§ 5-36-202 - Theft of public benefits.
5-36-202. Theft of public benefits.
(a) A person commits theft of public benefits if the person:
(1) Obtains or retains a public benefit from the Department of Health and 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 intent to commit theft of public benefits.