# Ark. Code Ann. § 5-36-105: Theft of property lost, mislaid, or delivered by mistake

> Arkansas · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_AR_T5_C36_S1_S5-36-105

## Section

- **Citation:** Ark. Code Ann. § 5-36-105
- **Heading:** Theft of property lost, mislaid, or delivered by mistake
- **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 5-36-105

## Text

(a) A person commits theft of property lost, mislaid, or delivered by mistake if the person: (1) 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. (b) Theft of property lost, mislaid, or delivered by mistake is a: (1) Class D felony if the value of the property is one thousand dollars ($1,000) or more; (2) Class B misdemeanor if: (A) The value of the property is less than one thousand dollars ($1,000) but more than five hundred dollars ($500); or (B) The property is a: (i) Credit card or credit card account number; or (ii) Debit card or debit card account number; or (3) Class C misdemeanor if otherwise committed. Acts 1975, No. 280, § 2205; A.S.A. 1947, § 41-2205; Acts 1997, No. 516, § 2; 1997, No. 518, § 2; 2003, No. 838, § 2.

(a) A person commits theft of property lost, mislaid, or delivered by mistake if the person: (1) 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.

(1) 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.

(b) Theft of property lost, mislaid, or delivered by mistake is a: (1) Class D felony if the value of the property is one thousand dollars ($1,000) or more; (2) Class B misdemeanor if: (A) The value of the property is less than one thousand dollars ($1,000) but more than five hundred dollars ($500); or (B) The property is a: (i) Credit card or credit card account number; or (ii) Debit card or debit card account number; or (3) Class C misdemeanor if otherwise committed.

(1) Class D felony if the value of the property is one thousand dollars ($1,000) or more;

(2) Class B misdemeanor if: (A) The value of the property is less than one thousand dollars ($1,000) but more than five hundred dollars ($500); or (B) The property is a: (i) Credit card or credit card account number; or (ii) Debit card or debit card account number; or

(A) The value of the property is less than one thousand dollars ($1,000) but more than five hundred dollars ($500); or

(B) The property is a: (i) Credit card or credit card account number; or (ii) Debit card or debit card account number; or

(i) Credit card or credit card account number; or

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

(3) Class C misdemeanor if otherwise committed.

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

## 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)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_AR_T5_C36_S1_S5-36-105. Check the current official text before relying on it. Not legal advice.