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5-36-102. Consolidation of offenses — Theft by deception presumption at auction of livestock — Amount of theft.
Arkansas Code — all titles (historical 2020) · legal_authorities
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.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-36-102
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:5-36-102
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 1e07e2f850244583baa1fcd51b32210e6787e14fa21dc1003ce0fab54e369e98
Source location: content.xml paragraph 14682
Stored source content
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.
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Federal law — U.S. Code and appendices · legal_authorities
This chapter may be cited as the “Packers and Stockyards Act, 1921.”
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 181
Stored review status: release_metadata_unconfirmed. The source passage cites 7 U.S.C. § 181. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 331
TITLE 7—AGRICULTURE
§ 182
§ 301, eff. July 1, 1947, 12 F.R. 4534, 61 Stat. 952. See note
set out under section 391 of this title.
By order of Secretary of Agriculture, Packers and
Stockyards Administration abolished on July 1, 1927,
and enforcement of Packers and Stockyards Act of 1921,
which is classified to this chapter, was put under con-
trol of chief of Bureau of Animal Industry.
SUBCHAPTER I—GENERAL DEFINITIONS
§ 181. Short title
This chapter may be cited as the ‘‘Packers and
Stockyards Act, 1921.’’
(Aug. 15, 1921, ch. 64, title I, § 1, 42 Stat. 159.)
Statutory Notes and Related Subsidiaries
SHORT TITLE OF 2016 AMENDMENT
Pub. L. 114–237, § 1, Oct. 7, 2016, 130 Stat. 970, provided
that: ‘‘This Act [amending sections 201 and 228b of this
title] may be cited as the ‘Clarification of Treatment of
Electronic Sales of Livestock Act of 2016’.’’
SHORT TITLE OF 1987 AMENDMENT
Pub. L. 100–173, § 1, Nov. 23, 1987, 101 Stat. 917, pro-
vided that: ‘‘This Act [enacting sections 197 and 228b–1
to 228b–4 of this title, amending sections 182, 192, 209,
221, 223, 227, and 228a of this title, repealing sections 218
to 218d of this title, and enacting provisions set out as
notes under sections 182 and 227 of this title] may be
cited as the ‘Poultry Producers Financial Protection
Act of 1987’.’’
IMPROVED INVESTIGATIVE AND ENFORCEMENT
ACTIVITIES UNDER THIS CHAPTER
Pub. L. 106–472, title III, § 312(a)-(d), Nov. 9, 2000, 114
Stat. 2076, 2077, provided that:
‘‘(a) IMPLEMENTATION OF GENERAL ACCOUNTING OFFICE
[NOW
GOVERNMENT
ACCOUNTABILITY
OFFICE]
REC-
OMMENDATIONS.—Not later than 1 year after the date of
the enactment of this Act [Nov. 9, 2000], the Secretary
of Agriculture shall implement the recommendations
contained in the report issued by the Gener
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 181
Stored review status: historical_2024_not_currentness_verified. The source passage cites 7 U.S.C. § 181. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Full amount of purchase price required; methods of payment** Each packer, market agency, or dealer purchasing livestock shall, before the close of the next business day following the purchase of livestock and transfer of possession thereof, deliver to the seller or his duly authorized representative the full amount of the purchase price: Provided, That each packer, market agency, or dealer purchasing livestock for slaughter shall, before the close of the next business day following purchase of livestock and transfer of possession thereof, actually deliver at the point of transfer of possession to the seller or his duly authorized representative a check or shall transfer funds for the full amount of the purchase price to the account of the seller by wire, electronic funds transfer, or any other expeditious method determined appropriate by the Secretary for the full amount of the purchase price; or, in the case of a purchase on a carcass or “grade and yield” basis, the purchaser shall make payment by check at the point of transfer of possession or shall transfer funds for the full amount of the purchase price to the account of the seller by wire, electronic funds transfer, or any other expeditious method determined appropriate by the Secretary for the full amount of the purchase price not later than the close of the first business day following determination of the purchase price: Provided further, That if the seller or his duly authorized representative is not present to receive payment at the point of transfer of possession, as herein provided, the packer, market agency or dealer shall transfer funds for the full amount of the purchase price by wire, electronic funds transfer, or any other expeditious method determined appropriate by the Secretary or place a check
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 228b
Stored review status: release_metadata_unconfirmed. The source passage cites 7 U.S.C. § 228b. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 352
TITLE 7—AGRICULTURE
§ 228b
Editorial Notes
CODIFICATION
A prior section 228a, act Sept. 21, 1944, ch. 412, title I,
§ 101(c), 58 Stat. 734, which related to inspections of
livestock, hides, animal products, etc., was transferred
to section 396 of this title.
PRIOR PROVISIONS
A prior section 408 of act Aug. 15, 1921, was renum-
bered section 417 and is classified to section 229c of this
title.
AMENDMENTS
1987—Pub. L. 100–173 inserted ‘‘or live poultry, or has
failed to pay any poultry grower what is due on ac-
count of poultry obtained under a poultry growing ar-
rangement,’’ after ‘‘unmanufactured form,’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1987 AMENDMENT
Amendment by Pub. L. 100–173 effective 90 days after
Nov. 23, 1987, see section 12 of Pub. L. 100–173, set out
as a note under section 182 of this title.
§ 228b. Prompt payment for purchase of livestock
(a) Full amount of purchase price required;
methods of payment
Each packer, market agency, or dealer pur-
chasing livestock shall, before the close of the
next business day following the purchase of live-
stock and transfer of possession thereof, deliver
to the seller or his duly authorized representa-
tive the full amount of the purchase price: Pro-
vided, That each packer, market agency, or deal-
er purchasing livestock for slaughter shall, be-
fore the close of the next business day following
purchase of livestock and transfer of possession
thereof, actually deliver at the point of transfer
of possession to the seller or his duly authorized
representative a check or shall transfer funds
for the full amount of the purchase price to the
account of the seller by wire, electronic funds
transfer, or any other expeditious method deter-
mined appropriate by the S
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 228b
Stored review status: historical_2024_not_currentness_verified. The source passage cites 7 U.S.C. § 228b. This identifies an authority to review, not proof of applicability.