Elder Abuse and Elder Financial Exploitation Statutes
Citation | Statute |
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Civil Elder Abuse
Alaska Stat. §§ 47.24.010 through 47.24.900 (2017) Alaska Stat. § 47.24.900 (2017) |
TITLE 38 Public Welfare In this chapter, (2) "abuse" means (8) "exploitation" (12) "neglect" means the intentional, knowing, or reckless failure by a caregiver to provide essential care or services or access to essential care or services or to carry out a prescribed treatment plan necessary to maintain the physical and mental health of the vulnerable adult when the vulnerable adult is unable to provide or obtain the essential care or services or to carry out the prescribed treatment plan on the vulnerable adult's own behalf; in this paragraph, "essential care or services" includes food, clothing, shelter, medical care, and supervision; |
Civil Elder Abuse
Tex. Hum. Res. Code §§ 48.001 through 48.408 (2017) Tex. Hum. Res. Code § 48.002 (2017) |
Human Resources Code Title 2 Human Services and Protective Services in General Subtitle D Department of Family and Protective Services; Child Welfare and Protective Services Chapter 48 Investigations and Protective Services for Elderly Persons and Persons with Disabilities Subchapter A General Provisions (2) "Abuse" means: (A) the negligent or wilful infliction of injury, unreasonable confinement, intimidation, or cruel punishment with resulting physical or emotional harm or pain to an elderly person or person with a disability by the person's caretaker, family member, or other individual who has an ongoing relationship with the person; or (B) sexual abuse of an elderly person or person with a disability, including any involuntary or nonconsensual sexual conduct that would constitute an offense under Section 21.08, Penal Code (indecent exposure) or Chapter 22, Penal Code (assaultive offenses), committed by the person's caretaker, family member, or other individual who has an ongoing relationship with the person. (3) "Exploitation" means the illegal or improper act or process of a caretaker, family member, or other individual who has an ongoing relationship with an elderly person or person with a disability that involves using, or attempting to use, the resources of the elderly person or person with a disability, including the person's social security number or other identifying information, for monetary or personal benefit, profit, or gain without the informed consent of the person. (4) "Neglect" means the failure to provide for one's self the goods or services, including medical services, which are necessary to avoid physical or emotional harm or pain or the failure of a caretaker to provide such goods or services. |
Criminal Elder Abuse
Minn. Stat. § 609.2336 |
Subdivision 1.Definitions. As used in this section: (2) "consumer fraud law violation" means a violation of sections 325F.68 to 325F.70; (3) "deceptive trade practices law violation" means a violation of sections 325D.43 to 325D.48; (4) "false advertising law violation" means a violation of section 325F.67; (5) "disabled person" means a person who has an impairment of physical or mental function or emotional status that substantially limits one or more major life activities; (6) "major life activities" means functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working; and (7) "senior citizen" means a person who is 65 years of age or older. Subd. 2.Crime. It is a gross misdemeanor for any person to commit a charitable solicitation law violation, a consumer fraud law violation, a deceptive trade practices law violation, or a false advertising law violation if the person knows or has reason to know that the person's conduct: (2) will cause or is likely to cause a disabled person or a senior citizen to suffer loss or encumbrance of a primary residence, principal employment or other major source of income, substantial loss of property set aside for retirement or for personal or family care and maintenance, substantial loss of pension, retirement plan, or government benefits, or substantial loss of other assets essential to the victim's health or welfare. Subd. 3.Prosecutorial jurisdiction. The attorney general has statewide jurisdiction to prosecute violations of this section. This jurisdiction is concurrent with that of the local prosecuting authority responsible for prosecuting gross misdemeanors in the place where the violation was committed. |
Criminal Elder Abuse
V.I. Code Ann. tit. 14 § 116 |
(a) Whenever a peace officer has reason to believe that a person has been abused or harassed or is in danger of being abused or harassed, such officer shall use all reasonable means to prevent further abuse or harassment. Peace officers shall make every reasonable effort to do the following as part of the emergency response: … |
Criminal Elder Abuse
45-6-333, MCA (2020) |
