| Criminal Financial Exploitation
N.D. Cent. Code, § 12.1-31-07(1)(b) (2022)
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Title 12.1. Criminal Code
Chapter 12.1-31. Miscellaneous Offenses
§ 12.1-31-07. Endangering an eligible adult--Penalty
1. In this chapter, unless the context otherwise requires:
b. “Eligible adult” means an individual who is at least sixty-five years old or a vulnerable adult as defined in section 50-25.2-01.
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| Criminal Financial Exploitation
Nev. Rev. Stat. Ann. § 200.5092(3), (6) & (8) (2022)
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Title 15. Crimes and Punishments
Chapter 200. Crimes Against the Person
Abuse, Neglect, Exploitation, Isolation or Abandonment of Older Persons and Vulnerable Persons
§ 200.5092. Definitions
As used in NRS 200.5091 to 200.50995, inclusive, unless the context otherwise requires:
3. “Exploitation” means any act taken by a person who has the trust and confidence of an older person or a vulnerable person or any use of the power of attorney or guardianship of an older person or a vulnerable person to:
(a) Obtain control, through deception, intimidation or undue influence, over the older person's or vulnerable person's money, assets or property with the intention of permanently depriving the older person or vulnerable person of the ownership, use, benefit or possession of his or her money, assets or property; or
6. “Older person” means a person who is 60 years of age or older.
8. “Vulnerable person” means a person 18 years of age or older who:
(a) Suffers from a condition of physical or mental incapacitation because of a developmental disability, organic brain damage or mental illness; or
(b) Has one or more physical or mental limitations that restrict the ability of the person to perform the normal activities of daily living.
(b) Convert money, assets or property of the older person or vulnerable person with the intention of permanently depriving the older person or vulnerable person of the ownership, use, benefit or possession of his or her money, assets or property.
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| Criminal Financial Exploitation
NY Penal § 190.65(1) & § 260.31(3) (2022)
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New York Penal Code
Chapter 40. Of the Consolidated Laws
Part Three. Specific Offenses
Title K. Offenses Involving Fraud
Article 190. Other Frauds
§ 190.65 Scheme to defraud in the first degree
1. A person is guilty of a scheme to defraud in the first degree when he or she: (a) engages in a scheme constituting a systematic ongoing course of conduct with intent to defraud ten or more persons or to obtain property from ten or more persons by false or fraudulent pretenses, representations or promises, and so obtains property from one or more of such persons; or (b) engages in a scheme constituting a systematic ongoing course of conduct with intent to defraud more than one person or to obtain property from more than one person by false or fraudulent pretenses, representations or promises, and so obtains property with a value in excess of one thousand dollars from one or more such persons; or (c) engages in a scheme constituting a systematic ongoing course of conduct with intent to defraud more than one person, more than one of whom is a vulnerable elderly person as defined in subdivision three of section 260.31 of this chapter or to obtain property from more than one person, more than one of whom is a vulnerable elderly person as defined in subdivision three of section 260.31 of this chapter, by false or fraudulent pretenses, representations or promises, and so obtains property from one or more such persons; or (d) engages in a systematic ongoing course of conduct, with intent to defraud more than one person by false or fraudulent pretenses, representations or promises, by disposing of solid waste as defined in section 27-0701 of the environmental conservation law on such persons' property, and so damages the property of one or more of such persons in an amount in excess of one thousand dollars.
New York Penal Code
Chapter 40. Of the Consolidated Laws
Part Three. Specific Offenses
Title0. Offenses Against Marriage, the Family, and the Welfare of Children and Incompetents
Article 260. Offenses Relating to Children, Disabled Persons and Vulnerable Elderly Persons
§ 260.31 Vulnerable elderly persons; definitions
For the purpose of sections 260.32 and 260.34 of this article, the following definitions shall apply: 3. “Vulnerable elderly person” means a person sixty years of age or older who is suffering from a disease or infirmity associated with advanced age and manifested by demonstrable physical, mental or emotional dysfunction to the extent that the person is incapable of adequately providing for his or her own health or personal care.
4. “Incompetent or physically disabled person” means an individual who is unable to care for himself or herself because of physical disability, mental disease or defect.
