Arkansas § 5-36-202 - Theft of public benefits.

§ 5-36-202. Theft of public benefits.

A person commits theft of public benefits if the person: Obtains or retains a public benefit from the Department of Human Services or any other state agency administering the distribution of a public benefit: By means of any false statement, misrepresentation, or impersonation; or Through failure to disclose a material fact used in making a determination as to the person's qualification to receive a public benefit; or 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. 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. Theft of public benefits is a: Class B felony if the value of the public benefit is two thousand five hundred dollars ($2,500) or more; 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 Class A misdemeanor if the value of the public benefit is five hundred dollars ($500) or less. 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: For no less than seven (7) days for a second offense occurring within five (5) years of a prior offense; For no less than ninety (90) days for a third offense occurring within five (5) years of a prior offense; and For at least one (1) year for a fourth or subsequent offense occurring within five (5) years of a prior offense. 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: One hundred fifty dollars ($150) for the first offense; Four hundred dollars ($400) for a second offense occurring within five (5) years of a prior offense; and Nine hundred dollars ($900) for a third or subsequent offense occurring within five (5) years of a prior offense.