(1) A person commits the offense of exploitation of an older person, an incapacitated person, or a person with a developmental disability if the person: (a) purposely or knowingly obtains or uses or attempts to obtain or use an older person’s, incapacitated person’s, or developmentally disabled person’s funds, assets, or property with the intent to temporarily or permanently deprive the older person, incapacitated person, or developmentally disabled person of the use, benefit, or possession of funds, assets, or property or to benefit someone other than the older person, incapacitated person, or developmentally disabled person by means of deception, duress, menace, fraud, undue influence, or intimidation; and (b) (i) stands in a position of trust or confidence with the older person, incapacitated person, or developmentally disabled person; or (ii) has a business relationship with the older person, incapacitated person, or developmentally disabled person. (2) A person commits the offense of exploitation of an older person, an incapacitated person, or a person with a developmental disability if the person: (a) purposely or knowingly obtains personal identifying information of another person and uses that information for any unlawful purpose, including to obtain or attempt to obtain credit, goods, services, financial information, or medical information in the name of the other person without the consent of the other person; and (b) (i) stands in a position of trust or confidence with the older person, incapacitated person, or developmentally disabled person; or (ii) has a business relationship with the older person, incapacitated person, or developmentally disabled person. (3) A person convicted of the offense of exploitation of an older person, an incapacitated person, or a person with a developmental disability shall be fined an amount not to exceed $10,000 or be imprisoned in a state prison for a term not to exceed 10 years, or both. (4) As used in this section, the following definitions apply: (a) “Developmental disability” has the meaning provided in 53-20-102. (b) “Incapacitated person” has the meaning provided in 72-5-101. (c) “Older person” means a person who is 65 years of age or older. |
Criminal Elder Abuse
9 GCA Section 80.37.3 (2020) |
(a) Whoever commits or attempts to commit upon a vulnerable victim, a violent felony as defined in 9 GCA, § 80.70, or theft as a second degree or third degree felony under 9 GCA, § 43.15, § 43.20, § 43.30, § 43.35, § 43.40, § 43.45, § 43.50, § 43.55, or § 43.60, or crimes of forgery or fraudulent practices under 9 GCA, § 46.10, § 46.15, § 46.20, § 46.25, § 46.35, § 46.50, § 46.75, or § 46.80, shall, in addition to the sentence imposed for the commission of such felony, be imprisoned for a term of not less than five years nor more than twenty-five years, or shall, in addition to the sentence imposed for the commission of a misdemeanor or petty misdemeanor, be imprisoned for a term of not less than sixty days nor more than one year. (b) A sentence imposed under Subsection (a) of this Section for a felony shall include a special parole term of not less than three years nor more than five years, in addition to the term of imprisonment. No person convicted and sentenced under this Section for a felony shall be eligible for parole or probation until he serves at least five years in prison, or no person convicted and sentenced under this Section for a misdemeanor or petty misdemeanor shall be eligible for probation until he serves at least sixty days in jail or prison. (c) A vulnerable victim is defined as the following: (1) an elderly person or senior citizen who is fifty-five years old or older at the time of the crime committed upon him or her; (2) a child who is thirteen years old or younger at the time of the crime committed upon him or her; (3) a tourist or visitor (A) who is a citizen and resident of a country other than the United States, or its territories, and visiting Guam with a round-trip airline ticket for a duration of no more than forty-five days, or (B) who is a citizen or national or permanent resident of the United States, but is not a resident of Guam, and is visiting Guam with a round-trip airline ticket for a duration of no more than forty-five days; (4) an individual who at the time of the crime committed upon him or her has a physical or mental disability or disabilities, as defined in a provision of local or federal law, or as certified by a physician or mental health professional; or (5) any person who is a victim of a crime, as identified in this Act, committed by two or more individuals. |
Criminal Elder Abuse
Idaho Code Ann. § 18-1505A |
18-1505A. ABANDONING A VULNERABLE ADULT. (1) Any person who abandons a vulnerable adult, as that term is defined in section 18-1505, Idaho Code, in deliberate disregard of the vulnerable adult’s safety or welfare, regardless of whether the vulnerable adult suffered physical harm from the act of abandonment, shall be guilty of a felony and shall be imprisoned in the state prison for a period not in excess of five (5) years, or by a fine not exceeding five thousand dollars ($5,000), or by both such fine and imprisonment. It shall not be a defense to prosecution under the provisions of this section that the perpetrator lacked the financial ability or means to provide food, clothing, shelter or medical care reasonably necessary to sustain the life and health of a vulnerable adult. |
Criminal Elder Abuse
Va. Code Ann. § 18.2-369 |
