If there is no offense of shoplifting, as defined by the Arkansas Criminal Code, can we create a presumption which gives rise to an offense of shoplifting? Q2) Do the provisions of Section 5-36-116 and the presumption created by 5-36-102 apply to the larcenous acts of an employee? Q3) If the Arka

- STATE OF ARKANSAS OFFICE OF THE ATTORNEY GENERAL . SZ 201 EAST MARKHAM STREET 4 me |r STEPE CLARK 7 UTTUg ROKK ARKANSAS 72201 4 oo (601) 371.2007 ATTORNEY GENERAL . . Apri Be STG Be ‘ Lo, OPINION NO. 86-285 Honorable Doug Wood State Representative 201 West Broadway .»« North Little Rock, Arkansas 72119 Dear Representative Wood: This letter is in response to your request. for an opinion on the following questions: lL. If there is no offense of Shoplifting as defined by the Arkansas Criminal Code, can we-create a presumption which gives’ rise to an offense of shoplifting? 2. Do the. provisions of Ark. “Stat. Ann. § 41-2251l{ec) - and the presumption created by § 41- 72202(2) apply to the larcenous Acts Of an employee? — 7 a 3. If the Arkansas Criminal Code does: not contain an. offense of “shoplifting", per se, can Ark. Stat. Ann. §. ~ 41~2251(c) be used to establish probable cause for . ~ "shoplifting" when .the statute applies to theft of property? | 4. Can a defendant be lawfully arrested under a charge of thett of Property using. this presumption statute? ae _ ns Although shoplifting. ‘is: “no longer a Separate offense, - it “ - ig. .still a manner or form.of theft. -In other words, ‘the - | -"*. defendant “may ‘be convicted of theft if it. is shown that he ‘knowingly. appropriated. the property of another” person. With: “the ‘purpose of. depriving’ the owner. thereof: through the. ‘act. sf Shoplifting-The ‘presumption in § 41- 02(2). gives - tise “to the offense. of theft: through the form of Shoplifting. Oe Because the ‘legislature. ‘entitled this. statute ‘the. a 7 Oo SS “shoplifting: presumption” it is clear that it. intended the - =: pte presumption t6 apply only to customers who, shoplift, and not ‘to: employees who. commit larceny... Larceny by employees’ is: 4 “Still a Separate manner of committing theft. oY “page 2. April 25, 1986 Section 2251(c) does not establish probable cause for shoplifting. It merely provides that a person may be arrested for theft. without a warrant upon probable cause to believe -that the person has shoplifted.. The use of the | phrase "offense of shoplifting" is unfortunate, but it does me not negate the power of the peace officer to make a noe warrantless arrest-based on probable cause to believe that a theft ‘by means . Of shoplifting has been committed. -Because. i. the specific reference to shoplifting, it is 3 clear that section 2251(c) does not apply to employees who ae commit ‘larceny. iba te The foregoing. Opinion, whith. I hereby approve,, was prepared by Assistant. Attorney General Sandra + Johnson- Buchanan. ” sincerely, a a STEVE CLARK Ll, mh, Attorney General 2 lviE, Che Av OT er ce Prey Beer SOR 8 ce ee ey : Orr ree Werte - . oe le 4 cardia anebian SL