Ark. Code Ann. » Title 5 Chapter 36
Arkansas Code Annotated

Ark. Code Ann. § 5-36-202 (2020)

Theft of public benefits

✓ Arkansas Code release r76: Acts through about 2020 (2021-2025 sessions missing)
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  1. 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:
      1. By means of any false statement, misrepresentation, or impersonation; or
      2. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.

History. Acts 1993, No. 320, §§ 2, 3; 2015, No. 1263, § 7.

Amendments. The 2015 amendment substituted “purpose to commit” for intent to commit” in (b); and added (c) through (e).

Notes of Decisions
Cited in 2 cases, 2000–2016 · leading case: State v. Gray, 2016 Ark. 411, 505 S.W.3d 160.
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State v. Gray, 2016 Ark. 411, 505 S.W.3d 160. · cites it 3× “3d at 480 (quoting Ark. Code Ann. § 5-36-202 (Repl. 1997)). The court explained that, although the appellant had completed applications for public benefits containing false statements outside of the limitations period, all of the elements of the offense of theft of public…”
Scott v. State, 10 S.W.3d 476 (Ark. Ct. App. 2000). · cites it 4× “Ark. Code Ann. § 5-36-202 (a) (Repl. 1997).”
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