Defrauding a prospective adoptive parent

Ark. Code Ann. § 5-37-216 — under Forgery and Fraudulent Practices.

Ark. Code Ann. § 5-37-216

(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.

(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

(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.

(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.

(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).

(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;

(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).