RBMS Security Committee: State Laws: Arkansas
The RBMS Security Committee attempts to maintain a current list of statutes from each of the fifty states pertaining to library thefts or other criminal acts involving library and archival materials (view index). Following are the relevant laws for the state of Arkansas:
Arkansas Public Library Laws, 2009-2010
Title 13. Libraries, Archives, and Cultural Resources. Chapter 2. Libraries. Subchapter 8. Arkansas Library Materials Security Law, §§ 13-2-801 to 13-3-806.
13-2-801. Short title. This subchapter shall be known and may be cited as the Arkansas Library Materials Security Law.
History. Acts 1995, No. 906, § 1.
13-2-802. Definitions.
For the purposes of this subchapter:
(1) "Library materials" means books, manuscripts, letters, newspapers, court records, films, microfilms, tape recordings, phonograph records, lithographs, prints, photographs, or any other written or printed documents, graphic material of any nature, and other personal 13-2-706 LIBRARIES, ARCHIVES, AND CULTURAL RESOURCES 38 property which is the property or in the custody of or entrusted to a public or private library, museum, archive, or other depository;
(2) "Mutilate" means, in addition to its commonly accepted definition, the willful removal or separation of constituent parts of an item of library materials, causing library materials to be exposed to damage; and
(3) "Without authorization" means contrary to rules which set forth policies governing access to library materials and include eligibility for library patronage and lending procedures.
History. Acts 1995, No. 906, § 2.
13-2-803. Unauthorized removal or willful mutilation of library materials.
(a)(1) It shall be unlawful for any person to remove library materials without authorization from the premises wherein such materials are maintained or to retain possession of library materials without authorization.
(2) It shall be unlawful for any person to willfully mutilate library materials.
(b)(1) A violation of this section is a Class B felony if the value of the property is two thousand five hundred dollars ($2,500) or more.
(2) A violation of this section is a Class C felony if the value of the property is less than two thousand five hundred dollars ($2,500) but more than five hundred dollars ($500).
(3) A violation of this section is a Class A misdemeanor if the value of the property is five hundred dollars ($500) or less.
(c) However, before a charge of retaining possession of library materials without authorization shall be filed against any person, the library shall send written notice by ordinary mail addressed to the last known address of the person who checked out or otherwise removed the books or materials from the library, notifying the person that:
(1) If the books or materials are not returned to the library within thirty (30) days from the date of the notice, charges will be filed against the person under the provisions of this section; and
(2) Upon conviction, the person may be fined in an amount as provided in this section.
History. Acts 1995, No. 906, § 3.
Cross References. Fines, § 5-4-201. Imprisonment, § 5-4-401.
13-2-804. Applicability. This subchapter shall apply to all libraries, museums, archives, and other depositories operated by an agency, board, commission, department, or officer of the State of Arkansas, by private persons, societies, or organizations, or by agencies or officers of municipalities, counties, schools, and institutions of higher learning, or of any other political subdivisions of the State of Arkansas.
History. Acts 1995, No. 906, § 4.
13-2-805. Reasonable detention and questioning to determine whether offense was committed.
(a) If a person employed by a library or a person charged with the supervision thereof has reason to believe that a person has committed or has attempted to commit any offense under this subchapter or that the person has concealed any library material upon his or her person or within his or her belongings, then the person may be detained and questioned in a reasonable manner for the purpose of ascertaining whether or not an offense has been committed.
(b) The detention and questioning shall not render the employee civilly liable for slander, false arrest, false imprisonment, malicious prosecution, unlawful detention, or otherwise, if the library employee or person charged with the supervision of the library acts in good faith and in a reasonable manner.
(c) For the purpose of ascertaining whether or not an offense has been committed, libraries, museums, archives, and other depositories may establish policies that require persons entering and exiting the premises wherein library materials are maintained to open and disclose the contents of any bags, purses, briefcases, and other containers which are being carried by or are in the possession of the persons.
History. Acts 1995, No. 906, § 6; 1997, No. 358, § 1.
13-2-806. Relation with other criminal or civil proceedings.
(a) The provisions of this subchapter are supplemental to other criminal statutes.
(b) An acquittal or conviction obtained under this subchapter shall not be a bar to civil proceedings or actions arising from the same incident.
History. Acts 1995, No. 906, § 5.
Source: Arkansas Public Library Laws Annotated, 2009-2010 Edition: http://www.library.arkansas.gov/PublicLibraryServices/Documents/arkansaslibrarylaws09.pdf, pp. 38-40.
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