A. It shall be unlawful for any responsible person to abuse or neglect any incapacitated adult as defined in this section. Any responsible person who abuses or neglects an incapacitated adult in violation of this section and the abuse or neglect does not result in serious bodily injury or disease to the incapacitated adult is guilty of a Class 1 misdemeanor. Any responsible person who is convicted of a second or subsequent offense under this subsection is guilty of a Class 6 felony. B. Any responsible person who abuses or neglects an incapacitated adult in violation of this section and the abuse or neglect results in serious bodily injury or disease to the incapacitated adult is guilty of a Class 4 felony. Any responsible person who abuses or neglects an incapacitated adult in violation of this section and the abuse or neglect results in the death of the incapacitated adult is guilty of a Class 3 felony. C. For purposes of this section: "Abuse" means (i) knowing and willful conduct that causes physical injury or pain or (ii) knowing and willful use of physical restraint, including confinement, as punishment, for convenience or as a substitute for treatment, except where such conduct or physical restraint, including confinement, is a part of care or treatment and is in furtherance of the health and safety of the incapacitated person. "Incapacitated adult" means any person 18 years of age or older who is impaired by reason of mental illness, intellectual disability, physical illness or disability, advanced age or other causes to the extent the adult lacks sufficient understanding or capacity to make, communicate or carry out reasonable decisions concerning his well-being. "Neglect" means the knowing and willful failure by a responsible person to provide treatment, care, goods or services which results in injury to the health or endangers the safety of an incapacitated adult. "Responsible person" means a person who has responsibility for the care, custody or control of an incapacitated person by operation of law or who has assumed such responsibility voluntarily, by contract or in fact. "Serious bodily injury or disease" shall include but not be limited to (i) disfigurement, (ii) a fracture, (iii) a severe burn or laceration, (iv) mutilation, (v) maiming, or (vi) life-threatening internal injuries or conditions, whether or not caused by trauma. D. No responsible person shall be in violation of this section whose conduct was (i) in accordance with the informed consent of the incapacitated person or a person authorized to consent on his behalf; (ii) in accordance with a declaration by the incapacitated person under the Health Care Decisions Act (§ 54.1-2981 et seq.) or with the provisions of a valid medical power of attorney; (iii) in accordance with the wishes of the incapacitated person or a person authorized to consent on behalf of the incapacitated person and in accord with the tenets and practices of a church or religious denomination; (iv) incident to necessary movement of, placement of or protection from harm to the incapacitated person; or (v) a bona fide, recognized or approved practice to provide medical care. 1992, c. 551; 1994, c. 620; 2000, c. 796; 2001, c. 181; 2004, c. 863; 2007, cc. 562, 653; 2012, cc. 476, 507. |
Criminal Elder Abuse
Vt. Stat. Ann. tit. 13 § 1377 |
(a) Except as provided in subsection (b) of this section, no person shall knowingly or recklessly: (1) cause or threaten to cause unnecessary or unlawful confinement or unnecessary or unlawful restraint of a vulnerable adult; or (2) administer or threaten to administer a drug, a substance, or electroconvulsive therapy to a vulnerable adult. (b) This section shall not apply if the confinement, restraint, administration, or threat is: (1) part of a legitimate and lawful medical or therapeutic treatment; or (2) lawful and reasonably necessary to protect the safety of the vulnerable adult or others, provided that less intrusive alternatives have been attempted if doing so would be reasonable under the circumstances. (c) A person who violates this section shall: (1) be imprisoned not more than two years or fined not more than $10,000.00, or both. (2) if the violation causes bodily injury, be imprisoned not more than three years or fined not more than $10,000.00, or both. (3) if the violation causes serious bodily injury, be imprisoned not more than 15 years or fined not more than $10,000.00, or both. (Added 2005, No. 79, § 2.) |
Criminal Elder Abuse
Conn. Gen. Stat. § 53a-321 |
(a) A person is guilty of abuse in the first degree when such person intentionally commits abuse of an elderly, blind or disabled person or a person with intellectual disability and causes serious physical injury to such elderly, blind or disabled person or person with intellectual disability. (b) Abuse in the first degree is a class C felony. |
Criminal Elder Abuse
Conn. Gen. Stat. § 53a-322 |
(a) A person is guilty of abuse in the second degree when such person: (1) Intentionally commits abuse of an elderly, blind or disabled person or a person with intellectual disability and causes physical injury to such elderly, blind or disabled person or person with intellectual disability, or (2) knowingly commits abuse of an elderly, blind or disabled person or a person with intellectual disability and causes serious physical injury to such elderly, blind or disabled person or person with intellectual disability. (b) Abuse in the second degree is a class D felony. |
Criminal Elder Abuse
Conn. Gen. Stat. § 53a-323 |
