Arkansas Theft Laws: Felony Threshold, Penalties and Shoplifting (2026)

In Arkansas, theft of property becomes a felony when the property is worth more than $1,000. Theft of property worth "five thousand dollars ($5,000) or less but more than one thousand dollars ($1,000)" is a Class D felony, and theft of property worth "one thousand dollars ($1,000) or less" is a Class A misdemeanor (Ark. Code 5-36-103(b)(3)(A), (b)(4)(A)). Since January 1, 2024, a theft of $1,000 or less is also a Class D felony when the person has a theft conviction of any classification within the previous ten years. For other states, see our guide to theft laws by state.

Information last verified on 2026-10-13. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Arkansas's theft statutes in Ark. Code Title 5, Chapter 36 (Theft), as amended by Acts 340 of 2021, 659 of 2023, and 321, 322, 759 and 833 of 2025; the sentencing sections 5-4-201 and 5-4-401; and the civil remedy for retail theft in Title 16, Chapter 122. It does not cover federal theft offenses, city or county ordinances, robbery, burglary, or identity theft and fraud schemes, which have their own pages linked below.

How Arkansas defines theft

Arkansas treats many older crimes as a single offense. Under Ark. Code 5-36-102(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."

The core offense is theft of property. Under 5-36-103(a), "A person commits theft of property if he or she knowingly: (1) Takes or exercises unauthorized control over or makes an unauthorized transfer of an interest in the property of another person with the purpose of depriving the owner of the property; or (2) Obtains the property of another person by deception or by threat with the purpose of depriving the owner of the property."

To "deprive" includes withholding property "either permanently or under circumstances such that a major portion of its economic value, use, or benefit is appropriated to the actor or lost to the owner," and disposing of property "under circumstances that make its restoration unlikely" (5-36-101).

Arkansas law does not use the terms "petty theft" or "grand theft." The grade turns on the value of the property and on the circumstances listed in 5-36-103(b).

How value is measured, and when amounts are combined

"Value" means "The market value of a property or service at the time and place of the offense, or if the market value of the property cannot be ascertained, the cost of replacing the property within a reasonable time after the offense" (5-36-101). If the actor "gave consideration for or had a legal interest in the property," that amount is deducted.

Under 5-36-102(d), "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," and "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."

What is the felony theft threshold in Arkansas?

The felony line is property worth "more than one thousand dollars ($1,000)" (5-36-103(b)(3)(A)). Property worth exactly $1,000 is on the misdemeanor side, because the Class A misdemeanor tier covers a value of "one thousand dollars ($1,000) or less" (5-36-103(b)(4)(A)). At the top of the Class D tier, "five thousand dollars ($5,000) or less" means exactly $5,000 is still a Class D felony.

The prior-conviction rule changes that line for repeat cases. Act 659 of 2023, effective January 1, 2024, added a Class D felony for theft where "The value of the property is one thousand dollars ($1,000) or less and the person has been previously convicted of a theft offense of any classification within ten (10) years of the current offense." Act 833 of 2025 kept that rule and relettered it as 5-36-103(b)(3)(I).

Arkansas theft grading table

Prison ranges come from Ark. Code 5-4-401 ("For a Class B felony, the sentence shall be not less than five (5) years nor more than twenty (20) years; ... For a Class C felony ... not less than three (3) years nor more than ten (10) years; ... For a Class D felony, the sentence shall not exceed six (6) years") and fines from 5-4-201. These are ordinary statutory ranges, not a prediction of any sentence. They can rise: Arkansas's habitual offender statute, 5-4-501, provides extended terms for some people with prior felony convictions, theft-specific enhancements apply as described below, and 5-4-201(d) allows a fine "not exceeding two (2) times the amount of the pecuniary gain" notwithstanding the usual fine limits. A lawyer licensed in Arkansas can explain how they apply in a given case.

