantee its accuracy. This page is not a replacement for legal advice from an attorney. It is in your best interest that you find an appropriate attorney for more information about Arkansas theft laws.

Class	Price
4 Hour Theft Class	$99	Register Now
6 Hour Theft Class	$129	Register Now
8 Hour Theft Class	$149	Register Now
12 Hour Theft Class	$199	Register Now
16 Hour Advanced Class	$249	Register Now
24 Hour Extended Theft Class	$349	Register Now

Arkansas Theft and Shoplifting Laws: Simplified

Definitions

Article: This term covers almost any object, material, or copy of an object, including writings, recordings, photographs, samples, prototypes, and maps.

Copy: This means any duplicate, like a replica or photo, of an article. Even sketches or notes from an original item count as a "copy."

Deception: Deception involves creating a false impression or failing to correct one that affects another person’s judgment. It can include hiding important information or using a scheme to mislead. However, simply breaking a promise isn’t automatically "deception."

Deprive: To deprive means withholding property permanently or in a way that removes most of its value or benefit from the owner.

Motor Fuel: Includes gasoline, diesel, alcohol, and other fuels sold for vehicles.

Obtain: In this context, it means causing a transfer of property or service, whether for oneself or another person.

Property: This includes both real and personal property, such as money, or any document representing something of value.

Property of Another Person: This refers to property owned by anyone other than the person taking it. However, it does not include property in possession of the taker if another person only has a security interest in it.

Service: Service covers labor, professional services, public utilities, and access to accommodations like hotels and vehicles.

Threat: This includes any communicated menace to harm, damage property, or damage a person’s reputation, or take action to harm them financially or socially.

Trade Secret: Refers to valuable scientific or technical information not widely known, which the owner controls.

Value: Value is usually the market value of a property or service at the time of the offense, or its replacement cost if the market value is unknown.

Vehicle: Any craft designed for transporting people or property across land, water, or air.

Consolidation of Theft Offenses

All theft-related conduct under these laws is combined into one general theft offense. Even if the theft type isn't specified, evidence can still support a theft charge. Concealing items in a store may indicate intent to steal. When livestock is involved, a person who fails to pay after claiming they will is presumed to have deceived the seller.

Theft of Property

A person commits theft if they knowingly take or control someone else's property without permission or deceive or threaten someone to obtain it. Theft charges vary based on the property's value and the methods used, ranging from misdemeanors to felonies. Theft involving threats or during emergencies is penalized more severely.

Theft of Services

Theft of services occurs when someone obtains a service meant to be paid for through deception or other means to avoid payment. If the service is typically paid for immediately, leaving without paying suggests intent to steal the service. Punishments increase depending on the service’s value and whether threats were used.

Theft of Lost, Mislaid, or Mistakenly Delivered Property

If a person takes control of lost or wrongly delivered property and intends to keep it without attempting to return it, they commit theft. The level of punishment depends on the property's value.

Theft by Receiving

Receiving stolen property, knowing or believing it’s stolen, is theft by receiving. Evidence like unexplained possession of stolen goods or purchasing them at an unusually low price suggests knowledge they were stolen. This is a felony or misdemeanor, depending on the property's value.

Theft of a Trade Secret

Using or copying a trade secret without permission with the intent to deprive the owner is considered theft. This is a Class A misdemeanor.

Unauthorized Use of a Vehicle

Taking or using someone else’s vehicle without their consent is unauthorized use, which is a Class A misdemeanor.

Theft of Leased, Rented, or Entrusted Property

If someone intentionally misuses or keeps leased or rented property or lies about their credit to gain services or goods, they can be charged with theft. Not returning rented property or using false ID can be evidence of intent to steal.

Shoplifting

Shoplifting includes knowingly concealing unpurchased goods with intent to take them. Merchants or their employees can detain a suspected shoplifter in a reasonable manner without legal repercussions. Exiting a store with an item that activates an anti-theft device also justifies detention. If there’s probable cause for shoplifting, law enforcement can arrest the suspect on the spot, and the suspect must be brought before a judge.

Theft of Services from Utilities

If a person purposefully uses deception to avoid paying for a utility service, such as gas, electricity, or water, it is considered theft of services. This offense is treated seriously, particularly if the theft results in environmental harm or damage to utility infrastructure. Restitution must be made to the utility provider, covering the cost of the service stolen and any damages to utility property.

Theft of Property Lost, Mislaid, or Delivered by Mistake

If someone finds or receives property that is lost, mislaid, or delivered by mistake and knowingly keeps it without trying to return it to the rightful owner, it’s considered theft. The severity of the charge depends on the value of the property and can range from a Class D felony to a misdemeanor.

