(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).
Structure Arkansas Code
Subtitle 4 - Offenses Against Property
Chapter 37 - Forgery and Fraudulent Practices
Subchapter 2 - Offenses Generally
§ 5-37-202. Falsifying a business record
§ 5-37-203. Defrauding a secured creditor
§ 5-37-204. Fraud in insolvency
§ 5-37-205. Issuing a false financial statement
§ 5-37-206. Receiving a deposit in a failing financial institution
§ 5-37-207. Fraudulent use of a credit card or debit card
§ 5-37-208. Criminal impersonation
§ 5-37-209. Criminal possession of a forgery device
§ 5-37-210. Obtaining a signature by deception
§ 5-37-211. Defrauding a judgment creditor
§ 5-37-212. Unlawfully using a slug
§ 5-37-213. Criminal simulation
§ 5-37-214. Fraud — Aggregation of amounts
§ 5-37-215. Fraudulently filing a Uniform Commercial Code financing statement
§ 5-37-216. Defrauding a prospective adoptive parent
§ 5-37-219. Unlawful possession of a skimmer
§ 5-37-226. Filing instruments affecting title or interest in real property
§ 5-37-227. Financial identity fraud — Nonfinancial identity fraud — Restitution — Venue