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5-38-203. Criminal mischief in the first degree.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-38-203. Criminal mischief in the first degree.
(a) A person commits the offense of criminal mischief in the first degree if he or she purposely and without legal justification destroys or causes damage to any:
(1) Property of another; or
(2) Property, whether his or her own or property of another, for the purpose of collecting any insurance for the property.
(b) Criminal mischief in the first degree is a:
(1) Class A misdemeanor if the amount of actual damage is one thousand dollars ($1,000) or less;
(2) Class D felony if the amount of actual damage is more than one thousand dollars ($1,000) but five thousand dollars ($5,000) or less;
(3) Class C felony if the amount of actual damage is more than five thousand dollars ($5,000) but less than twenty-five thousand dollars ($25,000); or
(4) Class B felony if the amount of actual damage is twenty-five thousand dollars ($25,000) or more.
(c) In an action under this section involving cutting and removing timber from the property of another person:
(1) The following create a presumption of a purpose to commit the offense of criminal mischief in the first degree:
(A) The failure to obtain the survey as required by § 15-32-101; or
(B) The purposeful misrepresentation of the ownership or origin of the timber; and
(2)(A) There is imposed in addition to a penalty in subsection (b) of this section a fine of not more than two (2) times the value of the timber destroyed or damaged.
(B) However, in addition to subdivision (c)(2)(A) of this section, the court may require the defendant to make restitution to the owner of the timber.
(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
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-38-203
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:5-38-203
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 638ad2e77f058e66a7f782b5cf1552223accf4b813eaadfcedbec72ccd439af7
Source location: content.xml paragraph 17316
Stored source content
5-38-203. Criminal mischief in the first degree.
(a) A person commits the offense of criminal mischief in the first degree if he or she purposely and without legal justification destroys or causes damage to any:
(1) Property of another; or
(2) Property, whether his or her own or property of another, for the purpose of collecting any insurance for the property.
(b) Criminal mischief in the first degree is a:
(1) Class A misdemeanor if the amount of actual damage is one thousand dollars ($1,000) or less;
(2) Class D felony if the amount of actual damage is more than one thousand dollars ($1,000) but five thousand dollars ($5,000) or less;
(3) Class C felony if the amount of actual damage is more than five thousand dollars ($5,000) but less than twenty-five thousand dollars ($25,000); or
(4) Class B felony if the amount of actual damage is twenty-five thousand dollars ($25,000) or more.
(c) In an action under this section involving cutting and removing timber from the property of another person:
(1) The following create a presumption of a purpose to commit the offense of criminal mischief in the first degree:
(A) The failure to obtain the survey as required by § 15-32-101; or
(B) The purposeful misrepresentation of the ownership or origin of the timber; and
(2)(A) There is imposed in addition to a penalty in subsection (b) of this section a fine of not more than two (2) times the value of the timber destroyed or damaged.
(B) However, in addition to subdivision (c)(2)(A) of this section, the court may require the defendant to make restitution to the owner of the timber.
(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 damage to property involved the removal of nonferrous metal, as it is defined in § 17-44-101.
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Arkansas Code — all titles (historical 2020) · legal_authorities
15-32-101. Boundaries to be ascertained before timber is cut.
(a) Any person who desires to cut and remove any timber from any land in this state, unless the land has been surveyed and the boundaries thereof ascertained and known, before cutting and removing the timber, the person shall:
(1) Cause the land to be surveyed and the metes and bounds of the land marked and plainly established;
(2) Rely in good faith on an existing marked line or established corners; or
(3) Acquire a document signed by the landowner selling the timber and signed by the adjoining landowners, indicating that the landowners agree on the location of the boundary.
(b) This section shall apply to any person purchasing timber rights from lands of this state as well as to landowners.
(c) The provisions of this section are not intended to repeal or in any manner interfere with the provisions of Acts 1883, No. 83.
(d) Any person who shall be found guilty of a violation of the provisions of this section shall be deemed to have committed a misdemeanor and shall be fined, for each offense, in any sum not less than twenty-five dollars ($25.00) nor more than three hundred dollars ($300) and may be imprisoned in the county jail not more than six (6) months.
(e) This section shall not apply to the cutting and removing of timber by a public utility or its contractors for the purpose of constructing or maintaining a right-of-way.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 15-32-101
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 15-32-101. This identifies an authority to review, not proof of applicability.
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.