Theft by Receiving Stolen Property

Receiving stolen property, with knowledge or strong suspicion that it was stolen, is also theft. This includes possessing or buying items known to be stolen, especially at a suspiciously low price. Theft by receiving is treated as a felony or misdemeanor depending on the value and type of property.

Theft of a Trade Secret

A trade secret theft occurs when someone obtains or shares confidential technical or scientific information without permission, intending to deprive the owner of control over it. This can include unauthorized copying or disclosure of the information. This offense is a Class A misdemeanor.

Unauthorized Use of a Vehicle

Using another person’s vehicle without their consent, even if it is only temporarily, qualifies as unauthorized use of a vehicle. This offense is classified as a Class A misdemeanor.

Theft of Leased, Rented, or Entrusted Personal Property

When a person leases or rents personal property, like equipment or vehicles, and either fails to return it or provides false information to avoid payment, it is considered theft. A person who does not return the property within a specified time frame or gives a fake ID or address could be presumed to have intended theft.

Shoplifting Laws and Anti-Theft Measures

Shoplifting is defined as knowingly concealing or taking items in a store without paying for them. Stores can detain suspected shoplifters in a reasonable manner and for a reasonable time without facing legal repercussions for wrongful detention. If a store uses anti-theft devices, activating one by trying to leave with unpaid items can also be grounds for detention.

In cases where there is probable cause to believe someone has shoplifted, law enforcement officers can arrest the suspect immediately, without a warrant, and the suspect will be brought before a magistrate. The shopkeeper or their employee must provide a written statement as probable cause for the arrest.

Theft by False Report of Wealth or Credit

This type of theft occurs when a person falsely claims to have wealth or credit to acquire goods, services, or property fraudulently. If someone pretends to have the means to pay when they do not, they could face theft charges. The punishment aligns with general theft laws, and the value of the property or service determines the severity of the offense.

Theft of Utility Services

Theft of utility services, such as electricity, gas, or water, is a serious offense, especially if the theft leads to contamination or damage to utility equipment. If a person uses utility services without authorization or tampers with utility lines to avoid payment, they must not only face legal penalties but also make restitution to cover the stolen service and any repair costs.

Enhanced Penalties for Theft During an Emergency

Arkansas law has special provisions for theft during a declared state of emergency. If a person steals essential items, such as a generator or equipment vital to public safety during an emergency, they may face enhanced penalties. For example, a theft that might otherwise be a misdemeanor could be elevated to a felony. Additionally, fines for theft during emergencies are significantly higher, ranging from $5,000 to $50,000.

Aggregation of Theft Amounts

When multiple thefts occur as part of a single scheme or plan, Arkansas law allows the amounts stolen to be combined. This aggregation can lead to a higher total value and, consequently, more severe charges. For example, if someone repeatedly steals small items over several incidents but with a single intent, the total value can be counted together to determine the level of offense.

Theft of Services and Intent to Avoid Payment

If a person knowingly obtains a service that is supposed to be paid for, such as a restaurant meal or hotel stay, and leaves without paying, it’s considered theft of services. Arkansas law presumes that if a person leaves without paying or attempting to pay, they intended to avoid payment. This applies to services that are typically paid for immediately upon receiving them.

Theft of Property in Specific Situations

Certain situations define theft in Arkansas uniquely. For instance, if a person takes property that was lost or mistakenly delivered to them and fails to return it, knowing they are not the rightful owner, they are committing theft. Also, if someone rents or leases property and then doesn’t return it within a reasonable time after the agreed period, it may also be considered theft, especially if the person gave false information to obtain the rental.

Defenses to Theft Charges

In Arkansas, there are some defenses available for individuals accused of theft in specific situations. For example, if a person receives or holds onto stolen property but intends to return it to the rightful owner, this intent can be a valid defense against theft by receiving charges. Similarly, in cases of theft of leased or rented property, it may be a defense if the accused person:

1. Accurately provided their name and address when signing the rental agreement.
2. Had a legitimate reason for not returning the property on time.
3. Did not personally receive the notice to return the property, unless they had explicitly waived this requirement.
4. Returns the rented or leased property within 48 hours of the start of any legal action, along with any overdue charges or damages.

These defenses allow for flexibility in certain theft cases, particularly where the accused did not have a clear intent to permanently keep the property or service.

