(a)
(1) No person shall divert to personal use any recyclable material valued at fifty dollars ($50.00) or more and placed in a container as a part of a recycling program without the consent of the generator or the collector of the recyclable material or the person owning or operating the container as a part of the recycling program.
(2)
(A) For a first offense under subdivision (a)(1) of this section, a person shall be issued a citation that is a warning citation and no court appearance is required and no penalty shall be imposed by the court.
(B) A record of each warning citation issued shall be maintained and for any subsequent offense, the offender is subject to a penalty prescribed.
(3) Any person who pleads guilty or nolo contendere to or is found guilty of violating subdivision (a)(1) of this section for a subsequent offense is guilty of a Class C misdemeanor.
(b)
(1) No person shall divert to commercial use any recyclable material placed in a container as a part of a recycling program without the consent of the generator or the collector of the recyclable material or the person owning or operating the container as a part of the recycling program.
(2) Any person who pleads guilty or nolo contendere to or is found guilty of violating a provision of subdivision (b)(1) of this section is guilty of a Class A misdemeanor.
Structure Arkansas Code
Subtitle 4 - Offenses Against Property
Subchapter 1 - General Provisions
§ 5-36-105. Theft of property lost, mislaid, or delivered by mistake
§ 5-36-106. Theft by receiving
§ 5-36-107. Theft of a trade secret
§ 5-36-108. Unauthorized use of a vehicle
§ 5-36-116. Shoplifting presumption — Detention and arrest of person under shoplifting presumption
§ 5-36-120. Theft of motor fuel
§ 5-36-121. Theft of recyclable materials
§ 5-36-122. Motion picture piracy
§ 5-36-123. Theft of scrap metal
§ 5-36-124. Theft by receiving of scrap metal
§ 5-36-125. Unlawful transfer of stolen property to a pawn shop or pawnbroker