Enhancements inside the theft statute

• Cargo theft. Act 322 of 2025 added 5-36-103(d). A felony theft under (b)(1), (b)(2) or (b)(3) "in which the property stolen is cargo may be subject to an enhanced sentence of an additional term of imprisonment not to exceed ten (10) years." The prosecutor must give written notice, the added term runs consecutively, and the person "is ineligible to receive earned release credits for the enhanced portion of the sentence." Cargo means goods in a commercial shipment of freight "moving in commerce" and "does not include direct-to-consumer goods" (5-36-101).
• Generators and power or phone equipment in an emergency. During a declared state or local emergency and for 30 days afterward, theft of a generator intended for a public facility, nursing home, hospital, airport, utility, public safety agency or other vital service, or of "Any other equipment used in the transmission of electric power or telephone service," carries a mandatory fine of $5,000 to $50,000, and "The offense is a Class D felony if it would have been a Class A misdemeanor" (5-36-103(c)).

Package theft

Act 340 of 2021 first made theft of a postal package a Class D felony and defined the terms. A "postal package" is "a letter, package, parcel, bag, or container used to ship goods or a sealed article" that has been left for a person by a carrier or delivery service, or left by a consumer at home to be picked up. "Curtilage" is "the land adjoining a residential occupiable structure that is habitually used for residential purposes but is not necessarily enclosed" (5-36-101). Act 833 of 2025 moved the offense up: theft where "The property is a postal package removed from the curtilage of a residential occupiable structure or from a delivery vehicle at any point throughout the delivery route" is now a Class C felony (5-36-103(b)(2)(G)).

Is shoplifting a felony in Arkansas?

Arkansas has no separate shoplifting offense. Taking merchandise from a store is charged as theft of property under 5-36-103 and graded by the table above: a Class A misdemeanor at $1,000 or less, a Class D felony from more than $1,000 to $5,000, and higher above that. A shoplifting case worth $1,000 or less is a Class D felony when the person has a theft conviction within the previous ten years.

When store theft is commercial burglary

Commercial burglary can reach some store thefts regardless of value. Under Ark. Code 5-39-201(b), "A person commits commercial burglary if he or she enters or remains unlawfully in a commercial occupiable structure of another person with the purpose of committing in the commercial occupiable structure any offense punishable by imprisonment," and "Commercial burglary is a Class C felony." A store is a commercial occupiable structure, one "in which ... Any person carries on a business" (5-39-101). A person who enters premises "that are at the time open to the public does so with license and privilege, regardless of his or her purpose, unless he or she defies a lawful order not to enter or remain on the premises personally communicated to the person by the owner," and that license does not extend to "a part of the premises not open to the public" (5-39-101). So entering after a personally communicated order to stay out, or going into a non-public area, with the purpose of committing theft can be charged as commercial burglary. Because the license covers only premises "that are at the time open to the public," it does not cover remaining in a store after it has closed.

If the store is a pharmacy, a person who commits commercial burglary "is subject to an enhanced sentence of an additional term of imprisonment of five (5) years," which the prosecutor must give written notice to seek (5-39-201(b)(3), added by Act 837 of 2023). Separately, breaking or entering into a "cash register" or a "vending machine, or product dispenser" for the purpose of committing a theft is breaking or entering, and "Breaking or entering is a Class D felony" (5-39-202).

The shoplifting presumption

Under Ark. Code 5-36-116(a)(1), "The knowing concealment by a person on his or her own person or on the person of another of an unpurchased tangible personal property offered for sale by a store or business establishment gives rise to a presumption that the person took the tangible personal property with the purpose of depriving the owner."

Store detention

A person whose conduct gives rise to that presumption "may be detained in a reasonable manner and for a reasonable length of time by a law enforcement officer, owner of the store or business establishment, or employee or agent of the store or business establishment in order to ensure the recovery of the tangible personal property" (5-36-116(a)(2)(A)). The detention does not make the officer, owner, employee or agent "criminally or civilly liable for false arrest, false imprisonment, or unlawful detention."

