Arkansas Code
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).