Ark. Code § 5-37-101

Current with legislation from 2024 Fiscal and Special Sessions.

Section 5-37-101 - Definitions

As used in this chapter:

(1) "Coin machine" means a coin box, turnstile, vending machine, receptacle, or other mechanical or electronic device designed to receive a coin or bill of a certain denomination or token made for that purpose, and in return for the insertion or deposit of the coin, bill, or token, to offer, to provide, to assist in providing, or to permit the acquisition of property or public or private service;

(2) "Credit card" means any instrument or device issued with or without fee by an issuer for use in obtaining money, goods, services, or anything else of value on credit;

(3)

(A) "Deception" means:

(i) Creating or reinforcing a false impression, including a false impression of fact, law, value, or intention or other state of mind that the actor does not believe to be true;

(ii) Preventing another person from acquiring information that would affect his or her judgment of a transaction;

(iii) Failing to correct a false impression that the actor knows to be false and that the actor created or reinforced or that the actor knows to be influencing another person to whom the actor stands in a fiduciary or confidential relationship;

(iv) Failing to disclose a lien, adverse claim, or other legal impediment to the enjoyment of property that the actor transfers or encumbers in consideration for the property or service obtained or in order to continue to deprive another person of that other person's property, whether the impediment is or is not valid or is or is not a matter of official record; or

(v) Employing any other scheme to defraud.

(B) As to a person's intention to perform a promise, "deception" shall not be inferred solely from the fact that the person did not subsequently perform the promise.

(C) "Deception" does not include:

(i) Falsity as to a matter having no pecuniary significance; or

(ii) Puffing by a statement unlikely to deceive an ordinary person in the group addressed;

(4) "Electronic cash register" means a device that keeps a register or supporting document by means of an electronic device or computer system designed to record transaction data for the purpose of computing, compiling, or processing retail sales transaction data or a transaction report;

(5) "Enterprise" means any entity of one (1) or more persons, corporate or otherwise, public or private, engaged in business, commercial, professional, industrial, charitable, social, political, or governmental activity;

(6) "Financial institution" means any organization or enterprise held out to the public as a place of deposit of funds or medium of savings;

(7)

(A) "Slug" means an object that by virtue of its size, shape, or any other quality is capable of being inserted, deposited, or otherwise used in a coin machine as a substitute for a genuine coin, bill, or token.

(B) The value of a slug is deemed to be the value of the coin, bill, or token for which it is capable of being substituted;

(8) "Transaction data" means information concerning one (1) or more sales transactions, including without limitation the following:

(A) The items purchased by each customer;

(B) The price for each item purchased;

(C) A taxability determination for each item purchased;

(D) A segregated tax amount for each taxed item purchased;

(E) The amount of cash or credit tendered for each purchase;

(F) The net amount returned to the customer in change;

(G) The date and time of the purchase;

(H) The name, address, and identification number of the vendor; and

(I) The receipt or invoice number of the transaction;

(9) "Transaction report" means a report that includes without limitation:

(A) The sales, taxes collected, media totals, and discount voids at an electronic cash register that is printed on cash register tape at the end of the day or shift; and

(B) Each action at an electronic cash register that is stored electronically;

(10) "Utter" means to transfer, pass, or deliver or cause to be transferred, passed, or delivered to another person any written instrument, or to attempt to do so;

(11)

(A) "Value" means:

(i) The market value of the property or service at the time and place of the offense;

(ii) If the market value of the property cannot be ascertained, the cost of replacing the property within a reasonable time after the offense; or

(iii) In the case of a written instrument, other than a written instrument having a readily ascertainable market value:

(a) The amount due and collectible at maturity less any part that has been satisfied if the written instrument constitutes evidence of a debt; or

(b) The greatest amount of economic loss that the owner might reasonably suffer by virtue of the loss of the written instrument if the written instrument is other than evidence of a debt.

(B) If the actor gave consideration for or had a legal interest in the property or service, the amount of the consideration or the value of the interest shall be deducted from the value of the property or service to determine value; and

(12)

(A) "Written instrument" means any paper, document, or other material containing written or printed matter or its equivalent.

(B) "Written instrument" includes any money, token, stamp, seal, badge, trademark, retail sales receipt, universal product code label or other evidence or symbol of value, right, privilege, or identification that is capable of being used to the advantage or disadvantage of any person.

Ark. Code § 5-37-101

Amended by Act 2013, No. 1076,§ 1, eff. 8/16/2013.

Acts 1975, No. 280, § 2301; A.S.A. 1947, § 41-2301; Acts 1999, No. 1479, § 1.