If the store has posted "sufficient notice" that it uses an antishoplifting or inventory control device, the device's activation as a person exits "constitutes reasonable cause for the detention of the person so exiting" (5-36-116(b)(1)). That detention may last only "for a reasonable period of time sufficient for any inquiry into the circumstances surrounding the activation" or for recovery of the goods (5-36-116(b)(2)).

Anti-theft devices and fuel drive-offs

• Theft detection devices. Using or possessing a theft detection shielding device, possessing a device remover, or removing a theft detection device are each a Class A misdemeanor, and "A subsequent violation of this section is a Class D felony" (5-36-401 to 5-36-404).
• Motor fuel. Driving off after pumping fuel without paying, with intent to deprive the owner, is theft of motor fuel, "a Class A misdemeanor" (5-36-120(b)). The court must also suspend the driver's license "for a period of not more than six (6) months," or "for not less than one (1) year" if the license was previously suspended for theft of motor fuel (5-36-120(c)(1)).

Organized retail theft

Act 321 of 2025 created organized retail theft, Ark. Code 5-36-127. A person commits it when, "acting in concert with one (1) or more other persons," the person knowingly commits theft of consumer goods, organizes, supervises, finances or directs such a theft, defeats an antishoplifting device, stays in a store after hours, uses a phone or other electronic device, or uses a rental or stolen vehicle to facilitate the theft, and "The value of the property or aggregate value of property stolen within one hundred twenty (120) days is more than one thousand dollars ($1,000)."

For this section, value "means the actual retail price of the property at the time and place of the offense," and an unaltered price tag, photographs of it, bills of lading or shipping manifests are "prima facie evidence of value and ownership." Thefts in more than one judicial district "may be aggregated and charged in the circuit court of any judicial district in which one (1) or more instances occured" (5-36-127(d)).

Can a store demand money after shoplifting in Arkansas?

Arkansas's specific civil remedy for retail theft is Title 16, Chapter 122. Under 16-122-101(a), an adult or emancipated minor who takes merchandise from a store "without the consent of the owner or seller, and with the intention of converting such goods, wares, or merchandise to his or her own use without having paid the purchase price thereof, shall be subject to civil damages and penalties as set forth in § 16-122-102." An employee who takes cash or goods is subject to the same damages and penalties plus "the actual amount of any cash not returned or recovered" (16-122-101(b)).

The statute sets out a demand-first process:

1. Certified-mail demand. "The owner or seller shall issue a written demand letter by certified mail for the return of the merchandise or, only if the merchandise has not been returned or recovered, its retail cash equivalent, and a penalty in the amount of two hundred dollars ($200) for an adult" (16-122-102(a)).
2. 30 days to comply. A person who "complies with the terms of the demand letter within thirty (30) days of the receipt of the letter ... shall not be subject to further civil liability with respect to that specific act of retail theft" (16-122-102(b)).
3. Lawsuit if the demand is not met. The owner or seller may then sue and recover civil damages equal to the retail value of unrecovered merchandise (or, if recovered, the difference between its market value and its retail value), "A civil penalty of up to one thousand dollars ($1,000) for an adult," court costs, and "A reasonable attorney's fee" (16-122-102(c)).

"A conviction for violation of § 5-36-103 shall not be a condition precedent to maintenance of a civil action authorized by this chapter" (16-122-103). The chapter does not "prohibit or limit any other course of action a retailer or merchant may have," and Ark. Code 16-118-107 separately lets a person damaged by conduct that would be a felony sue for damages, with "costs and attorney's fees" to a prevailing plaintiff. The demand-and-penalty section "does not apply to juveniles subject to the" Arkansas Juvenile Code (16-122-102(d), as amended by Act 518 of 2025).

A parent or legal guardian with custody of an unemancipated minor older than 6 and under 18 who takes merchandise is subject to the same civil damages and penalties, but not for a child "who has not been in his or her physical custody for the thirty (30) days preceding the offense" (16-122-101(c)).

The statute sets what a store can demand and recover. Whether a particular demand letter matches it is a question for a lawyer licensed in Arkansas.