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| Criminal Financial Exploitation
O.C.G.A. § 16-5-102(a) (2022)
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Title 16. Crimes and Offenses
Chapter 5. Crimes Against the Person
Article 8. Protection of Elder Persons
§ 16-5-102. Punishment for any person who exploits, threatens, intimidates, or attempts to intimidate a disabled adult or elder person
(a) Any person who knowingly and willfully exploits a disabled adult, elder person, or resident, willfully inflicts physical pain, physical injury, sexual abuse, mental anguish, or unreasonable confinement upon a disabled adult, elder person, or resident, or willfully deprives of essential services a disabled adult, elder person, or resident shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than one nor more than 20 years, a fine of not more than $50,000.00, or both.
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| Criminal Financial Exploitation
OH ST § 2913.01(CC) & (DD) (2022)
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Title XXIX. Crimes—Procedure
Chapter 2913. Theft and Fraud
OH ST § 2913.01 Definitions
As used in this chapter, unless the context requires that a term be given a different meaning:
(CC) “Elderly person” means a person who is sixty-five years of age or older.
(DD) “Disabled adult” means a person who is eighteen years of age or older and has some impairment of body or mind that makes the person unable to work at any substantially remunerative employment that the person otherwise would be able to perform and that will, with reasonable probability, continue for a period of at least twelve months without any present indication of recovery from the impairment, or who is eighteen years of age or older and has been certified as permanently and totally disabled by an agency of this state or the United States that has the function of so classifying persons.
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| Criminal Financial Exploitation
OH ST § 2913.02 (2022)
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Title XXIX. Crimes—Procedure
Chapter 2913. Theft and Fraud
OH ST § 2913.02 Theft and Fraud
(A) No person, with purpose to deprive the owner of property or services, shall knowingly obtain or exert control over either the property or services in any of the following ways:
(1) Without the consent of the owner or person authorized to give consent;
(2) Beyond the scope of the express or implied consent of the owner or person authorized to give consent;
(3) By deception;
(4) By threat;
(5) By intimidation.
(B)(1) Whoever violates this section is guilty of theft.
(2) Except as otherwise provided in this division or division (B)(3), (4), (5), (6), (7), (8), or (9) of this section, a violation of this section is petty theft, a misdemeanor of the first degree. If the value of the property or services stolen is one thousand dollars or more and is less than seven thousand five hundred dollars or if the property stolen is any of the property listed in section 2913.71 of the Revised Code, a violation of this section is theft, a felony of the fifth degree. If the value of the property or services stolen is seven thousand five hundred dollars or more and is less than one hundred fifty thousand dollars, a violation of this section is grand theft, a felony of the fourth degree. If the value of the property or services stolen is one hundred fifty thousand dollars or more and is less than seven hundred fifty thousand dollars, a violation of this section is aggravated theft, a felony of the third degree. If the value of the property or services is seven hundred fifty thousand dollars or more and is less than one million five hundred thousand dollars, a violation of this section is aggravated theft, a felony of the second degree. If the value of the property or services stolen is one million five hundred thousand dollars or more, a violation of this section is aggravated theft of one million five hundred thousand dollars or more, a felony of the first degree.
(3) Except as otherwise provided in division (B)(4), (5), (6), (7), (8), or (9) of this section, if the victim of the offense is an elderly person, disabled adult, active duty service member, or spouse of an active duty service member, a violation of this section is theft from a person in a protected class, and division (B)(3) of this section applies. Except as otherwise provided in this division, theft from a person in a protected class is a felony of the fifth degree. If the value of the property or services stolen is one thousand dollars or more and is less than seven thousand five hundred dollars, theft from a person in a protected class is a felony of the fourth degree. If the value of the property or services stolen is seven thousand five hundred dollars or more and is less than thirty-seven thousand five hundred dollars, theft from a person in a protected class is a felony of the third degree. If the value of the property or services stolen is thirty-seven thousand five hundred dollars or more and is less than one hundred fifty thousand dollars, theft from a person in a protected class is a felony of the second degree. If the value of the property or services stolen is one hundred fifty thousand dollars or more, theft from a person in a protected class is a felony of the first degree. If the victim of the offense is an elderly person, in addition to any other penalty imposed for the offense, the offender shall be required to pay full restitution to the victim and to pay a fine of up to fifty thousand dollars. The clerk of court shall forward all fines collected under division (B)(3) of this section to the county department of job and family services to be used for the reporting and investigation of elder abuse, neglect, and exploitation or for the provision or arrangement of protective services under sections 5101.61 to 5101.71 of the Revised Code.
