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Ark. Code Ann. § 5-36-105

Theft of property lost, mislaid, or delivered by mistake

Applied in 2 court decisions — leading case Weems v. State (2012)

Most recently applied in Weems v. State (February 2012)

Acts 1975, No. 280, § 2205; A.S.A. 1947, § 41-2205; Acts 1997, No. 516, § 2; 1997, No. 518, § 2; 2003, No. 838, § 2.

(1) A person commits theft of property lost, mislaid, or delivered by mistake if the person: Comes into control of property of another person;

(2) Retains or disposes of the property when the person knows the property to have been lost, mislaid, or delivered under a mistake as to the identity of the recipient or as to the nature or amount of the property; and

(3) With the purpose of depriving any person having an interest in the property, the person fails to take a reasonable measure to restore the property to a person entitled to it.

(4) Theft of property lost, mislaid, or delivered by mistake is a: Class D felony if the value of the property is one thousand dollars ($1,000) or more;

(5) Class B misdemeanor if: The value of the property is less than one thousand dollars ($1,000) but more than five hundred dollars ($500); or

(6) The property is a: Credit card or credit card account number; or

(7) Debit card or debit card account number; or

(8) Class C misdemeanor if otherwise committed.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.