Recent changes to Arkansas theft law

• 2025. Act 321 created organized retail theft (5-36-127). Act 322 added the cargo-theft sentence enhancement (5-36-103(d)) with an emergency clause; it was approved March 18, 2025. Act 833, approved April 17, 2025, moved postal package theft from Class D to Class C and relettered the prior-conviction rule. Act 759, approved April 17, 2025, created the offenses of mail theft and theft or unauthorized reproduction of a mail receptacle key or lock.
• 2024. The prior-theft-conviction felony rule from Act 659 of 2023 took effect January 1, 2024.
• 2023. Act 264 created theft of a catalytic converter and unauthorized possession of a catalytic converter (5-36-126), and Act 508 created operating a chop shop and dealing in stolen or forged motor vehicle parts.
• 2021. Act 340, an emergency act approved March 15, 2021, made theft of a postal package from a residence's curtilage or a delivery vehicle a Class D felony.

Other theft offenses with their own grades

Ark. Code Title 5, Chapter 36 contains these related offenses, each graded on its own terms:

Related legal issues

Theft by deception is part of Arkansas's consolidated theft offense, but broader fraud schemes and how to report them are covered in our guide to Arkansas scam and fraud laws. Using someone else's identifying information is a separate crime, covered in Arkansas identity theft laws. For clearing a theft record, see Arkansas expungement laws, and for filing deadlines see the Arkansas statute of limitations guide. Federal theft offenses are covered on our theft laws hub.

Related

• Theft laws by state
• Arkansas scam and fraud laws
• Arkansas identity theft laws
• Arkansas expungement laws
• Arkansas statute of limitations

This article provides general legal information about Arkansas theft and shoplifting statutes as of October 13, 2026. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Arkansas.

Last updated: 2026-10-13.

Frequently Asked Questions

What is the felony theft threshold in Arkansas?

Theft of property is a Class D felony when the value is more than $1,000 and up to $5,000, a Class C felony above $5,000 and under $25,000, and a Class B felony at $25,000 or more (Ark. Code 5-36-103(b)).

Is stealing $1,000 a felony in Arkansas?

Not by value alone. Property worth $1,000 or less is a Class A misdemeanor (5-36-103(b)(4)(A)). It becomes a Class D felony if the person was convicted of a theft offense of any classification within the previous ten years, or if another listed circumstance applies, such as a firearm or a credit card.

What is the penalty for misdemeanor theft in Arkansas?

Theft of property worth $1,000 or less is a Class A misdemeanor, punishable by up to 1 year in jail (5-4-401(b)(1)) and a fine of up to $2,500 (5-4-201).

Is shoplifting a felony in Arkansas?

Shoplifting is charged as theft of property under Ark. Code 5-36-103. It is a Class A misdemeanor at $1,000 or less and a felony above $1,000, and a theft of $1,000 or less is a Class D felony when the person has a theft conviction within the previous ten years. Entering a non-public area, or a store after a personally communicated order to stay out, to commit theft can also be commercial burglary, a Class C felony at any value (5-39-201(b)).

Is stealing a package off a porch a felony in Arkansas?

Yes. Theft of a postal package removed from the curtilage of a residence or from a delivery vehicle is a Class C felony, punishable by 3 to 10 years, under 5-36-103(b)(2)(G) as amended by Act 833 of 2025.

Can a store make me pay money after shoplifting in Arkansas?

Ark. Code 16-122-102 requires a certified-mail demand for the merchandise or its retail value plus a $200 penalty for an adult. If the demand is met within 30 days there is no further civil liability for that act; if not, the store may sue for damages, a civil penalty of up to $1,000, costs and attorney's fees. A lawyer licensed in Arkansas can advise on a specific letter.

How long can a store detain a suspected shoplifter in Arkansas?

Under 5-36-116, a person whose conduct gives rise to the shoplifting presumption may be detained in a reasonable manner and for a reasonable length of time to ensure the recovery of the property. The statute sets no fixed time limit.