§ 5-36-103 - Theft of property.
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 two thousand five hundred dollars ($2,500) 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;
(E) (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)(1)(E)(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
(F) 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;
(2) Class C felony if:
(A) The value of the property is less than two thousand five hundred dollars ($2,500) but more than five hundred dollars ($500);
(B) The property is obtained by threat;
(C) The property is a firearm valued at less than two thousand five hundred dollars ($2,500);
(D) The property is a:
(i) Credit card or credit card account number; or
(ii) Debit card or debit card account number;
(E) The property is livestock and the value of the livestock is in excess of two hundred dollars ($200); or
(F) The value of the property is at least one hundred dollars ($100) 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;
(3) (A) Class D felony if:
(i) The value of the property is five hundred dollars ($500) or less; and
(ii) The property was unlawfully obtained during a criminal episode.
(B) As used in subdivision (b)(3)(A)(ii) of this section, "criminal episode" means a series of thefts committed by the same person on three (3) or more occasions within three (3) days; or
(4) Class A misdemeanor if:
(A) The value of the property is five hundred dollars ($500) 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 man-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.