Elder Abuse and Elder Financial Exploitation Statutes

As used in NRS 200.5091 to 200.50995, inclusive, unless the context otherwise requires:

      1. “Abandonment” means:

      (a) Desertion of an older person or a vulnerable person in an unsafe manner by a caretaker or other person with a legal duty of care; or

      (b) Withdrawal of necessary assistance owed to an older person or a vulnerable person by a caretaker or other person with an obligation to provide services to the older person or vulnerable person.

      2. “Abuse” means willful:

      (a) Infliction of pain or injury on an older person or a vulnerable person;

      (b) Deprivation of food, shelter, clothing or services which are necessary to maintain the physical or mental health of an older person or a vulnerable person;

      (c) Infliction of psychological or emotional anguish, pain or distress on an older person or a vulnerable person through any act, including, without limitation:

             (1) Threatening, controlling or socially isolating the older person or vulnerable person;

             (2) Disregarding the needs of the older person or vulnerable person; or

             (3) Harming, damaging or destroying any property of the older person or vulnerable person, including, without limitation, pets;

      (d) Nonconsensual sexual contact with an older person or a vulnerable person, including, without limitation:

             (1) An act that the older person or vulnerable person is unable to understand or to which the older person or vulnerable person is unable to communicate his or her objection; or

             (2) Intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh or buttocks of the older person or vulnerable person; or

      (e) Permitting any of the acts described in paragraphs (a) to (d), inclusive, to be committed against an older person or a vulnerable person.

      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

      (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.

Ê As used in this subsection, “undue influence” means the improper use of power or trust in a way that deprives a person of his or her free will and substitutes the objectives of another person. The term does not include the normal influence that one member of a family has over another.

      4. “Isolation” means preventing an older person or a vulnerable person from having contact with another person by:

      (a) Intentionally preventing the older person or vulnerable person from receiving visitors, mail or telephone calls, including, without limitation, communicating to a person who comes to visit the older person or vulnerable person or a person who telephones the older person or vulnerable person that the older person or vulnerable person is not present or does not want to meet with or talk to the visitor or caller knowing that the statement is false, contrary to the express wishes of the older person or vulnerable person and intended to prevent the older person or vulnerable person from having contact with the visitor;

      (b) Physically restraining the older person or vulnerable person to prevent the older person or vulnerable person from meeting with a person who comes to visit the older person or vulnerable person; or

      (c) Permitting any of the acts described in paragraphs (a) and (b) to be committed against an older person or a vulnerable person.

Ê The term does not include an act intended to protect the property or physical or mental welfare of the older person or vulnerable person or an act performed pursuant to the instructions of a physician of the older person or vulnerable person.

      5. “Neglect” means the failure of a person or a manager of a facility who has assumed legal responsibility or a contractual obligation for caring for an older person or a vulnerable person or who has voluntarily assumed responsibility for his or her care to provide food, shelter, clothing or services which are necessary to maintain the physical or mental health of the older person or vulnerable person.

      6. “Older person” means a person who is 60 years of age or older.

      7. “Protective services” means services the purpose of which is to prevent and remedy the abuse, neglect, exploitation, isolation and abandonment of older persons. The services may include:

      (a) The investigation, evaluation, counseling, arrangement and referral for other services and assistance; and

      (b) Services provided to an older person or a vulnerable person who is unable to provide for his or her own needs.

      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.

      (Added to NRS by 1981, 1334; A 1983, 1359, 1652; 1995, 2250; 1997, 1348; 1999, 3517; 2003, 491; 2005, 1108; 2015, 804)

Sec. 145m.

As used in this chapter:

(a) “Adult foster care facility” means that term as defined in section 3 of the adult foster care facility licensing act, MCL 400.703.

(b) “Adult foster care facility licensing act” means 1979 PA 218, MCL 400.701 to 400.737.

(c) “Caregiver” means an individual who directly cares for or has physical custody of a vulnerable adult.

(d) “Developmental disability” means that term as defined in section 500 of the mental health code, MCL 330.1500.

(e) “Facility” means an adult foster care facility, a home for the aged, or a nursing home.