(a) A person is guilty of abuse in the third degree when such person (1) knowingly commits abuse of an elderly, blind or disabled person or a person with intellectual disability and causes physical injury to such elderly, blind or disabled person or person with intellectual disability, or (2) recklessly commits abuse of an elderly, blind or disabled person or a person with intellectual disability and causes physical injury to such elderly, blind or disabled person or person with intellectual disability. (b) Abuse in the third degree is a class A misdemeanor. |
Criminal Elder Abuse
S.C. Code Ann. § 16-3-1050(B) |
(B) Except as otherwise provided in subsections (E) and (F), a person who knowingly and wilfully abuses a vulnerable adult is guilty of a felony and, upon conviction, must be imprisoned not more than five years |
Criminal Elder Abuse
Mo. Rev. Stat. § 565.184 |
1. A person commits the offense of abuse of an elderly person, a person with a disability, or a vulnerable person if he or she: (1) Purposely engages in conduct involving more than one incident that causes emotional distress to an elderly person, a person with a disability, or a vulnerable person. The course of conduct shall be such as would cause a reasonable elderly person, person with a disability, or vulnerable person to suffer substantial emotional distress; or (2) Intentionally fails to provide care, goods or services to an elderly person, a person with a disability, or a vulnerable person. The result of the conduct shall be such as would cause a reasonable elderly person, person with a disability, or vulnerable person to suffer physical or emotional distress; or (3) Knowingly acts or knowingly fails to act in a manner which results in a substantial risk to the life, body or health of an elderly person, a person with a disability, or a vulnerable person. 2. The offense of abuse of an elderly person, a person with a disability, or a vulnerable person is a class A misdemeanor. Nothing in this section shall be construed to mean that an elderly person, a person with a disability, or a vulnerable person is abused solely because such person chooses to rely on spiritual means through prayer, in lieu of medical care, for his or her health care, as evidence by such person's explicit consent, advance directive for health care, or practice. (L. 1992 S.B. 573 & 634 § 3, A.L. 2007 S.B. 3, A.L. 2014 S.B. 491) Effective 1-01-17 |
Criminal Elder Abuse
Wis. Stat. § 940.285 |
(1) Definitions. In this section: |
Criminal Elder Abuse
S.C. Code Ann. § 16-3-1050(E) |
(E) A person who knowingly and wilfully abuses or neglects a vulnerable adult resulting in great bodily injury is guilty of a felony and, upon conviction, must be imprisoned not more than fifteen years. |
Criminal Elder Abuse
S.D. Codified Laws § 22-46-2 |
Any person who physically abuses or neglects an elder or adult with a disability in a manner which does not constitute aggravated assault is guilty of a Class 6 felony. … |
Criminal Elder Abuse
Neb. Rev. Stat. § 28-351. |
Abuse means any knowing or intentional act on the part of a caregiver or any other person which results in physical injury, unreasonable confinement, cruel punishment, sexual abuse, or sexual exploitation of a vulnerable adult. |
Criminal Elder Abuse
Idaho Code Ann. § 18-1505 |
18-1505. ABUSE, EXPLOITATION OR NEGLECT OF A VULNERABLE ADULT. (1) Any person who abuses or neglects a vulnerable adult under circumstances likely to produce great bodily harm or death is guilty of a felony punishable by imprisonment for not more than ten (10) years and not more than a twenty-five thousand dollar ($25,000) fine. |
Criminal Elder Abuse
Wyo. Stat. Ann. § 6-2-507 |
(a) Except under circumstances constituting a violation of W.S. 6 2 502, a person is guilty of abuse, neglect, abandonment or exploitation of a vulnerable adult if the person intentionally or recklessly abuses, neglects, abandons, intimidates or exploits a vulnerable adult. (b) Reckless abuse, neglect, abandonment, intimidation or exploitation of a vulnerable adult is a misdemeanor, punishable by not more than one (1) year in jail, a fine of one thousand dollars ($1,000.00), or both, and registration of the offender's name on the central registry. (c) Intentional abuse, neglect or abandonment of a vulnerable adult is a felony punishable by not more than ten (10) years in prison, a fine of not more than ten thousand dollars ($10,000.00), or both, and registration of the offender’s name on the central registry. (d) Exploitation of a vulnerable adult is a felony punishable by not more than ten (10) years in prison, a fine of not more than ten thousand dollars ($10,000.00), or both, and registration of the offender’s name on the central registry. (e) As used in this section: (i) "Abandonment" means as defined in W.S. 35 20 102(a)(i); (ii) "Abuse" means as defined in W.S. 35 20 102(a)(ii); (iii) "Caregiver" means as defined in W.S. 35 20 102(a)(iv); (iv) "Central registry" means the registry established under W.S. 35 20 115; (v) "Exploitation" means as defined in W.S. 35 20 102(a)(ix); (vi) "Neglect" means as defined in W.S. 35 20 102(a)(xi); (vii) "Vulnerable adult" means as defined in W.S. 35 20 102(a)(xviii). |
Criminal Elder Abuse
Vt. Stat. Ann. tit. 13 § 1376 |
