# Ark. Code Ann. § 5-36-102: Consolidation of offenses - Theft by deception presumption at auction of livestock - Amount of theft > Arkansas · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_AR_T5_C36_S1_S5-36-102 ## Section - **Citation:** Ark. Code Ann. § 5-36-102 - **Heading:** Consolidation of offenses - Theft by deception presumption at auction of livestock - Amount of theft - **Jurisdiction:** Arkansas - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** AR Code / Title 5 / Chapter 36 / Subchapter 1 / Section 5-36-102 ## Text (a) Conduct denominated theft in this chapter constitutes a single offense embracing the separate offenses known before January 1, 1976, as: (1) Larceny; (2) Embezzlement; (3) False pretense; (4) Extortion; (5) Blackmail; (6) Fraudulent conversion; (7) Receiving stolen property; and (8) Other similar offenses. (b) Notwithstanding the specification of a different manner in the indictment or information, a criminal charge of theft may be supported by evidence that it was committed in any manner that would be theft under this chapter subject only to the power of the court to ensure a fair trial by granting a continuance or other appropriate relief if the conduct of the defense would be prejudiced by lack of fair notice or by surprise. (c) A person who is subject to 7 U.S.C. § 181 et seq. that obtains livestock from a commission merchant by representing that the person will make prompt payment is presumed to have obtained the livestock by deception if the person fails to make payment in accordance with 7 U.S.C. § 228b . (d) (1) The amount involved in a theft is deemed to be the highest value, by any reasonable standard, of the property or service that the actor obtained or attempted to obtain. (2) An amount involved in a theft committed pursuant to one (1) scheme or course of conduct, whether from one (1) or more persons, may be aggregated in determining the grade of the offense. Amended by Act 2015, No. 1263,§ 2, eff. 7/22/2015. Acts 1975, No. 280, § 2202; A.S.A. 1947, § 41-2202; Acts 2009, No. 1401, § 1. (a) Conduct denominated theft in this chapter constitutes a single offense embracing the separate offenses known before January 1, 1976, as: (1) Larceny; (2) Embezzlement; (3) False pretense; (4) Extortion; (5) Blackmail; (6) Fraudulent conversion; (7) Receiving stolen property; and (8) Other similar offenses. (1) Larceny; (2) Embezzlement; (3) False pretense; (4) Extortion; (5) Blackmail; (6) Fraudulent conversion; (7) Receiving stolen property; and (8) Other similar offenses. (b) Notwithstanding the specification of a different manner in the indictment or information, a criminal charge of theft may be supported by evidence that it was committed in any manner that would be theft under this chapter subject only to the power of the court to ensure a fair trial by granting a continuance or other appropriate relief if the conduct of the defense would be prejudiced by lack of fair notice or by surprise. (c) A person who is subject to 7 U.S.C. § 181 et seq. that obtains livestock from a commission merchant by representing that the person will make prompt payment is presumed to have obtained the livestock by deception if the person fails to make payment in accordance with 7 U.S.C. § 228b . (d) (1) The amount involved in a theft is deemed to be the highest value, by any reasonable standard, of the property or service that the actor obtained or attempted to obtain. (2) An amount involved in a theft committed pursuant to one (1) scheme or course of conduct, whether from one (1) or more persons, may be aggregated in determining the grade of the offense. (1) The amount involved in a theft is deemed to be the highest value, by any reasonable standard, of the property or service that the actor obtained or attempted to obtain. (2) An amount involved in a theft committed pursuant to one (1) scheme or course of conduct, whether from one (1) or more persons, may be aggregated in determining the grade of the offense. Amended by Act 2015, No. 1263,§ 2, eff. 7/22/2015. Acts 1975, No. 280, § 2202; A.S.A. 1947, § 41-2202; Acts 2009, No. 1401, § 1. ## Nearby sections - [Ark. Code Ann. § 5-36-101 Definitions](https://www.frixlaw.com/law-library/statutes/STATE_AR_T5_C36_S1_S5-36-101.md) - [Ark. Code Ann. § 5-36-102 Consolidation of offenses - Theft by deception presumption at auction of livestock - Amount of theft](https://www.frixlaw.com/law-library/statutes/STATE_AR_T5_C36_S1_S5-36-102.md) - [Ark. Code Ann. § 5-36-103 Theft of property](https://www.frixlaw.com/law-library/statutes/STATE_AR_T5_C36_S1_S5-36-103.md) - [Ark. Code Ann. § 5-36-104 Theft of services](https://www.frixlaw.com/law-library/statutes/STATE_AR_T5_C36_S1_S5-36-104.md) - [Ark. Code Ann. § 5-36-105 Theft of property lost, mislaid, or delivered by mistake](https://www.frixlaw.com/law-library/statutes/STATE_AR_T5_C36_S1_S5-36-105.md) - [Ark. Code Ann. § 5-36-106 Theft by receiving](https://www.frixlaw.com/law-library/statutes/STATE_AR_T5_C36_S1_S5-36-106.md) - [Ark. Code Ann. § 5-36-107 Theft of a trade secret](https://www.frixlaw.com/law-library/statutes/STATE_AR_T5_C36_S1_S5-36-107.md) - [Ark. Code Ann. § 5-36-108 Unauthorized use of a vehicle](https://www.frixlaw.com/law-library/statutes/STATE_AR_T5_C36_S1_S5-36-108.md) - [Ark. Code Ann. § 5-36-109 Operating a chop shop - Dealing in stolen or forged motor vehicle parts](https://www.frixlaw.com/law-library/statutes/STATE_AR_T5_C36_S1_S5-36-109.md) - [Ark. Code Ann. § 5-36-115 Theft of leased, rented, or entrusted personal property - False report of wealth or credit](https://www.frixlaw.com/law-library/statutes/STATE_AR_T5_C36_S1_S5-36-115.md) - [Ark. Code Ann. § 5-36-116 Shoplifting presumption - Detention and arrest of person under shoplifting presumption](https://www.frixlaw.com/law-library/statutes/STATE_AR_T5_C36_S1_S5-36-116.md) - [Ark. Code Ann. § 5-36-120 Theft of motor fuel](https://www.frixlaw.com/law-library/statutes/STATE_AR_T5_C36_S1_S5-36-120.md) - [Ark. Code Ann. § 5-36-121 Theft of recyclable materials](https://www.frixlaw.com/law-library/statutes/STATE_AR_T5_C36_S1_S5-36-121.md) - [Ark. Code Ann. § 5-36-122 Motion picture piracy](https://www.frixlaw.com/law-library/statutes/STATE_AR_T5_C36_S1_S5-36-122.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_AR_T5_C36_S1_S5-36-102. Check the current official text before relying on it. Not legal advice.