{"data":{"id":"us-ar/ark.-code-ann.-5-36-202","jurisdiction":"us-ar","citation":"Ark. Code Ann. § 5-36-202","heading":"Theft of public benefits","body":"(a) 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: (A) By means of any false statement, misrepresentation, or impersonation; or (B) 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. (b) 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. (c) 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. (d) 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. (e) 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. Amended by Act 2015, No. 1263,§ 7, eff. 7/22/2015. Acts 1993, No. 320, §§ 2, 3.\n\n(a) 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: (A) By means of any false statement, misrepresentation, or impersonation; or (B) 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.\n\n(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: (A) By means of any false statement, misrepresentation, or impersonation; or (B) Through failure to disclose a material fact used in making a determination as to the person's qualification to receive a public benefit; or\n\n(A) By means of any false statement, misrepresentation, or impersonation; or\n\n(B) Through failure to disclose a material fact used in making a determination as to the person's qualification to receive a public benefit; or\n\n(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.\n\n(b) 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.\na public benefit; or\n\n(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.\n\n(b) 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.\n\n(c) 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.\n\n(1) Class B felony if the value of the public benefit is two thousand five hundred dollars ($2,500) or more;\n\n(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\n\n(3) Class A misdemeanor if the value of the public benefit is five hundred dollars ($500) or less.\n\n(d) 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.\n\n(1) For no less than seven (7) days for a second offense occurring within five (5) years of a prior offense;\n\n(2) For no less than ninety (90) days for a third offense occurring within five (5) years of a prior offense; and\n\n(3) For at least one (1) year for a fourth or subsequent offense occurring within five (5) years of a prior offense.\n\n(e) 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.\n\n(1) One hundred fifty dollars ($150) for the first offense;\n\n(2) Four hundred dollars ($400) for a second offense occurring within five (5) years of a prior offense; and\n\n(3) Nine hundred dollars ($900) for a third or subsequent offense occurring within five (5) years of a prior offense.","path":["AR Code","Title 5","Chapter 36","Subchapter 2"],"source_url":"https://oss-data-us.vaquill.ai/v2026.08/us_ar_statutes.parquet","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:41Z","sha256":"cc590133de66d9f634c83d2a61bda294915200156bf07ff452d0b52b6ba5a21d","source_id":"us-ar","stale":false,"prev":"us-ar/ark.-code-ann.-5-36-201","next":"us-ar/ark.-code-ann.-5-36-203"},"notice":"GroundRules: Original legal text. Not legal advice."}