(f) “Home for the aged” means that term as defined in section 20106 of the public health code, MCL 333.20106.

(g) “Licensee” means that term as defined in section 5 of the adult foster care facility licensing act, MCL 400.705, or as defined in section 20108 of the public health code, MCL 333.20108. Licensee does not include a hospital, as that term is defined in section 20106 of the public health code, MCL 333.20106, except that part of a hospital that is a hospital long-term care unit, as that term is defined in section 20106 of the public health code, MCL 333.20106.

(h) “Mental health code” means 1974 PA 258, MCL 330.1001 to 330.2106.

(i) “Mental illness” means that term as defined in section 400 of the mental health code, MCL 330.1400.

(j) “Nursing home” means that term as defined in section 20109 of the public health code, MCL 333.20109 and a hospital long-term care unit as defined in section 20106 of the public health code, MCL 333.20106.

(k) “Other person with authority over a vulnerable adult” includes, but is not limited to, a person with authority over a vulnerable adult in that part of a hospital that is a hospital long-term care unit, but does not include a person with authority over a vulnerable adult in that part of a hospital that is not a hospital long-term care unit. As used in this subdivision, “hospital” and “hospital long-term care unit” mean those terms as defined in section 20106 of the public health code, MCL 333.20106.

(l) “Part 213, 215, or 217 of the public health code” means MCL 333.21301 to 333.21333, 333.21501 to 333.21568, and 333.21701 to 333.21799e.

(m) “Personal care” means assistance with eating, dressing, personal hygiene, grooming, or maintenance of a medication schedule as directed and supervised by a vulnerable adult's physician.

(n) “Physical harm” means any injury to a vulnerable adult's physical condition.

(o) “Public health code” means 1978 PA 368, MCL 333.1101 to 333.25211.

(p) “Reckless act or reckless failure to act” means conduct that demonstrates a deliberate disregard of the likelihood that the natural tendency of the act or failure to act is to cause physical harm, serious physical harm, or serious mental harm.

(q) “Resident” means an individual who resides in a facility.

(r) “Serious physical harm” means a physical injury that threatens the life of a vulnerable adult, that causes substantial bodily disfigurement, or that seriously impairs the functioning or well-being of the vulnerable adult.

(s) “Serious mental harm” means a mental injury that results in a substantial alteration of mental functioning that is manifested in a visibly demonstrable manner.

(t) “Social welfare act” means 1939 PA 280, MCL 400.1 to 400.119b.

(u) “Vulnerable adult” means 1 or more of the following:

(i) An individual age 18 or over who, because of age, developmental disability, mental illness, or physical disability requires supervision or personal care or lacks the personal and social skills required to live independently.

(ii) An adult as defined in section 3(1)(b) of the adult foster care facility licensing act, MCL 400.703.

(iii) An adult as defined in section 11(b) of the social welfare act, MCL 400.11.

History: Add. 1994, Act 149, Eff. Oct. 1, 1994 ;-- Am. 1998, Act 38, Imd. Eff. Mar. 18, 1998

4. “Dependent adult” means a person eighteen years of age or older who is unable
to protect the person’s own interests or unable to adequately perform or obtain services
necessary to meet essential human needs, as a result of a physical or mental condition which
requires assistance from another, or as defined by departmental rule

1.  Charges of dependent adult abuse may be initiated upon complaint of private individuals or as a result of investigations by social service agencies or on the direct initiative of a county attorney or law enforcement agency.

2.  A caretaker who intentionally commits dependent adult abuse on a dependent adult in violation of this chapter is guilty of a class “C” felony if the intentional dependent adult abuse results in serious injury.

3.  A caretaker who recklessly commits dependent adult abuse on a dependent adult in violation of this chapter is guilty of a class “D” felony if the reckless dependent adult abuse results in serious injury.

4.  A caretaker who intentionally commits dependent adult abuse on a dependent adult in violation of this chapter is guilty of a class “C” felony if the intentional dependent adult abuse results in physical injury.

5.  A caretaker who commits dependent adult abuse by exploiting a dependent adult in violation of this chapter is guilty of a class “D” felony if the value of the property, assets, or resources exceeds one hundred dollars.

