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5-36-202. Theft of public benefits.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-36-202. Theft of public benefits.
(a) A person commits theft of public benefits if the person:
(1) Obtains or retains a public benefit from the Department of Human Services or any other state agency administering the distribution of a public benefit:
(A) By means of any false statement, misrepresentation, or impersonation; or
(B) Through failure to disclose a material fact used in making a determination as to the person's qualification to receive a public benefit; or
(2) Receives, retains, or disposes of a public benefit knowing or having reason to know that the public benefit was obtained in violation of this subchapter.
(b) Presentation of false or fictitious information or failure to disclose a material fact in the process of obtaining or retaining public benefits is prima facie evidence of purpose to commit theft of public benefits.
(c) Theft of public benefits is a:
(1) Class B felony if the value of the public benefit is two thousand five hundred dollars ($2,500) or more;
(2) Class C felony if the value of the public benefit is less than two thousand five hundred dollars ($2,500) but more than five hundred dollars ($500); or
(3) Class A misdemeanor if the value of the public benefit is five hundred dollars ($500) or less.
(d) In addition to an extended term of imprisonment provided by § 5-4-501 for a habitual offender, any person who pleads guilty or nolo contendere to or is found guilty of violating this section shall be imprisoned:
(1) For no less than seven (7) days for a second offense occurring within five (5) years of a prior offense;
(2) For no less than ninety (90) days for a third offense occurring within five (5) years of a prior offense; and
(3) For at least one (1) year for a fourth or subsequent offense occurring within f
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-36-202
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:5-36-202
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 408bff27b5a4d236cf318295006a3993e90651cb12de1220ab08e06d8ad4789a
Source location: content.xml paragraph 15691
Stored source content
5-36-202. Theft of public benefits.
(a) A person commits theft of public benefits if the person:
(1) Obtains or retains a public benefit from the Department of Human Services or any other state agency administering the distribution of a public benefit:
(A) By means of any false statement, misrepresentation, or impersonation; or
(B) Through failure to disclose a material fact used in making a determination as to the person's qualification to receive a public benefit; or
(2) Receives, retains, or disposes of a public benefit knowing or having reason to know that the public benefit was obtained in violation of this subchapter.
(b) Presentation of false or fictitious information or failure to disclose a material fact in the process of obtaining or retaining public benefits is prima facie evidence of purpose to commit theft of public benefits.
(c) Theft of public benefits is a:
(1) Class B felony if the value of the public benefit is two thousand five hundred dollars ($2,500) or more;
(2) Class C felony if the value of the public benefit is less than two thousand five hundred dollars ($2,500) but more than five hundred dollars ($500); or
(3) Class A misdemeanor if the value of the public benefit is five hundred dollars ($500) or less.
(d) In addition to an extended term of imprisonment provided by § 5-4-501 for a habitual offender, any person who pleads guilty or nolo contendere to or is found guilty of violating this section shall be imprisoned:
(1) For no less than seven (7) days for a second offense occurring within five (5) years of a prior offense;
(2) For no less than ninety (90) days for a third offense occurring within five (5) years of a prior offense; and
(3) For at least one (1) year for a fourth or subsequent offense occurring within five (5) years of a prior offense.
(e) In addition to restitution, any person who pleads guilty or nolo contendere to or is found guilty of violating this section shall be fined no less than:
(1) One hundred fifty dollars ($150) for the first offense;
(2) Four hundred dollars ($400) for a second offense occurring within five (5) years of a prior offense; and
(3) Nine hundred dollars ($900) for a third or subsequent offense occurring within five (5) years of a prior offense.
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Arkansas Code — all titles (historical 2020) · legal_authorities
5-4-501. Habitual offenders — Sentencing for felony.
(a)(1) A defendant meeting the following criteria may be sentenced to pay any fine authorized by law for the felony conviction and to an extended term of imprisonment as set forth in subdivision (a)(2) of this section:
(A) A defendant who:
(i) Is convicted of a felony other than those enumerated in subsections (c) and (d) of this section committed after June 30, 1993; and
(ii) Has previously been convicted of more than one (1) felony but fewer than four (4) felonies or who has been found guilty of more than one (1) but fewer than four (4) felonies;
(B) A defendant who:
(i) Is convicted of any felony enumerated in subsection (c) of this section committed after August 31, 1997; and
(ii) Has previously been convicted of more than one (1) felony but fewer than four (4) felonies not enumerated in subsection (c) of this section or who has been found guilty of more than one (1) but fewer than four (4) felonies not enumerated in subsection (c) of this section; or
(C) A defendant who:
(i) Is convicted of any felony enumerated in subsection (d) of this section committed after August 31, 1997; and
(ii) Has previously been convicted of more than one (1) felony but fewer than four (4) felonies not enumerated in subsection (d) of this section or has been found guilty of more than one (1) but fewer than four (4) felonies not enumerated in subsection (d) of this section.
(2) The extended term of imprisonment for a defendant described in subdivision (a)(1) of this section is as follows:
(A) For a conviction of a Class Y felony, a term of imprisonment of not less than ten (10) years nor more than sixty (60) years, or life;
(B) For a conviction of a Class A felony, a term of imprisonment of not less than six (6
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-4-501
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 5-4-501. This identifies an authority to review, not proof of applicability.