(4) If the property stolen is a firearm or dangerous ordnance, a violation of this section is grand theft. Except as otherwise provided in this division, grand theft when the property stolen is a firearm or dangerous ordnance is a felony of the third degree, and there is a presumption in favor of the court imposing a prison term for the offense. If the firearm or dangerous ordnance was stolen from a federally licensed firearms dealer, grand theft when the property stolen is a firearm or dangerous ordnance is a felony of the first degree. The offender shall serve a prison term imposed for grand theft when the property stolen is a firearm or dangerous ordnance consecutively to any other prison term or mandatory prison term previously or subsequently imposed upon the offender.
(5) If the property stolen is a motor vehicle, a violation of this section is grand theft of a motor vehicle, a felony of the fourth degree.
(6) If the property stolen is any dangerous drug, a violation of this section is theft of drugs, a felony of the fourth degree, or, if the offender previously has been convicted of a felony drug abuse offense, a felony of the third degree.
(7) If the property stolen is a police dog or horse or an assistance dog and the offender knows or should know that the property stolen is a police dog or horse or an assistance dog, a violation of this section is theft of a police dog or horse or an assistance dog, a felony of the third degree.
(8) If the property stolen is anhydrous ammonia, a violation of this section is theft of anhydrous ammonia, a felony of the third degree.
(9) Except as provided in division (B)(2) of this section with respect to property with a value of seven thousand five hundred dollars or more and division (B)(3) of this section with respect to property with a value of one thousand dollars or more, if the property stolen is a special purpose article as defined in section 4737.04 of the Revised Code or is a bulk merchandise container as defined in section 4737.012 of the Revised Code, a violation of this section is theft of a special purpose article or articles or theft of a bulk merchandise container or containers, a felony of the fifth degree.
(10) In addition to the penalties described in division (B)(2) of this section, if the offender committed the violation by causing a motor vehicle to leave the premises of an establishment at which gasoline is offered for retail sale without the offender making full payment for gasoline that was dispensed into the fuel tank of the motor vehicle or into another container, the court may do one of the following:
(a) Unless division (B)(10)(b) of this section applies, suspend for not more than six months the offender's driver's license, probationary driver's license, commercial driver's license, temporary instruction permit, or nonresident operating privilege;
(b) If the offender's driver's license, probationary driver's license, commercial driver's license, temporary instruction permit, or nonresident operating privilege has previously been suspended pursuant to division (B)(10)(a) of this section, impose a class seven suspension of the offender's license, permit, or privilege from the range specified in division (A)(7) of section 4510.02 of the Revised Code, provided that the suspension shall be for at least six months.
(c) The court, in lieu of suspending the offender's driver's or commercial driver's license, probationary driver's license, temporary instruction permit, or nonresident operating privilege pursuant to division (B)(10)(a) or (b) of this section, instead may require the offender to perform community service for a number of hours determined by the court.
(11) In addition to the penalties described in division (B)(2) of this section, if the offender committed the violation by stealing rented property or rental services, the court may order that the offender make restitution pursuant to section 2929.18 or 2929.28 of the Revised Code. Restitution may include, but is not limited to, the cost of repairing or replacing the stolen property, or the cost of repairing the stolen property and any loss of revenue resulting from deprivation of the property due to theft of rental services that is less than or equal to the actual value of the property at the time it was rented. Evidence of intent to commit theft of rented property or rental services shall be determined pursuant to the provisions of section 2913.72 of the Revised Code.
(C) The sentencing court that suspends an offender's license, permit, or nonresident operating privilege under division (B)(10) of this section may grant the offender limited driving privileges during the period of the suspension in accordance with Chapter 4510. of the Revised Code.