6.  A caretaker who recklessly commits dependent adult abuse on a person in violation of this chapter is guilty of an aggravated misdemeanor if the reckless dependent adult abuse results in physical injury.

7.  A caretaker who otherwise intentionally or knowingly commits dependent adult abuse upon a dependent adult in violation of this chapter is guilty of a serious misdemeanor.

8.  A caretaker who commits dependent adult abuse by exploiting a dependent adult in violation of this chapter is guilty of a simple misdemeanor if the value of the property, assets, or resources is one hundred dollars or less.

9.  A caretaker alleged to have committed a violation of this chapter shall be charged with the respective offense cited, unless a charge may be brought based upon a more serious offense, in which case the charge of the more serious offense shall supersede the less serious charge.

96 Acts, ch 1130, §10; 2009 Acts, ch 107, §4

Referred to in §235E.4

The Director of Administration shall make available under or unutilized government housing to elderly persons, welfare recipients or persons requiring emergency housing at a rent less than the fair market value and at rates calculated to be within the means of those offered such housing. Only those persons certified by the Department of Public Health and Social Services to be eligible for such housing shall be offered such available units by the Director of Administration.

Subdivision 1.Crime. Whoever does any of the following in a public or private place, including on a school bus, knowing, or having reasonable grounds to know that it will, or will tend to, alarm, anger or disturb others or provoke an assault or breach of the peace, is guilty of disorderly conduct, which is a misdemeanor:
(1) engages in brawling or fighting; or

(2) disturbs an assembly or meeting, not unlawful in its character; or

(3) engages in offensive, obscene, abusive, boisterous, or noisy conduct or in offensive, obscene, or abusive language tending reasonably to arouse alarm, anger, or resentment in others.

A person does not violate this section if the person's disorderly conduct was caused by an epileptic seizure.

Subd. 2. [Repealed, 1969 c 226 s 1]
Subd. 3.Caregiver; penalty for disorderly conduct. A caregiver, as defined in section 609.232, who violates the provisions of subdivision 1 against a vulnerable adult, as defined in section 609.232, may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both.
History: 1963 c 753 art 1 s 609.72; 1967 c 242 s 1; 1971 c 23 s 71; 1988 c 689 art 2 s 236; 1991 c 279 s 34; 1994 c 636 art 2 s 46; 1995 c 229 art 2 s 7

(a)        Abuse. - A person is guilty of abuse if that person is a caretaker of a disabled or elder adult who is residing in a domestic setting and, with malice aforethought, knowingly and willfully: (i) assaults, (ii) fails to provide medical or hygienic care, or (iii) confines or restrains the disabled or elder adult in a place or under a condition that is cruel or unsafe, and as a result of the act or failure to act the disabled or elder adult suffers mental or physical injury.

If the disabled or elder adult suffers serious injury from the abuse, the caretaker is guilty of a Class F felony. If the disabled or elder adult suffers injury from the abuse, the caretaker is guilty of a Class H felony.

A person is not guilty of an offense under this subsection if the act or failure to act is in accordance with G.S. 90-321 or G.S. 90-322.

(b)        Neglect. - A person is guilty of neglect if that person is a caretaker of a disabled or elder adult who is residing in a domestic setting and, wantonly, recklessly, or with gross carelessness: (i) fails to provide medical or hygienic care, or (ii) confines or restrains the disabled or elder adult in a place or under a condition that is unsafe, and as a result of the act or failure to act the disabled or elder adult suffers mental or physical injury.

If the disabled or elder adult suffers serious injury from the neglect, the caretaker is guilty of a Class G felony. If the disabled or elder adult suffers injury from the neglect, the caretaker is guilty of a Class I felony.

A person is not guilty of an offense under this subsection if the act or failure to act is in accordance with G.S. 90-321 or G.S. 90-322.

(c)        Repealed by Session Laws 2005-272, s. 1, effective December 1, 2005, and applicable to offenses committed on or after that date.

(d)       Definitions. - The following definitions apply in this section:

(1)        Caretaker. - A person who has the responsibility for the care of a disabled or elder adult as a result of family relationship or who has assumed the responsibility for the care of a disabled or elder adult voluntarily or by contract.

