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5-36-124. Theft by receiving of scrap metal.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-36-124. Theft by receiving of scrap metal.
(a) As used in this section:
(1) “Receiving” means acquiring possession, control, or title or lending on the security of the scrap metal; and
(2) “Scrap metal” means copper, copper alloy, copper utility wire, any bronze, or any aluminum as described in § 17-44-101 et seq.
(b) A person commits the offense of theft by receiving of scrap metal if he or she receives, retains, purchases, or disposes of scrap metal of another person and he or she knows or should have known that the scrap metal was stolen.
(c) Theft by receiving of scrap metal is a:
(1) Class A misdemeanor; or
(2) Class D felony if it is a second or subsequent offense of theft by receiving of scrap metal or the value of the scrap metal is more than one thousand dollars ($1,000).
(d) 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 scrap metal was nonferrous metal, as it is defined in § 17-44-101.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-36-124
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:5-36-124
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: c505a0d40f469b000a9b57b27944746630266ec6fba01c57de51eaf4f7846d17
Source location: content.xml paragraph 15644
Stored source content
5-36-124. Theft by receiving of scrap metal.
(a) As used in this section:
(1) “Receiving” means acquiring possession, control, or title or lending on the security of the scrap metal; and
(2) “Scrap metal” means copper, copper alloy, copper utility wire, any bronze, or any aluminum as described in § 17-44-101 et seq.
(b) A person commits the offense of theft by receiving of scrap metal if he or she receives, retains, purchases, or disposes of scrap metal of another person and he or she knows or should have known that the scrap metal was stolen.
(c) Theft by receiving of scrap metal is a:
(1) Class A misdemeanor; or
(2) Class D felony if it is a second or subsequent offense of theft by receiving of scrap metal or the value of the scrap metal is more than one thousand dollars ($1,000).
(d) 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 scrap metal was nonferrous metal, as it is defined in § 17-44-101.
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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.