(a) A person who engages in conduct with an intent or reckless disregard that the conduct is likely to cause unnecessary harm, unnecessary pain, or unnecessary suffering to a vulnerable adult shall be imprisoned not more than one year or fined not more than $1,000.00, or both. (b) A person who commits an assault, as defined in section 1023 of this title, with actual or constructive knowledge that the victim is a vulnerable adult, shall be imprisoned for not more than two years or fined not more than $2,000.00, or both. (c) A person who commits an aggravated assault as defined in subdivision 1024(a)(1) or (2) of this title with actual or constructive knowledge that the victim is a vulnerable adult shall be imprisoned not more than 20 years or fined not more than $10,000.00, or both. (Added 2005, No. 79, § 2.) |
Criminal Elder Abuse
R.I. Gen. Laws § 11-5-12 |
(1) "Abuse" means the subjection of an adult with a severe impairment to willful infliction of physical pain, willful deprivation of services necessary to maintain the physical or mental health of the person, or unreasonable confinement. (2) "Adult with severe impairments" means a person over the age of eighteen (18) who has a disability which is attributable to a mental or physical impairment or combination of mental and physical impairments and results in substantial functional limitations in one or more of the following areas of major life activity: (i) mobility; (ii) self-care; (iii) communication; (iv) receptive and/or expressive language; (v) learning; (vi) self-direction; (vii) capacity for independent living; or (viii) economic self-sufficiency. (3) "Exploitation" means an act or process of taking pecuniary advantage of impaired persons by use of undue influence, harassment, duress, deception, false representation, false pretenses, or misappropriation of funds. (4) "Neglect" means the willful refusal to provide services necessary to maintain the physical or mental health of an adult with severe impairments. (5) "Person primarily responsible for care" or "caregiver" means any person who is for a significant period of time the primary caregiver or is primarily responsible for the management of the funds of an adult with severe impairments. (c) Violations of this section shall be reported to the local police department. (d) After July 1, 2007 pursuant to § 40-8.5-2, the local police department may request the department of behavioral healthcare, developmental disabilities and hospitals provide crisis intervention services for the adult victim with severe impairments when: (1) necessary to ensure the immediate health and safety of the adult victim; (2) the adult victim relies on the person believed to have committed the abuse, neglect and/or exploitation, for assistance in performing three (3) or more major life activities; and (3) After the victim is informed of his or her right to refuse crisis intervention and/or supportive services. (e) Any person who fails to report known or suspected abuse or neglect shall be guilty of a misdemeanor and upon conviction shall be subject to a fine of not more than five hundred dollars ($500). (f) Nothing in this section shall be interpreted to apply to the discontinuance of life-support systems or life-sustaining treatment for an adult for whom, if the treatment were terminated, death may result. (g) Any person participating in good faith in making a report pursuant to this chapter, excluding any perpetrator or conspirator of the acts, shall have immunity from any civil liability that might otherwise be incurred or imposed. (h) Nothing in this section shall be interpreted to prohibit the use of any medical or psychological treatment procedure designed and conducted in accordance with applicable professional standards when performed by appropriately trained personnel under the supervision of a person or facility licensed or approved by the state of Rhode Island and when any consent as is required by law has been obtained. (i) Nothing in this chapter shall be construed to mean a person is abused or neglected for the sole reason that the person is being furnished or relies upon treatment by spiritual means through prayer alone in accordance with the tenets and practices of a church or religious denomination recognized by the laws of this state. (j) Nothing in this chapter shall be construed to mean a person is abused or neglected when the parent or legal guardian of an adult with severe impairments, who is the person primarily responsible for care of the adult, (1) decides, in good faith, not to accept support services from a governmental agency, which in the opinion of the parent or legal guardian and the adult, is considered to be inappropriate or inconsistent with the best interests of that adult; or (2) decides, in good faith, to reduce or discontinue assistance to that adult who is developing, acquiring or practicing independent decision-making or living skills. |
Criminal Elder Abuse
Utah Code § 76-5-111 |
(1) As used in this section:
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Criminal Elder Abuse
S.C. Code Ann. § 16-3-1050(F) |
(F) A person who knowingly and wilfully abuses or neglects a vulnerable adult resulting in death is guilty of a felony and, upon conviction, must be imprisoned not more than thirty years. |
Criminal Elder Abuse
720 Ill. Comp. Stat. 5/12-2(b)(1) |
(b) Offense based on status of victim. A person commits aggravated assault when, in committing an assault, he or she knows the individual assaulted to be any of the following: … |