(2)        Disabled adult. - A person 18 years of age or older or a lawfully emancipated minor who is present in the State of North Carolina and who is physically or mentally incapacitated as defined in G.S. 108A-101(d).

(3)        Domestic setting. - Residence in any residential setting except for a health care facility or residential care facility as these terms are defined in G.S. 14-32.2.

(4)        Elder adult. - A person 60 years of age or older who is not able to provide for the social, medical, psychiatric, psychological, financial, or legal services necessary to safeguard the person's rights and resources and to maintain the person's physical and mental well-being. (1995, c. 246, s. 1; 1995 (Reg. Sess., 1996), c. 742, s. 9; 2005-272, s. 1.)

The Office shall have the following duties and functions, in addition to any others established in this chapter:(a)  To conduct and promote studies and research, as well as collect and analyze statistics concerning the situation of the elderly; analyze the factors that affect the rights of the elderly in all aspects of their social, political, economic, educational, cultural, and civic life, as well as their participation in matters of education and training, health, employment, empowerment, economic development and, in general, in the exercise of their civil, political, social, and cultural rights, including their participation in the decision-making process at all levels, among others.
(b)  To oversee compliance with the public policy established by this chapter, ensure that the rights of the elderly are protected, and ascertain that public agencies comply with and adopt affirmative or corrective action programs, promote incorporation of said programs by private entities, as well as evaluate existing programs, in order to attain the integration of the elderly and to promote their participation.
(c)  To file, at its discretion, with the courts, administrative forums and instrumentalities, and political subdivisions of the Commonwealth of Puerto Rico, on its own motion or on behalf of an interested party, whether it be elderly persons, individually or as a class, any action deemed pertinent to address violations of the public policy established in this chapter. The Office shall be exempt from the payment and cancellation of any kind of stamps, fees, and duties required for filing and processing any writ, action, or proceeding, or to obtain copies of any document under the consideration of the courts of justice and the administrative agencies of the Commonwealth of Puerto Rico.
(d)  To continuously review and evaluate the activities carried out by public agencies and private entities to prevent violations of the rights of the elderly and to enable systematic processes of consultation with private entities and nongovernmental organizations concerned with the elderly, in order to ensure that the activities of the Office respond at all times to the needs, demands, and aspirations of the elderly population of Puerto Rico.
(e)  To further actions that contribute to solving the problem of elderly abuse in all its manifestations.
(f)  To consider the effect that new events might have on the methods used in the promotion and upholding of the rights of the elderly, and provide for the implementation of the appropriate corrective action.
(g)  To cooperate and establish networks to share information and experience with private entities and nongovernmental organizations concerned with the elderly in Puerto Rico and abroad, as well as with Commonwealth, municipal, and federal agencies engaged in the protection and promotion of the rights of the elderly.
(h)  To review and analyze international agreements, rules, and guidelines regarding the rights of the elderly, and investigate specific disputes insofar as they shed light on general issues, and recommend remedies geared toward guaranteeing the participation of the elderly in all aspects of the social, educational, recreational, political, economic, and cultural life.
(i)  To introduce legislation as deemed pertinent for the effective implementation of the public policy established in this chapter and the rights that the Constitution of the United States of America, the Constitution of the Commonwealth of Puerto Rico, and federal and local laws recognize for the elderly, as well as to procure that the public policy, the initiatives, the statements, and the projects specifically geared toward the elderly be evaluated and implemented with a vision of integration and respect.
(j)  To coordinate community education efforts on the rights of the elderly and on elderly-related matters; it may also conduct, throughout the island, awareness, orientation, and education campaigns on the problems that afflict the elderly.
(k)  To keep an updated online or printed catalogue or handbook on all programs, benefits, services, activities, and facilities available to the elderly in public agencies, as well as in private nonprofit entities. Such catalogue shall include and comprise a summary with citations of the Commonwealth and federal laws, regulations, orders, and rules regarding services and programs for the elderly.
For purposes of this subsection, the Office shall charge a reasonable fee to any citizen, other than senior citizens, who requests a printed copy of this catalogue or handbook. Said fee shall be fixed for the sole purpose of recovering the expenses incurred in the reproduction of said handbook or catalogue.
(l)  Any other function necessary to comply with this chapter.

