Arkansas Code Annotated
Ark. Code Ann. § 16-81-114 (2026)
Warrantless arrest for gas theft
✓ current as of May 2026
- Any person who pumps fuel into a vehicle or container, which fuel is the property of a retail business entity that engages in the sale of fuel, and then leaves the premises with the fuel and without paying for the fuel shall be subject to arrest during the four (4) hours following the event, notwithstanding the lack of a warrant for the arrest.
- Provided, however, the person arrested shall be released within twenty-four (24) hours of the arrest unless a warrant for the arrest of the person is issued according to law.
History. Acts 1999, No. 1515, § 1.
Case Notes
Constitutionality.
This section, which allows a warrantless arrest for gas theft, is not an unconstitutional violation of the separation of powers. State v. Lester, 343 Ark. 662, 38 S.W.3d 313 (2001).
Construction With Other Laws.
This section, which allows a warrantless arrest for gas theft, is not superseded by Arkansas Rule of Criminal Procedure 4.1. State v. Lester, 343 Ark. 662, 38 S.W.3d 313 (2001).
Notes of Decisions
Cited in 1
case, 2001–2001 · leading case: State v. Lester, 38 S.W.3d 313 (Ark. 2001).
State v. Lester, 38 S.W.3d 313 (Ark. 2001). “The State also argued that Act 1515 of 1999, codified at Ark. Code Ann. § 16-81-114 (Supp. 1999), expressly authorized a misdemeanor warrantless arrest for gas drive-offs.”
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