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5-37-216. Defrauding a prospective adoptive parent.
Arkansas Code — all titles (historical 2020) · legal_authorities
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).
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-37-216
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:5-37-216
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 2f00684cd6aa417a74773fdc810c612f0c41e8763fd4016f76ab4808faca1aa8
Source location: content.xml paragraph 16375
Stored source content
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).
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