The Bureau shall:
(a) Receive on a twenty-four (24) hour, seven (7) days a week basis all reports, both oral and written, of suspected elderly or adult with a disability abuse in accordance with this Article and the regulations of the Department.
(b) Investigate and evaluate the information in the reports, either through its own investigators or through investigators of other authorized agencies.
(1) The investigation and evaluation shall be made within twenty-four (24) hours if the Bureau has reasonable cause to believe the adult's health or safety is in imminent danger from further abuse, and within seven (7) days for all other such reports.
(2) The investigation shall include a visit to the facility or residence, an interview with the adult allegedly abused, a determination of the nature, extent and cause or causes of the abuse, the identity of the person or persons responsible for the abuse, and all other pertinent facts.
(3) The investigation shall be completed within thirty (30) days.
(4) If the investigating social worker of the Bureau or other authorized investigating agency determines that it is appropriate, the social worker may request a law enforcement officer to accompany and assist the worker in the investigation.
(5) No social worker of the Bureau or other authorized investigating agency shall enter the home of any individual pursuant to the provisions of this Article without the consent of the individual, unless authorized pursuant to Subsection (c) of § 2957 of this Article.
(c) Determine within sixty (60) days whether the report is substantiated or unsubstantiated.
(1) If the assessment results in determination that the elderly or adult with a disability has suffered serious abuse as defined in § 2951, report such determination to the Attorney General within forty-eight (48) hours.
(2) The Attorney General shall investigate and decide whether to initiate criminal proceedings.
(d) Develop a coordinated system of protective services to prevent further abuses to adults and to provide or arrange for and monitor the provision of those services necessary to safeguard and ensure the adult's well-being and development, and preserve and stabilize family life wherever appropriate.
(e) Make available, among its services for the prevention and treatment of elderly and adult with a disability abuse, through authorized individuals and through inter-agency and intra-agency assistance and cooperation, instruction in caring for elderly and adults with a disability, protective and preventive social care, and emergency shelter care.
(f) Appoint a Multi-Disciplinary Team (MDT) for the purpose of providing case consultation, interagency treatment strategies and collaborative planning to address complex cases and service gaps involving an elderly or adult with a disability who is a victim of abuse and/or neglect.
(1) The MDT may include, but is not limited to, a Bureau of Adult Protective Services social worker, a representative of a law enforcement agency, Guam Police Department, the medical profession, a mental health agency, the hospital, the public guardian, a representative of any private or government social service agency or advocacy office, Guam Legal Services Corporation, and a representative of the Mayors' Council of Guam.
(2) The MDT shall document all actions and efforts in addressing the needs of the client.
(g) Functions of the Bureau are subject to the appropriation of funding and allocation of personnel sufficient to carry out the operations of the Bureau.

(a) A person commits the crime of elder abuse and neglect in the first degree if he or she intentionally abuses or neglects any elderly person and the abuse or neglect causes serious physical injury to the elderly person.

(b) Elder abuse and neglect in the first degree is a Class A felony.

(a) A person commits the crime of elder abuse and neglect in the second degree if he or she does any of the following:

(1) Intentionally abuses or neglects any elderly person and the abuse or neglect causes physical injury to the elderly person.

(2) Recklessly abuses or neglects any elderly person and the abuse or neglect causes serious physical injury to the elderly person.

(3) Recklessly abuses or neglects or emotionally abuses any elderly person having been previously convicted of elder abuse and neglect in the third degree in any court.

(b) Elder abuse and neglect in the second degree is a Class B felony.

(a) A person commits the crime of elder abuse and neglect in the third degree if he or she does any of the following:

(1) Recklessly abuses or neglects any elderly person and the abuse or neglect causes physical injury.

(2) Recklessly emotionally abuses any elderly person.

(b) Elder abuse and neglect in the third degree is a Class A misdemeanor.

