Theft of property or services can result in criminal penalties, including incarceration and steep fines. In Arkansas, theft penalties range from a class A misdemeanor to a class B felony.
There are several ways to commit a theft crime in Arkansas. The law states that a theft occurs when a person knowingly:
Arkansas laws also identify a number of very specific types of theft offenses, including:
Arkansas' theft laws are very detailed. This article discusses the classifications that apply to theft of property and services. Be sure to check the state code for information on other theft categories. (Ark. Code §§ 5-36-101 to -126 (2023).)
In the state of Arkansas, theft offenses generally follow a classification system that is based on the dollar value of the property or services taken, the type of property stolen, or both. Penalties range from a Class A misdemeanor to a Class B felony.
Arkansas classifies a theft offense as a Class A misdemeanor (the lowest-level theft offense, sometimes called petty theft) if:
Punishment for a Class A misdemeanor includes up to a year in jail and a $2,500 fine.
Stolen property or services valued between $1,000 and $5,000 is classified as a Class D felony in Arkansas.
A theft also constitutes a Class D felony in Arkansas when:
Punishment for a Class D felony can result in a sentence of up to six years in prison and a $10,000 fine.
Theft of property or services valued between $5,000 and $25,000 constitutes a Class C felony.
Additionally, theft rises to the level of a Class C felony in Arkansas when:
A Class C felony theft conviction carries a sentence of 3 to 10 years in prison and a fine of up to $10,000.
When theft involves property or services valued at $25,000 or more, the offense is a Class B felony in Arkansas.
Theft is also considered a Class B felony in Arkansas when the offense involves:
A Class B felony theft offense under Arkansas law carries a sentence of 5 to 20 years of prison time and a $15,000 fine.
(Ark. Code §§ 5-4-201, 5-4-401 (2023).)
In general, the Arkansas theft law provides for sentencing increases based on the circumstances of the crime, such as threats of harm or property stolen from utilities (as noted above). Additionally, the law contains the following enhancements.
Arkansas's habitual offender laws don't apply to repeat theft offenses. However, a judge considers a defendant's record at the time of sentencing. Under the state Sentencing Grid, the presumptive (typical) sentence for a crime increases along with the offender's criminal history.
For 30 days after a state of emergency is declared, enhanced and mandatory penalties apply for the theft of:
A person commits a class C felony when the value of that property is $500 or more and a class D felony when stolen property's value is between $100 and $500.
A person who steals merchandise from a store or business establishment faces both criminal and civil penalties. Civil penalties are meant to deter shoplifters and compensate store owners for the costs incurred to prevent and "prosecute" (sue) shoplifters.
For the most part, shoplifting carries the criminal penalties detailed above based on the value of the merchandise.
The law also makes it a crime to knowingly:
An offender is guilty of a class A misdemeanor the first time they engage in such unlawful conduct and a class D felony for subsequent times.
A person who commits shoplifting (or the parent or legal guardian of a minor who commits shoplifting) can be held civilly liable to the store owner. The store owner must first send a written demand (letter) to the accused shoplifter requesting the return of the property or its cash equivalent and a $200 penalty.
If the accused shoplifter does not answer the demand in 30 days, the store owner can bring a civil action against the accused shoplifter or, if the shoplifter is a minor, the parents, for:
(Ark. Code §§ 5-36-401, 5-36-402, 5-46-403, 5-36-40416-122-102 (2020).)
If you face theft charges, speak to a criminal defense lawyer. An attorney can protect your rights, help you navigate the criminal justice system, and explain any consequences of a plea deal or criminal record. Even if the charges are for petty or misdemeanor theft, the consequences of a criminal record can impact your ability to get employment, housing, or loans. It's best to consult an attorney before accepting any type of deal or civil settlement (in the case of shoplifting).