§ 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).

Legislative History

Acts 2011, No. 697, § 1.