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5-36-116. Shoplifting presumption — Detention and arrest of person under shoplifting presumption.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-36-116. Shoplifting presumption — Detention and arrest of person under shoplifting presumption.
(a)(1) The knowing concealment by a person on his or her own person or on the person of another of an unpurchased tangible personal property offered for sale by a store or business establishment gives rise to a presumption that the person took the tangible personal property with the purpose of depriving the owner of the store or business establishment or another person having an interest in the tangible personal property.
(2)(A) A person engaging in conduct giving rise to the presumption under subdivision (a)(1) of this section may be detained in a reasonable manner and for a reasonable length of time by a law enforcement officer, owner of the store or business establishment, or employee or agent of the store or business establishment in order to ensure the recovery of the tangible personal property.
(B) The detention by a law enforcement officer, owner of the store or business establishment, or employee or agent of the store or business establishment does not render the law enforcement officer, owner of the store or business establishment, or employee or agent of the store or business establishment criminally or civilly liable for false arrest, false imprisonment, or unlawful detention.
(b)(1) If sufficient notice has been posted to advise patrons that an antishoplifting or inventory control device is being utilized, the activation of an antishoplifting or inventory control device as a result of a person's exiting a store or business establishment or a protected area within the store or business establishment constitutes reasonable cause for the detention of the person so exiting by a law enforcement officer, the owner of the store or business establishment, or by
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-36-116
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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Record provenance
Stable record: arkansas_code:legal_authorities:5-36-116
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: b4b63923272d795a80f3a6982516fd67252ea3f11a0760054db4d1de4df4ce35
Source location: content.xml paragraph 15483
Stored source content
5-36-116. Shoplifting presumption — Detention and arrest of person under shoplifting presumption.
(a)(1) The knowing concealment by a person on his or her own person or on the person of another of an unpurchased tangible personal property offered for sale by a store or business establishment gives rise to a presumption that the person took the tangible personal property with the purpose of depriving the owner of the store or business establishment or another person having an interest in the tangible personal property.
(2)(A) A person engaging in conduct giving rise to the presumption under subdivision (a)(1) of this section may be detained in a reasonable manner and for a reasonable length of time by a law enforcement officer, owner of the store or business establishment, or employee or agent of the store or business establishment in order to ensure the recovery of the tangible personal property.
(B) The detention by a law enforcement officer, owner of the store or business establishment, or employee or agent of the store or business establishment does not render the law enforcement officer, owner of the store or business establishment, or employee or agent of the store or business establishment criminally or civilly liable for false arrest, false imprisonment, or unlawful detention.
(b)(1) If sufficient notice has been posted to advise patrons that an antishoplifting or inventory control device is being utilized, the activation of an antishoplifting or inventory control device as a result of a person's exiting a store or business establishment or a protected area within the store or business establishment constitutes reasonable cause for the detention of the person so exiting by a law enforcement officer, the owner of the store or business establishment, or by an agent or employee of the owner.
(2) Any detention under subdivision (b)(1) of this section shall be made only in a reasonable manner and only for a reasonable period of time sufficient for any inquiry into the circumstances surrounding the activation of the antishoplifting or inventory control device or for the recovery of the tangible personal property offered for sale.
(3) A detention under subdivision (b)(1) of this section by a law enforcement officer, owner of the store or business establishment, or employee or agent of the store or business establishment does not render the law enforcement officer, owner of the store or business establishment, or employee or agent of the store or business establishment criminally or civilly liable for false arrest, false imprisonment, or unlawful detention.
(c) A law enforcement officer, owner of the store or business establishment, or employee or agent of the store or business establishment who observed the person engaging in conduct giving rise to the presumption under subdivision (a)(1) of this section shall provide a written statement that serves as probable cause to justify an arrest if a law enforcement officer arrests the person for theft of property, § 5-36-103.
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Arkansas Code — all titles (historical 2020) · legal_authorities
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 twenty-five thousand dollars ($25,000) 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; or
(D) The property is:
(i) Anhydrous ammonia in any form;
(ii) A product containing any percentage of anhydrous ammonia in any form;
(iii) Utility property and the value of the property is five hundred dollars ($500) or more; or
(iv) Oil and gas equipment, the value of the property is less than twenty-five thousand dollars ($25,000) but more than five thousand dollars ($5,000), and the person:
(a) Caused more than two hundred fifty dollars ($250) in incidental damage to the owner of the oil and gas equipment during the commission of the offense; or
(b) Transported the oil and gas equipment across state lines to sell or dispose of the oil and gas equipment;
(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);
(B) The property is obtained by threat;
(C) The property is a firearm valued at two thousand five hundred dollars ($2,500) or m
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-36-103
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 5-36-103. This identifies an authority to review, not proof of applicability.