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| Criminal Financial Exploitation
ORS § 163.205(1)(b)(D) & 2(b)-(c) (2022)
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Title 16. Crimes and Punishments
Chapter 163. Offenses Against Persons
Assault and Related Offenses
§ 163.205. Criminal mistreatment in the first degree
(1) A person commits the crime of criminal mistreatment in the first degree if:
(b) The person, in violation of a legal duty to provide care for a dependent person or elderly person, or having assumed the permanent or temporary care, custody or responsibility for the supervision of a dependent person or elderly person, intentionally or knowingly:
(D) Hides the dependent person's or elderly person's money or property or takes the money or property for, or appropriates the money or property to, any use or purpose not in the due and lawful execution of the person's responsibility;
(2) As used in this section:
(b) “Dependent person” means a person who because of either age or a physical or mental disability is dependent upon another to provide for the person’s physical needs.
(c) “Elderly person” means a person 65 years of age or older.
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| Criminal Financial Exploitation
R.I. Gen. Laws § 11-68-2 (2022)
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Title 11. Criminal Offenses
Chapter 68. Exploitation of Elders
§ 11-68-2. Exploitation of an elder
(a) A person is guilty of exploitation of an elder person if that person:
(1) Knowingly, by deception or intimidation, obtains or uses, or endeavors to obtain or use, an elder person's funds, assets or property with the intent to temporarily or permanently deprive the elder person of the use, benefit, or possession of the funds, assets or property, or to benefit someone other than the elder person by a person who:
(i) Stands in a position of trust and confidence with the elder person; or
(ii) Has a business relationship with the elder person; or
(2) Knowingly, by deception or intimidation, obtains or uses, endeavors to obtain or use, or conspires with another to obtain or use an elder person's funds, assets, or property with the intent to temporarily or permanently deprive the elder person of the use, benefit, or possession of the funds, assets, or property, or to benefit someone other than the elder person, by a person who knows or reasonably should know that the elder person lacks the capacity to consent.
(b) Any person who shall exploit an elder person as defined in this chapter shall be guilty of a felony.
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| Criminal Financial Exploitation
R.R.S. Neb. § § 28-366.01 (2022)
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Chapter 28. Crimes and Punishments
Article 3. Offenses Against the Person
(b) Adult Protective Services Act
§ 28-366.01. Senior adult, defined
Senior adult means any person sixty-five years of age or older.
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| Criminal Financial Exploitation
R.R.S. Neb. § 28-358 (2022)
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Chapter 28. Crimes and Punishments
Article 3. Offenses Against the Person
(b) Adult Protective Services Act
§ 28-358. Exploitation, defined
Exploitation means the wrongful or unauthorized taking, withholding, appropriation, conversion, control, or use of money, funds, securities, assets, or any other property of a vulnerable adult or senior adult by any person by means of undue influence, breach of a fiduciary relationship, deception, extortion, intimidation, force or threat of force, isolation, or any unlawful means or by the breach of a fiduciary duty by the guardian, conservator, agent under a power of attorney, trustee, or any other fiduciary of a vulnerable adult or senior adult.
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| Criminal Financial Exploitation
R.R.S. Neb. § 28-386(1) (2022)
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Chapter 28. Crimes and Punishments
Article 3. Offenses Against the Person
(b) Adult Protective Services Act
§ 28-386. Knowing and intentional abuse, neglect, or exploitation of a vulnerable adult or senior adult; penalty
(1) A person commits knowing and intentional abuse, neglect, or exploitation of a vulnerable adult or senior adult if he or she through a knowing and intentional act causes or permits a vulnerable adult or senior adult to be:
(a) Physically injured;
(b) Unreasonably confined;
(c) Sexually abused;
(d) Exploited;
(e) Cruelly punished;
(f) Neglected; or
(g) Sexually exploited.
