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Current as of March 28, 2024 | Updated by FindLaw Staff
(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).
Cite this article: FindLaw.com - Arkansas Code Title 5. Criminal Offenses § 5-37-216. Defrauding a prospective adoptive parent - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-5-criminal-offenses/ar-code-sect-5-37-216/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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