Restitution Requirements in Theft Cases

In addition to criminal penalties, Arkansas law often requires individuals found guilty of theft to make restitution, meaning they must compensate the victim for the stolen property or service. Restitution can include the value of the stolen item or service, the cost of repairs, and other measurable financial losses directly linked to the offense. For example, in utility theft cases, the person must repay the cost of the stolen service and any repair expenses incurred by the utility provider. If the accused disagrees with the restitution amount, they have the right to provide evidence to potentially reduce the required payment.

Shoplifting and Detention Rules for Merchants

Arkansas law provides merchants with specific rights to detain suspected shoplifters in a lawful way. If a person is caught concealing items without paying for them, store personnel, including employees or security staff, may detain them in a reasonable manner and for a reasonable time to investigate. Activation of anti-theft devices when leaving the store also gives store staff cause to hold the person temporarily. Merchants or their staff who detain a suspect under these conditions are protected from claims of false arrest, false imprisonment, or unlawful detention, as long as the detention is reasonable.

Theft Involving Threats or Coercion

Theft can also involve threats or intimidation. If someone takes another person’s property by making threats or using coercion, it is classified as theft by threat. This can include threatening physical harm, exposing damaging information, or accusing the person of a crime unless they hand over property. Arkansas law recognizes this form of theft as particularly serious, especially if the person making threats has a fiduciary (trust-based) or confidential relationship with the victim. Theft through threats often results in felony charges due to the use of intimidation.

Enhanced Penalties for Theft of Vital Services During Emergencies

Arkansas imposes harsher penalties for theft of essential services or equipment during times of crisis, such as natural disasters or other declared emergencies. Theft of items critical to public safety—such as generators, firefighting equipment, and other emergency supplies—can lead to significant penalties. Even if the theft would normally qualify as a misdemeanor, it may be elevated to a felony during a state of emergency. In addition to criminal penalties, fines are much higher in these cases, ranging from $5,000 to $50,000. This approach helps protect vital resources needed to maintain public safety and welfare during emergencies.

Theft of Trade Secrets

Theft of trade secrets in Arkansas applies to cases where someone intentionally takes, discloses, or copies confidential business information, such as unique formulas, designs, or technical methods, without the owner’s permission. This kind of theft, often related to corporate espionage or intellectual property infringement, is classified as a Class A misdemeanor. The law aims to protect businesses' valuable, proprietary information from unauthorized use that could harm their competitive advantage.

Aggregated Theft for Continuous or Linked Thefts

When a series of thefts occurs as part of an ongoing plan or scheme, Arkansas law allows the total value of the stolen property or services to be combined. This means that multiple small thefts can be treated as a single offense if they are part of a unified course of conduct. For example, if a person repeatedly shoplifts small items over time as part of a larger plan, the total value of all items stolen can be counted together, potentially resulting in higher penalties. This rule helps address repeated thefts that might otherwise be treated as minor offenses individually.

Unauthorized Use and Theft of Rental Property

Arkansas law takes the unauthorized use or theft of rented, leased, or entrusted property seriously. If someone rents or leases property, like a vehicle or equipment, and fails to return it within a reasonable time after the lease period, it could be considered theft, especially if the person gave false or misleading information to obtain the rental. The law also provides protections for lessors (those renting out the property) to take legal action if the rented property is not returned as agreed. In these cases, the lessor is required to provide a notice by certified mail demanding the return of the property. If the person fails to comply, it is evidence of an intent to commit theft.

Penalties for Different Classes of Theft

Arkansas law classifies theft offenses based on the value and type of property or service taken, with different levels of penalties:

1. Class A Misdemeanor: Generally applies to theft of property valued at $500 or less. This is the least severe charge and often involves smaller-scale thefts.

2. Class D Felony: Applies to theft involving property valued at $1,000 or more or cases involving specific circumstances, like repeated thefts (known as a "criminal episode"). Theft of utility services can also fall under this category if the theft causes minor damages.

3. Class C and Class B Felonies: These apply to higher-value thefts or cases involving threats or a breach of trust. For instance, thefts involving property valued between $500 and $2,500, theft of firearms, or theft by individuals in a position of trust are often classified under these levels.

These varying levels of charges allow the law to differentiate between minor and more serious thefts, with consequences increasing based on the crime’s nature and impact.

Key Takeaways

Arkansas’s theft and shoplifting laws cover a wide range of offenses, from basic shoplifting to more complex thefts involving deception, threats, and misuse of rental property. The laws are designed to address the varying nature of theft crimes, considering factors like value, intent, method, and circumstances such as emergencies. They provide protections for victims, including restitution requirements, while also giving accused individuals certain defenses in specific situations. These laws ensure that theft is treated as a serious offense with penalties that escalate according to the harm caused and the circumstances surrounding each case.

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