(1) A person who as the agent, servant, or employee of another person, governmental entity within this state, or other legal entity or who as the trustee, bailee, or custodian of the property of another person, governmental entity within this state, or other legal entity fraudulently disposes of or converts to his or her own use, or takes or secretes with the intent to convert to his or her own use without the consent of his or her principal, any money or other personal property of his or her principal that has come to that person's possession or that is under his or her charge or control by virtue of his or her being an agent, servant, employee, trustee, bailee, or custodian, is guilty of embezzlement.

(2) If the money or personal property embezzled has a value of less than $200.00, the person is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00 or 3 times the value of the money or property embezzled, whichever is greater, or both imprisonment and a fine.

(3) If any of the following apply, the person is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $2,000.00 or 3 times the value of the money or property embezzled, whichever is greater, or both imprisonment and a fine:

(a) The money or personal property embezzled has a value of $200.00 or more but less than $1,000.00.

(b) The person violates subsection (2) and has 1 or more prior convictions for committing or attempting to commit an offense under this section or a local ordinance substantially corresponding to this section.

(c) The person violates subsection (2) and the victim is a nonprofit corporation or charitable organization under federal law or the laws of this state.

(4) If any of the following apply, the person is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $10,000.00 or 3 times the value of the money or property embezzled, whichever is greater, or both imprisonment and a fine:

(a) The money or personal property embezzled has a value of $1,000.00 or more but less than $20,000.00.

(b) The person violates subsection (3)(a) or (c) and has 1 or more prior convictions for committing or attempting to commit an offense under this section. For purposes of this subdivision, however, a prior conviction does not include a conviction for a violation or attempted violation of subsection (2) or (3)(b).

(c) The person violates subsection (3)(a) and the victim is a nonprofit corporation or charitable organization under federal law or the laws of this state.

(5) If any of the following apply, the person is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $15,000.00 or 3 times the value of the money or property embezzled, whichever is greater, or both imprisonment and a fine:

(a) The money or personal property embezzled has a value of $20,000.00 or more but less than $50,000.00.

(b) The person violates subsection (4)(a) or (c) and has 2 or more prior convictions for committing or attempting to commit an offense under this section. For purposes of this subdivision, however, a prior conviction does not include a conviction for a violation or attempted violation of subsection (2) or (3)(b).

(c) The person violates subsection (4)(a) and the victim is a nonprofit corporation or charitable organization under federal law or the laws of this state.

(6) If the money or personal property embezzled has a value of $50,000.00 or more but less than $100,000.00, the person is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not more than $25,000.00 or 3 times the value of the money or property embezzled, whichever is greater, or both imprisonment and a fine.

(7) If the money or personal property embezzled has a value of $100,000.00 or more, the person is guilty of a felony punishable by imprisonment for not more than 20 years or a fine of not more than $50,000.00 or 3 times the value of the money or property embezzled, whichever is greater, or both imprisonment and a fine.

(8) Except as otherwise provided in this subsection, the values of money or personal property embezzled in separate incidents pursuant to a scheme or course of conduct within any 12-month period may be aggregated to determine the total value of money or personal property embezzled. If the scheme or course of conduct is directed against only 1 person, governmental entity within this state, or other legal entity, no time limit applies to aggregation under this subsection.

(9) If the prosecuting attorney intends to seek an enhanced sentence based upon the defendant having 1 or more prior convictions, the prosecuting attorney shall include on the complaint and information a statement listing the prior conviction or convictions. The existence of the defendant's prior conviction or convictions shall be determined by the court, without a jury, at sentencing or at a separate hearing for that purpose before sentencing. The existence of a prior conviction may be established by any evidence relevant for that purpose, including, but not limited to, 1 or more of the following:

(a) A copy of the judgment of conviction.

(b) A transcript of a prior trial, plea-taking, or sentencing.

(c) Information contained in a presentence report.

(d) The defendant's statement.

(10) In a prosecution under this section, the failure, neglect, or refusal of the agent, servant, employee, trustee, bailee, or custodian to pay, deliver, or refund to his or her principal the money or property entrusted to his or her care upon demand is prima facie proof of intent to embezzle.