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| Criminal Financial Exploitation
R.S.Mo. § 192.2005(5) & (6) (2022)
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Title XII. Public Health and Welfare (Chs. 188 — 215)
Chapter 192. Department of Health (§§ 192.002 — 192.2520) Senior Services (§§ 192.2000 — 192.2150)
§ 192.2005. Definitions [Renumbered]
(5) “Elderly” or “elderly persons”, persons who are sixty years of age or older;
(6) “Disability”, a mental or physical impairment that substantially limits one or more major life activities, whether the impairment is congenital or acquired by accident, injury or disease, where such impairment is verified by medical findings;
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R.S.Mo. § 570.145 (2022)
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Title XXXVIII. Crimes and Punishment; Peace Officers and Public Defenders
Chapter 570. Robbery, Stealing and Related Offenses
§ 570.145. Financial exploitation of the elderly person or person with a disability--penalties--certain defense prohibited, additional violation, restitution
1. A person commits the offense of financial exploitation of an elderly person or a person with a disability if such person knowingly obtains control over the property of the elderly person or person with a disability with the intent to permanently deprive the person of the use, benefit or possession of his or her property thereby benefitting the offender or detrimentally affecting the elderly person or person with a disability by:
(1) Deceit;
(2) Coercion;
(3) Creating or confirming another person's impression which is false and which the offender does not believe to be true;
(4) Failing to correct a false impression which the offender previously has created or confirmed;
(5) Preventing another person from acquiring information pertinent to the disposition of the property involved;
(6) Selling or otherwise transferring or encumbering property, failing to disclose a lien, adverse claim or other legal impediment to the enjoyment of the property, whether such impediment is or is not valid, or is or is not a matter of official record;
(7) Promising performance which the offender does not intend to perform or knows will not be performed. Failure to perform standing alone is not sufficient evidence to prove that the offender did not intend to perform; or
(8) Undue influence, which means the use of influence by someone who exercises authority over an elderly person or person with a disability in order to take unfair advantage of that person's vulnerable state of mind, neediness, pain, or agony. Undue influence includes, but is not limited to, the improper or fraudulent use of a power of attorney, guardianship, conservatorship, or other fiduciary authority.
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| Criminal Financial Exploitation
RSA § 631:8(a), (c)-(d) & (e) (2022)
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Title LXII. Criminal Code
Chapter 631. Assault and Related Offenses
§ 631:8 Criminal Neglect of Elderly, Disabled, or Impaired Adults.
I. In this section:
(a) “Adult” means any person who is 18 years of age or older.
(c) “Disabled adult” means an adult who has a diagnosed physical or mental impairment.
(d) “Elderly adult” means an individual who is 60 years of age or older.
(e) “Impaired adult” means any adult who suffers from an impairment by reason of mental illness, developmental disability, organic brain disorder, physical illness or disability, chronic use of drugs, chronic intoxication, memory loss, or other cause, that causes an adult to lack sufficient understanding or capacity to make or communicate reasonable decisions concerning the adult's person or property or exhibits the functional limitations as defined in RSA 464-A:2, VII. Impaired adult includes a person determined to be vulnerable under RSA 161-F or incapacitated under RSA 464-A.
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| Criminal Financial Exploitation
RSA § 631:9(I) (2022)
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Title LXII. Criminal Code
Chapter 631. Assault and Related Offenses
§ 631:9 Financial Exploitation of an Elderly, Disabled, or Impaired Adult.
I. Whoever commits any of the following acts against an elderly, disabled, or impaired adult, as defined in RSA 631:8, shall be guilty of financial exploitation and penalized pursuant to RSA 631:10 if:
(a) In breach of a fiduciary obligation recognized in law, including pertinent regulations, contractual obligations, documented consent by a competent person, including, but not limited to, an agent under a durable power of attorney, guardian, conservator, or trustee, a person, knowingly or recklessly, for his or her own profit or advantage:
(1) Fails to use the real or personal property or other financial resources of the elderly, disabled, or impaired adult to provide food, clothing, shelter, health care, therapeutic conduct, or supervision for the elderly, disabled, or impaired adult when under a duty to do so; or
(2) Unless authorized by the instrument establishing fiduciary obligation, deprives, uses, manages, or takes either temporarily or permanently the real or personal property or other financial resources of the elderly, disabled, or impaired adult for the benefit of someone other than the elderly, disabled, or impaired adult; or
(b) In the absence of legal authority a person knowingly or recklessly through the use of undue influence, harassment, duress, force, compulsion, coercion, or under any circumstances where the person knew that the elderly, disabled, or impaired adult lacked capacity to consent, or consciously disregarded a substantial and unjustifiable risk that the elderly, disabled, or impaired adult lacked capacity to consent:
(1) Acquires possession or control of an interest in real or personal property or other financial resources of an elderly, disabled, or impaired adult;
(2) Induces an elderly, disabled, or impaired adult against the elderly, disabled, or impaired adult's will to perform services for the profit or advantage of another; or
(3) Establishes a relationship with a fiduciary obligation to an elderly, disabled, or impaired adult that gives the person control of an interest in real or personal property or other financial resources of an elderly, disabled, or impaired adult.
