Browse Arkansas Code titles and sections
5-36-106. Theft by receiving.
Arkansas Code — all titles (historical 2020) · legal_authorities
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 th
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-36-106
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.
Issuing source page ↗
Authority boundary: historical statutory source snapshot not current law.
Open the recorded source website ↗
Record provenance
Stable record: arkansas_code:legal_authorities:5-36-106
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: d9e2f3f77cca020a328584455fba639b0d056bc974cb22fd295bbd1e3975b659
Source location: content.xml paragraph 15244
Stored source content
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.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Arkansas Code — all titles (historical 2020) · legal_authorities
17-44-101. Definitions.
As used in this chapter:
(1) “Beverage container” means a can, bottle, jar, or other container made of aluminum or metal that is sealed by a manufacturer;
(2) “Minor” means a person under eighteen (18) years of age;
(3)(A) “Nonferrous metal” means a metal that does not contain significant quantities of iron or steel.
(B) “Nonferrous metal” includes without limitation the following metals and their alloys:
(i) Copper;
(ii) Brass;
(iii) Aluminum;
(iv) Bronze;
(v) Lead;
(vi) Zinc; and
(vii) Nickel;
(4) “Person” means an individual, a partnership, a corporation, a joint venture, a trust, an association, or any other legal entity;
(5) “Record” means paper, electronic, or other method of storing information;
(6) “Scrap metal” means bits and pieces of metal parts that may be combined together with bolts or soldering and can be recycled when worn or superfluous;
(7) “Scrap metal processor” means a person that, from a fixed location, engages in the business of using machinery or equipment for the processing or manufacturing of iron, steel, or nonferrous metal scrap;
(8)(A) “Scrap metal recycler” means any person that purchases scrap metal.
(B) “Scrap metal recycler” does not include a person that only buys in quantities of five thousand pounds (5,000 lbs.) or more; and
(9)(A) “Seller” means any person that receives in a transaction monetary consideration from a scrap metal recycler in exchange for nonferrous metal, iron, or steel, including without limitation copper, brass, aluminum, bronze, lead, zinc, nickel, and their alloys.
(B) “Seller” does not include a person that sells scrap metal generated in a manufacturing or production process and sold to a scrap metal recycler under a contract or an agreement.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-44-101
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. The source passage cites 17-44-101. This identifies an authority to review, not proof of applicability.