# Ark. Code Ann. § 5-36-106: Theft by receiving > Arkansas · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_AR_T5_C36_S1_S5-36-106 ## Section - **Citation:** Ark. Code Ann. § 5-36-106 - **Heading:** Theft by receiving - **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 5-36-106 ## Text (a) A person commits the offense of theft by receiving if he or she receives, retains, or disposes of stolen property of another person: (1) Knowing that the property was stolen; or (2) Having good reason to believe the property was stolen. (b) As used in this section, "receiving" means acquiring possession, control, or title or lending on the security of the property. (c) The following give rise to a presumption that a person knows or believes that property was stolen: (1) The unexplained possession or control by the person of recently stolen property; or (2) The acquisition by the person of property for a consideration known to be far below the property's reasonable value. (d) It is a defense to a prosecution for the offense of theft by receiving that the property is received, retained, or disposed of with the purpose of restoring the property to the owner or another person entitled to the property. (e) Theft by receiving is a: (1) Class B felony if the value of the property is twenty-five thousand dollars ($25,000) or more; (2) Class C felony if: (A) The value of the property is less than twenty-five thousand dollars ($25,000) but more than five thousand dollars ($5,000); or (B) The property is a firearm valued at two thousand five hundred dollars ($2,500) or more; (3) Class D felony if: (A) The value of the property is five thousand dollars ($5,000) or less but more than one thousand dollars ($1,000); (B) The property is a: (i) Credit card or credit card account number; (ii) Debit card or debit card account number; or (iii) Firearm valued at less than two thousand five hundred dollars ($2,500); or (4) Class A misdemeanor if otherwise committed. (f) 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 stolen property was nonferrous metal, as it is defined in § 17-44-101 . Amended by Act 2013, No. 1354,§ 1, eff. 8/16/2013. Amended by Act 2013, No. 548,§ 1, eff. 8/16/2013. Acts 1975, No. 280, § 2206; 1977, No. 360, § 10; 1983, No. 719, § 3; A.S.A. 1947, § 41-2206; Acts 1997, No. 303, § 1; 1997, No. 516, § 3; 2003, No. 838, § 3; 2011, No. 570, § 25. (a) A person commits the offense of theft by receiving if he or she receives, retains, or disposes of stolen property of another person: (1) Knowing that the property was stolen; or (2) Having good reason to believe the property was stolen. (1) Knowing that the property was stolen; or (2) Having good reason to believe the property was stolen. (b) As used in this section, "receiving" means acquiring possession, control, or title or lending on the security of the property. (c) The following give rise to a presumption that a person knows or believes that property was stolen: (1) The unexplained possession or control by the person of recently stolen property; or (2) The acquisition by the person of property for a consideration known to be far below the property's reasonable value. (1) The unexplained possession or control by the person of recently stolen property; or (2) The acquisition by the person of property for a consideration known to be far below the property's reasonable value. (d) It is a defense to a prosecution for the offense of theft by receiving that the property is received, retained, or disposed of with the purpose of restoring the property to the owner or another person entitled to the property. by the person of recently stolen property; or (2) The acquisition by the person of property for a consideration known to be far below the property's reasonable value. (d) It is a defense to a prosecution for the offense of theft by receiving that the property is received, retained, or disposed of with the purpose of restoring the property to the owner or another person entitled to the property. (e) Theft by receiving is a: (1) Class B felony if the value of the property is twenty-five thousand dollars ($25,000) or more; (2) Class C felony if: (A) The value of the property is less than twenty-five thousand dollars ($25,000) but more than five thousand dollars ($5,000); or (B) The property is a firearm valued at two thousand five hundred dollars ($2,500) or more; (3) Class D felony if: (A) The value of the property is five thousand dollars ($5,000) or less but more than one thousand dollars ($1,000); (B) The property is a: (i) Credit card or credit card account number; (ii) Debit card or debit card account number; or (iii) Firearm valued at less than two thousand five hundred dollars ($2,500); or (4) Class A misdemeanor if otherwise committed. (1) Class B felony if the value of the property is twenty-five thousand dollars ($25,000) or more; (2) Class C felony if: (A) The value of the property is less than twenty-five thousand dollars ($25,000) but more than five thousand dollars ($5,000); or (B) The property is a firearm valued at two thousand five hundred dollars ($2,500) or more; (A) The value of the property is less than twenty-five thousand dollars ($25,000) but more than five thousand dollars ($5,000); or (B) The property is a firearm valued at two thousand five hundred dollars ($2,500) or more; (3) Class D felony if: (A) The value of the property is five thousand dollars ($5,000) or less but more than one thousand dollars ($1,000); (B) The property is a: (i) Credit card or credit card account number; (ii) Debit card or debit card account number; or (iii) Firearm valued at less than two thousand five hundred dollars ($2,500); or (A) The value of the property is five thousand dollars ($5,000) or less but more than one thousand dollars ($1,000); (B) The property is a: (i) Credit card or credit card account number; (ii) Debit card or debit card account number; or (iii) Firearm valued at less than two thousand five hundred dollars ($2,500); or (i) Credit card or credit card account number; (ii) Debit card or debit card account number; or (iii) Firearm valued at less than two thousand five hundred dollars ($2,500); or (4) Class A misdemeanor if otherwise committed. (f) 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 stolen property was nonferrous metal, as it is defined in § 17-44-101 . Amended by Act 2013, No. 1354,§ 1, eff. 8/16/2013. Amended by Act 2013, No. 548,§ 1, eff. 8/16/2013. Acts 1975, No. 280, § 2206; 1977, No. 360, § 10; 1983, No. 719, § 3; A.S.A. 1947, § 41-2206; Acts 1997, No. 303, § 1; 1997, No. 516, § 3; 2003, No. 838, § 3; 2011, No. 570, § 25. ## 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_S5-36-106. Check the current official text before relying on it. Not legal advice.