(11) If the sentence for a conviction under this section is enhanced by 1 or more prior convictions, those prior convictions shall not be used to further enhance the sentence for the conviction under section 10, 11, or 12 of chapter IX of the code of criminal procedure, 1927 PA 175, MCL 769.10, 769.11, and 769.12.

(12) The court may order a term of imprisonment imposed for a felony violation of this section to be served consecutively to any term of imprisonment imposed for any other criminal offense if the victim of the violation of this section was any of the following:

(a) A nonprofit corporation or charitable organization under federal law or the laws of this state.

(b) A person 60 years of age or older.

(c) A vulnerable adult as defined in section 174a.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.174 ;-- Am. 1957, Act 69, Eff. Sept. 27, 1957 ;-- Am. 1998, Act 312, Eff. Jan. 1, 1999 ;-- Am. 2006, Act 573, Eff. Mar. 30, 2007
Former Law: See sections 1 and 2 of Act 48 of 1927, being CL 1929, §§ 16980 and 16981.

Any Commonwealth or municipal police officer, social technician or worker especially designated by the Department, official designated by the Office of Elderly Affairs, attached to the Office of the Governor, official of the Commonwealth Emergency Management and Disaster Administration Office, any physician or other health professional that has an elderly person under treatment, shall assume emergency custody, even when the elderly person is under the temporary or permanent care of a tutor or a person responsible for his or her well-being, when the following circumstances occur, as they may apply[:](a)  He or she learns or believes that there is a risk for the safety, health and bodily, mental, emotional and/or moral integrity of the elderly person.
(b)  The tutor or person responsible for the welfare of the elderly person are not accessible or do not consent the removal of the elderly person, this only in the case that the elderly person is under the temporary or permanent care of any of these.

The person in charge of a hospital or a similar medical institution shall assume emergency custody of an elderly person when he or she learns or believes that the latter has been a victim of abuse, institutional abuse, abuse by negligence and/or abuse by institutional negligence; when he or she understands that the facts so warrant, even if no additional medical treatment is required, even if the tutor or the persons responsible for the welfare of the elderly person request that he or she be returned.
The person assuming emergency custody of an elderly person shall take the latter to the place previously designated for this purpose by the Department of the Family.
Any person assuming emergency custody of an elderly person shall report such a fact immediately through the “Golden Hotline”.
The emergency custody referred to in this section may not exceed twenty-four (24) hours, except in the cases on which an authorization from the court is procured and obtained.
No emergency custody shall or may be assumed in violation of the rights of the elderly person. The elderly person, provided he or she is fully mentally competent and/or unless there is a medical or legal order that so warrants, shall be heard and tended to in relation to his or her interest and wish of being protected.

 (b) For purposes of IC 12-10-3-17, IC 35-42-2-1, IC 35-42-2-1.3, and IC 35-46-1-13, "endangered adult" means an individual who is:

(1) at least eighteen (18) years of age;

(2) incapable by reason of mental illness, intellectual disability, dementia, or other physical or mental incapacity of managing or directing the management of the individual's property or providing or directing the provision of self-care; and

(3) harmed or threatened with harm as a result of:

(A) neglect; or

(B) battery.

     (c) An individual is not an endangered adult solely:

(1) for the reason that the individual is being provided spiritual treatment in accordance with a recognized religious method of healing instead of specified medical treatment if the individual would not be considered to be an endangered adult if the individual were receiving the medical treatment; or

(2) on the basis of being physically unable to provide self care when appropriate care is being provided.

A  person is guilty of endangering the welfare of a vulnerable elderly  person, or an incompetent or physically disabled  person  in  the  first  degree  when,  being  a caregiver for a vulnerable elderly person, or an  incompetent or physically disabled person:

1. With intent to cause physical injury to  such  person,  he  or  she  causes serious physical injury to such person; or

2. He or she recklessly causes serious physical injury to such person.

Endangering  the  welfare  of  a  vulnerable  elderly  person,  or  an  incompetent or physically disabled person in the first degree is a class  D felony.