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| Criminal Financial Exploitation
S.C. Code Ann. § 43-35-10(3) & (11) (2022)
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Title 43. Social Services
Chapter 35. Adult Protection
Article 1. Duties and Procedures of Investigative Entities
§ 43-35-10. Definitions.
As used in this chapter:
(3) “Exploitation” means:
(a) causing or requiring a vulnerable adult to engage in activity or labor which is improper, unlawful, or against the reasonable and rational wishes of the vulnerable adult. Exploitation does not include requiring a vulnerable adult to participate in an activity or labor which is a part of a written plan of care or which is prescribed or authorized by a licensed physician attending the patient;
(b) an improper, unlawful, or unauthorized use of the funds, assets, property, power of attorney, guardianship, or conservatorship of a vulnerable adult by a person for the profit or advantage of that person or another person; or
(c) causing a vulnerable adult to purchase goods or services for the profit or advantage of the seller or another person through: (i) undue influence, (ii) harassment, (iii) duress, (iv) force, (v) coercion, or (vi) swindling by overreaching, cheating, or defrauding the vulnerable adult through cunning arts or devices that delude the vulnerable adult and cause him to lose money or other property.
(11) “Vulnerable adult” means a person eighteen years of age or older who has a physical or mental condition which substantially impairs the person from adequately providing for his or her own care or protection. This includes a person who is impaired in the ability to adequately provide for the person's own care or protection because of the infirmities of aging including, but not limited to, organic brain damage, advanced age, and physical, mental, or emotional dysfunction. A resident of a facility is a vulnerable adult.
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| Criminal Financial Exploitation
S.C. Code Ann. § 43-35-85(A) & (D) (2022)
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Title 43. Social Services
Chapter 35. Adult Protection
Article 1. Duties and Procedures of Investigative Entities
§ 43-35-85. Penalties.
(A) A person required to report under this chapter who knowingly and wilfully fails to report abuse, neglect, or exploitation is guilty of a misdemeanor and, upon conviction, must be fined not more than twenty-five hundred dollars or imprisoned not more than one year.
(D) A person who knowingly and wilfully exploits a vulnerable adult is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years, or both, and may be required by the court to make restitution.
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S.D. Codified Laws § 22-46-1(1), (3) & (5) (2022)
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Title 22. Crimes
Chapter 22-46. Abuse, Neglect, or Exploitation of Elders or Adults with Disabilities
§ 22-46-1. Definition of terms
Terms used in this chapter mean:
(5) “Exploitation,” the wrongful taking or exercising of control over property of an elder or adult with a disability with intent to defraud the elder or adult with a disability;
(1) “Adult with a disability,” a person eighteen years of age or older who has a condition of intellectual disability, infirmities of aging as manifested by organic brain damage, advanced age, or other physical dysfunctioning to the extent that the person is unable to protect himself or herself or provide for his or her own care;
(3) “Elder,” a person sixty-five years of age or older;
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| Criminal Financial Exploitation
Tenn. Code Ann. § 39-15-501(6), (7) & (14) (2022)
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Title 39. Criminal Offenses
Chapter 15. Offenses Against the Family
Part 5. Elderly and Vulnerable Adults
§ 39-15-501. Part definitions.
As used in this part, unless the context otherwise requires:
(7) “Financial exploitation” means:
(A) The use of deception, intimidation, undue influence, force, or threat of force to obtain or exert unauthorized control over an elderly or vulnerable adult's property with the intent to deprive the elderly or vulnerable adult of property;
(B) The breach of a fiduciary duty to an elderly or vulnerable adult by the person's guardian, conservator, or agent under a power of attorney which results in an appropriation, sale, or transfer of the elderly or vulnerable adult's property; or
(C) The act of obtaining or exercising control over an elderly or vulnerable adult's property, without receiving the elderly or vulnerable adult's effective consent, by a caregiver committed with the intent to benefit the caregiver or other third party;
(6) “Elderly adult” means a person seventy (70) years of age or older;
(14) “Vulnerable adult” means a person eighteen (18) years of age or older who, because of intellectual disability or physical dysfunction, is unable to fully manage the person's own resources, carry out all or a portion of the activities of daily living, or fully protect against neglect, exploitation, or hazardous or abusive situations without assistance from others.
