2014 Arkansas Code
Title 5 - Criminal Offenses
Subtitle 4 - Offenses Against Property
Chapter 37 - Forgery and Fraudulent Practices
Subchapter 2 - Offenses Generally
§ 5-37-216 - Defrauding a prospective adoptive parent.

(a) As used in this section:

(1) "Aggregate financial benefit" means the total financial benefit received by a person preceding, during, and after the pregnancy of the person;

(2) "Financial benefit" means any cost for prenatal, delivery, or postnatal care, including without limitation reasonable costs for:

(A) Housing;

(B) Food;

(C) Clothing;

(D) Medical expenses; or

(E) General maintenance; and

(3) "Prospective adoptive parent" means a person who through his or her actions has a stated or unstated intention to begin the process of adopting a minor, whether or not the minor is known to him or her.

(b) A person commits the offense of defrauding a prospective adoptive parent if he or she:

(1) Knowingly obtains a financial benefit from a prospective adoptive parent or from an agent of a prospective adoptive parent with a purpose to defraud the prospective adoptive parent or the agent of the prospective adoptive parent of the financial benefit; and

(2) Does not:

(A) Consent to the adoption; or

(B) Complete the adoption process.

(c) Defrauding a prospective adoptive parent is a:

(1) Class B felony if:

(A) The aggregate financial benefit is two thousand five hundred dollars ($2,500) or more; or

(B) The person has previously been convicted under this section;

(2) Class C felony if the aggregate financial benefit is five hundred dollars ($500) or more but less than two thousand five hundred dollars ($2,500); or

(3) Class A misdemeanor if the aggregate financial benefit is less than five hundred dollars ($500).