Defrauding a prospective adoptive parent

1. Law
2. Arkansas Code
3. Criminal Offenses
4. Offenses Against Property
5. Forgery and Fraudulent Practices
6. Offenses Generally
7. Defrauding a prospective adoptive parent

1. (a) As used in this section:

   1. (1) “Aggregate financial benefit” means the total financial benefit received by a person preceding, during, and after the pregnancy of the person;

   2. (2) “Financial benefit” means any cost for prenatal, delivery, or postnatal care, including without limitation reasonable costs for:

      1. (A) Housing;

      2. (B) Food;

      3. (C) Clothing;

      4. (D) Medical expenses; or

      5. (E) General maintenance; and

   3. (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.

2. (b) A person commits the offense of defrauding a prospective adoptive parent if he or she:

   1. (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. (2) Does not:

      1. (A) Consent to the adoption; or

      2. (B) Complete the adoption process.

3. (c) Defrauding a prospective adoptive parent is a:

   1. (1) Class B felony if:

      1. (A) The aggregate financial benefit is two thousand five hundred dollars ($2,500) or more; or

      2. (B) The person has previously been convicted under this section;

   2. (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. (3) Class A misdemeanor if the aggregate financial benefit is less than five hundred dollars ($500).

Download our app to see the most-to-date content.