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| Criminal Financial Exploitation
Tex. Penal Code § 22.04(c)(1)-(3) (2022)
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Texas Penal Code
Title 5. Offenses Against the Person
Chapter 22. Assaultive Offenses
§ 22.04. Injury to a Child, Elderly Individual, or Disabled Individual
(c) In this section:
(1) “Child” means a person 14 years of age or younger.
(2) “Elderly individual” means a person 65 years of age or older.
(3) “Disabled individual” means a person:
(A) with one or more of the following:
(i) autism spectrum disorder, as defined by Section 1355.001, Insurance Code;
(ii) developmental disability, as defined by Section 112.042, Human Resources Code;
(iii) intellectual disability, as defined by Section 591.003, Health and Safety Code;
(iv) severe emotional disturbance, as defined by Section 261.001, Family Code;
(v) traumatic brain injury, as defined by Section 92.001, Health and Safety Code; or
(vi) mental illness, as defined by Section 571.003, Health and Safety Code; or
(B) who otherwise by reason of age or physical or mental disease, defect, or injury is substantially unable to protect the person's self from harm or to provide food, shelter, or medical care for the person's self.
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| Criminal Financial Exploitation
Tex. Penal Code § 32.53(a)(1) & (a)(2) (2022)
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Texas Penal Code
Title 7. Offenses Against Property
Chapter 32. Fraud
Subchapter D. Other Deceptive Practices
§ 32.53. Exploitation of Child, Elderly Individual, or Disabled Individual
(a) In this section:
(2) “Exploitation” means the illegal or improper use of a child, elderly individual, or disabled individual or of the resources of a child, elderly individual, or disabled individual for monetary or personal benefit, profit, or gain.
(1) “Child,” “elderly individual,” and “disabled individual” have the meanings assigned by Section 22.04.
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| Criminal Financial Exploitation
Texas Penal Code
§ 32.55 (2022)
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Title 7 Offenses Against Property
Chapter 32 Fraud
Subchapter D Other Deceptive Practices
§ 32.55 Financial Abuse of Elderly Individual.
(a) In this section:
(1) “Elderly individual” has the meaning assigned by Section 22.04.
(2) “Financial abuse” means the wrongful taking, appropriation, obtaining, retention, or use of, or assisting in the wrongful taking, appropriation, obtaining, retention, or use of, money or other property of another person by any means, including by exerting undue influence. The term includes financial exploitation.
(3) “Financial exploitation” means the wrongful taking, appropriation, obtaining, retention, or use of money or other property of another person by a person who has a relationship of confidence or trust with the other person. Financial exploitation may involve coercion, manipulation, threats, intimidation, misrepresentation, or the exerting of undue influence. The term includes:
(A) the breach of a fiduciary relationship, including the misuse of a durable power of attorney or the abuse of guardianship powers, that results in the unauthorized appropriation, sale, or transfer of another person’s property;
(B) the unauthorized taking of personal assets;
(C) the misappropriation, misuse, or unauthorized transfer of another person’s money from a personal or a joint account; and
(D) the knowing or intentional failure to effectively use another person’s income and assets for the necessities required for the person’s support and maintenance.
(b) For purposes of Subsection (a)(3), a person has a relationship of confidence or trust with another person if the person:
(1) is a parent, spouse, adult child, or other relative by blood or marriage of the other person;
(2) is a joint tenant or tenant in common with the other person;
(3) has a legal or fiduciary relationship with the other person;
(4) is a financial planner or investment professional who provides services to the other person; or
(5) is a paid or unpaid caregiver of the other person.
(c) A person commits an offense if the person knowingly engages in the financial abuse of an elderly individual.
(d) An offense under this section is:
(1) a Class B misdemeanor if the value of the property taken, appropriated, obtained, retained, or used is less than $100;
(2) a Class A misdemeanor if the value of the property taken, appropriated, obtained, retained, or used is $100 or more but less than $750;
(3) a state jail felony if the value of the property taken, appropriated, obtained, retained, or used is $750 or more but less than $2,500;
(4) a felony of the third degree if the value of the property taken, appropriated, obtained, retained, or used is $2,500 or more but less than $30,000;
(5) a felony of the second degree if the value of the property taken, appropriated, obtained, retained, or used is $30,000 or more but less than $150,000; and
(6) a felony of the first degree if the value of the property taken, appropriated, obtained, retained, or used is $150,000 or more.