(a) A person commits the crime of endangering the welfare of a vulnerable adult in the first degree if the person
(1) intentionally abandons the vulnerable adult in any place under circumstances creating a substantial risk of physical injury to the vulnerable adult and the vulnerable adult is in the person's care
(A) by contract or authority of law; or
(B) in a facility or program that is required by law to be licensed by the state; or
(2) violates AS 11.51.210 and, as a result of the violation, the vulnerable adult suffers serious physical injury.
(b) Endangering the welfare of a vulnerable adult in the first degree is a class C felony.

(a) A person commits the crime of endangering the welfare of a vulnerable adult in the second degree if the person fails without lawful excuse to provide support for the vulnerable adult and the vulnerable adult is in the person's care
(1) by contract or authority of law; or
(2) in a facility or program that is required by law to be licensed by the state.
(b) As used in this section, "support" includes necessary food, care, clothing, shelter, and medical attention. There is no failure to provide medical attention to a vulnerable adult if the vulnerable adult is provided treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination of which the vulnerable adult is a member or adherent, provided the vulnerable adult consents to the treatment through spiritual means only, and the treatment is administered by an accredited practitioner of the church or denomination.
(c) Endangering the welfare of a vulnerable adult in the second degree is a class A misdemeanor.

A person is guilty of endangering the welfare of a vulnerable elderly person, or an incompetent or physically disabled person in the second degree when, being a caregiver for a vulnerable elderly person, or an incompetent or physically disabled person:

  1. With intent to cause physical injury to such person, he or she causes such injury to such person; or

  2. He or she recklessly causes physical injury to such person; or

  3. With criminal negligence, he or she causes physical injury to such person by means of a deadly weapon or a dangerous instrument; or

  4. He or she subjects such person to sexual contact without the latter's consent. Lack of consent under this subdivision results from forcible compulsion or incapacity to consent, as those terms are defined in article one hundred thirty of this chapter, or any other circumstances in which the vulnerable elderly person, or an incompetent or physically disabled person does not expressly or impliedly acquiesce in the caregiver's conduct. In any prosecution under this subdivision in which the victim's alleged lack of consent results solely from incapacity to consent because of the victim's mental disability or mental incapacity, the provisions of section 130.16 of this chapter shall apply. In addition, in any prosecution under this subdivision in which the victim's lack of consent is based solely upon his or her incapacity to consent because he or she was mentally disabled, mentally incapacitated or physically helpless, it is an affirmative defense that the defendant, at the time he or she engaged in the conduct constituting the offense, did not know of the facts or conditions responsible for such incapacity to consent.

  Endangering the welfare of a vulnerable elderly person, or an incompetent or physically disabled person in the second degree is a class E felony.

A person is guilty of endangering the welfare  of  an  incompetent  or  physically disabled person in the first degree when he knowingly acts in  a manner likely to be injurious to the physical, mental or moral welfare  of  a  person  who  is  unable to care for himself or herself because of  physical disability, mental disease or defect.

Endangering the welfare  of  an  incompetent  or  physically  disabled  person in the first degree is a class E felony.

A person is guilty of endangering the welfare of an incompetent or physically disabled person in the second degree when he or she recklessly engages in conduct which is likely to be injurious to the physical, mental or moral welfare of a person who is unable to care for himself or herself because of physical disability, mental disease or defect.

Endangering the welfare of an incompetent or physically disabled person in the second degree is a class A misdemeanor.

(1)  A person commits the offense of endangering the welfare of an incompetent person if he knowingly acts in a manner likely to be injurious to the physical or mental welfare of a person who is unable to care for himself because of physical or mental disease, disorder, or defect.

     (2)  Endangering the welfare of an incompetent person is a misdemeanor. [L 1972, c 9, pt of §1]

(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.

(b) Any person who threatens, intimidates, or attempts to intimidate a disabled adult, elder person, or resident who is the subject of a report made pursuant to Chapter 5 of Title 30 or Article 4 of Chapter 8 of Title 31, or any other person cooperating with an investigation conducted pursuant to this Code section, shall be guilty of a misdemeanor of a high and aggravated nature.

(c) Any person who willfully and knowingly obstructs or in any way impedes an investigation conducted pursuant to Chapter 5 of Title 30 or Article 4 of Chapter 8 of Title 31, upon conviction, shall be guilty of a misdemeanor of a high and aggravated nature.

(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.

(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.