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5-38-204. Criminal mischief in the second degree.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-38-204. Criminal mischief in the second degree.
(a) A person commits criminal mischief in the second degree if the person:
(1) Recklessly destroys or damages any property of another person; or
(2) Purposely tampers with any property of another person and by the tampering causes substantial inconvenience to the owner or another person.
(b) Criminal mischief in the second degree is a:
(1) Class A misdemeanor if the amount of actual damage is one thousand dollars ($1,000) or more but less than five thousand dollars ($5,000);
(2) Class D felony if the amount of actual damage is five thousand dollars ($5,000) or more; or
(3) Class B misdemeanor if otherwise committed.
(c) 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.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-38-204
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:5-38-204
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: b5a4d4f11ce596b8bd0eebc66adf5d32fe0a7e275ab8393a956a0ff3d6cf2bb7
Source location: content.xml paragraph 17382
Stored source content
5-38-204. Criminal mischief in the second degree.
(a) A person commits criminal mischief in the second degree if the person:
(1) Recklessly destroys or damages any property of another person; or
(2) Purposely tampers with any property of another person and by the tampering causes substantial inconvenience to the owner or another person.
(b) Criminal mischief in the second degree is a:
(1) Class A misdemeanor if the amount of actual damage is one thousand dollars ($1,000) or more but less than five thousand dollars ($5,000);
(2) Class D felony if the amount of actual damage is five thousand dollars ($5,000) or more; or
(3) Class B misdemeanor if otherwise committed.
(c) 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
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.