(e) A person who is subject to prosecution under both this section and another section of this code may be prosecuted under either section or both sections.
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| Criminal Financial Exploitation
Utah Code Ann. § 76-5-111.4(1)(a)(x) & (2) (2022)
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Title 76. Utah Criminal Code
Chapter 5. Offenses Against the Person
Part 1. Assault and Related Offenses
§ 76-5-111.4 Financial exploitation of a vulnerable adult--Penalties
(2) An actor commits the offense of financial exploitation of a vulnerable adult if the actor:
(a) is in a position of trust and confidence, or has a business relationship, with the vulnerable adult or has undue influence over the vulnerable adult and knowingly, by deception or intimidation, obtains or uses, or endeavors to obtain or use, the vulnerable adult's funds, credit, assets, or other property with the intent to temporarily or permanently deprive the vulnerable adult of the use, benefit, or possession of the vulnerable adult's property, for the benefit of someone other than the vulnerable adult;
(b) knows or should know that the vulnerable adult lacks the capacity to consent, and obtains or uses, or endeavors to obtain or use, or assists another in obtaining or using or endeavoring to obtain or use, the vulnerable adult's funds, assets, or property with the intent to temporarily or permanently deprive the vulnerable adult of the use, benefit, or possession of the vulnerable adult's property for the benefit of someone other than the vulnerable adult;
(c) unjustly or improperly uses or manages the resources of a vulnerable adult for the profit or advantage of someone other than the vulnerable adult;
(d) unjustly or improperly uses a vulnerable adult's power of attorney or guardianship for the profit or advantage of someone other than the vulnerable adult; or
(e) involves a vulnerable adult who lacks the capacity to consent in the facilitation or furtherance of any criminal activity.
(1)(a) As used in this section: (x) “Vulnerable adult” means the same as that term is defined in Section 76-5-111.
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| Criminal Financial Exploitation
Utah Code Ann. § 76-5-111(1)(a)(vi), (f), (g), & (t) (2022)
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Title 76. Utah Criminal Code
Chapter 5. Offenses Against the Person
Part 1. Assault and Related Offenses
§ 76-5-111. Abuse, neglect, or exploitation of a vulnerable adult--Penalties
(1)(a) As used in this section:
(vi) “Exploitation” means an offense described in Section 76-5-111.3, 76-5-111.4, or 76-5b-202.
(1)(a) As used in this section:
(iv)(A) “Dependent adult” means an individual 18 years old or older, who has a physical or mental impairment that restricts the individual's ability to carry out normal activities or to protect the individual's rights.
(B) “Dependent adult” includes an individual who has physical or developmental disabilities or whose physical or mental capacity has substantially diminished because of age.
(v) “Elder adult” means an individual 65 years old or older.
(xiv) “Vulnerable adult” means an elder adult, or a dependent adult who has a mental or physical impairment which substantially affects that individual's ability to:
(A) provide personal protection;
(B) provide necessities such as food, shelter, clothing, or medical or other health care;
(C) obtain services necessary for health, safety, or welfare;
(D) carry out the activities of daily living;
(E) manage the adult's own resources; or
(F) comprehend the nature and consequences of remaining in a situation of abuse, neglect, or exploitation.
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| Criminal Financial Exploitation
Va. Code Ann. § 18.2-178.1(A) & (B) (2022)
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Title 18.2. Crimes and Offenses Generally
Chapter 6. Crimes Involving Fraud
Article 3. False Pretenses
§ 18.2-178.1. Financial exploitation of vulnerable adults; penalty
A. As used in this section, “vulnerable adult” means the same as that term is defined in § 18.2-369.
B. It is unlawful for any person who knows or should know that another person is a vulnerable adult to, through the use of that other person's impairment, take, obtain, or convert money or other thing of value belonging to that other person with the intent to permanently deprive him thereof. Any person who violates this section shall be deemed guilty of larceny.
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