Elder Abuse and Elder Financial Exploitation Statutes

Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties.
Subtitle 1. Criminal Offenses. 
Chapter 9A. Criminal Abuse and Neglect of Vulnerable Adults.
§ 22-933.01. Financial exploitation of a vulnerable adult or elderly person.

(a) A person is guilty of financial exploitation of a vulnerable adult or elderly person if the person intentionally and knowingly:
(1) Uses deception, intimidation, or undue influence to obtain the property, including money, of a vulnerable adult or elderly person, with the intent to deprive the vulnerable adult or elderly person of the property or use it for the advantage of anyone other than the vulnerable adult or elderly person;
(2) Uses deception, intimidation, or undue influence to cause the vulnerable adult or elderly person to assume a legal obligation on behalf of, or for the benefit of, anyone other than the vulnerable adult or elderly person; or
(3) Violates any provision of law proscribing theft, extortion, forgery, fraud, or identity theft against the vulnerable adult or elderly person, so long as the offense was undertaken to obtain the property, including money, of a vulnerable adult or elderly person, or to cause the vulnerable adult or elderly person to assume a legal obligation on behalf of, or for the benefit of, anyone other than the vulnerable adult or elderly person.

Title XLVI. Crimes
Chapter 825. abuse, Neglect, and Financial Exploitation of Elderly Persons and Disabled Adults
§ 825.101. Definitions

As used in this chapter:

(6) “Exploitation” has the same meaning as the term “exploitation of an elderly person or disabled adult” as defined in s. 825.103(1).

Title XLVI. Crimes
Chapter 825. abuse, Neglect, and Financial Exploitation of Elderly Persons and Disabled Adults
§ 825.101. Definitions

As used in this chapter:

(3) “Disabled adult” means a person 18 years of age or older who suffers from a condition of physical or mental incapacitation due to a developmental disability, organic brain damage, or mental illness, or who has one or more physical or mental limitations that restrict the person's ability to perform the normal activities of daily living.

(4) “Elderly person” means a person 60 years of age or older who is suffering from the infirmities of aging as manifested by advanced age or organic brain damage, or other physical, mental, or emotional dysfunctioning, to the extent that the ability of the person to provide adequately for the person's own care or protection is impaired.

(16) “Vulnerable adult” has the same meaning as in s. 415.102(28).

Title XXX. Social Welfare
Chapter 415. Adult Protective Services
§ 415.102. Definitions of terms used in ss. 415.101-415.113

(28) “Vulnerable adult” means a person 18 years of age or older whose ability to perform the normal activities of daily living or to provide for his or her own care or protection is impaired due to a mental, emotional, sensory, long-term physical, or developmental disability or dysfunction, or brain damage, or the infirmities of aging.

Title XLVI. Crimes
Chapter 825. abuse, Neglect, and Financial Exploitation of Elderly Persons and Disabled Adults
§ 825.103. Exploitation of an elderly person or disabled adult; penalties

(1) “Exploitation of an elderly person or disabled adult” means:
(a) Knowingly obtaining or using, or endeavoring to obtain or use, an elderly person's or disabled adult's funds, assets, or property with the intent to temporarily or permanently deprive the elderly person or disabled adult of the use, benefit, or possession of the funds, assets, or property, or to benefit someone other than the elderly person or disabled adult, by a person who:
1. Stands in a position of trust and confidence with the elderly person or disabled adult; or
2. Has a business relationship with the elderly person or disabled adult;
(b) Obtaining or using, endeavoring to obtain or use, or conspiring with another to obtain or use an elderly person's or disabled adult's funds, assets, or property with the intent to temporarily or permanently deprive the elderly person or disabled adult of the use, benefit, or possession of the funds, assets, or property, or to benefit someone other than the elderly person or disabled adult, by a person who knows or reasonably should know that the elderly person or disabled adult lacks the capacity to consent;
(c) Breach of a fiduciary duty to an elderly person or disabled adult by the person's guardian, trustee who is an individual, or agent under a power of attorney which results in an unauthorized appropriation, sale, or transfer of property. An unauthorized appropriation under this paragraph occurs when the elderly person or disabled adult does not receive the reasonably equivalent financial value in goods or services, or when the fiduciary violates any of these duties:
1. For agents appointed under chapter 709:
a. Committing fraud in obtaining their appointments;
b. Abusing their powers;
c. Wasting, embezzling, or intentionally mismanaging the assets of the principal or beneficiary; or
d. Acting contrary to the principal's sole benefit or best interest; or
2. For guardians and trustees who are individuals and who are appointed under chapter 736 or chapter 744:
a. Committing fraud in obtaining their appointments;
b. Abusing their powers; or
c. Wasting, embezzling, or intentionally mismanaging the assets of the ward or beneficiary of the trust;
(d) Misappropriating, misusing, or transferring without authorization money belonging to an elderly person or disabled adult from an account in which the elderly person or disabled adult placed the funds, owned the funds, and was the sole contributor or payee of the funds before the misappropriation, misuse, or unauthorized transfer. This paragraph only applies to the following types of accounts:
1. Personal accounts;
2. Joint accounts created with the intent that only the elderly person or disabled adult enjoys all rights, interests, and claims to moneys deposited into such account; or
3. Convenience accounts created in accordance with s. 655.80; or
(e) Intentionally or negligently failing to effectively use an elderly person's or disabled adult's income and assets for the necessities required for that person's support and maintenance, by a caregiver or a person who stands in a position of trust and confidence with the elderly person or disabled adult.
(2) Any inter vivos transfer of money or property valued in excess of $10,000 at the time of the transfer, whether in a single transaction or multiple transactions, by a person age 65 or older to a nonrelative whom the transferor knew for fewer than 2 years before the first transfer and for which the transferor did not receive the reasonably equivalent financial value in goods or services creates a permissive presumption that the transfer was the result of exploitation.
(a) This subsection applies regardless of whether the transfer or transfers are denoted by the parties as a gift or loan, except that it does not apply to a valid loan evidenced in writing that includes definite repayment dates. However, if repayment of any such loan is in default, in whole or in part, for more than 65 days, the presumption of this subsection applies.
(b) This subsection does not apply to:
1. Persons who are in the business of making loans.
2. Bona fide charitable donations to nonprofit organizations that qualify for tax exempt status under the Internal Revenue Code.
(c) In a criminal case to which this subsection applies, if the trial is by jury, jurors shall be instructed that they may, but are not required to, draw an inference of exploitation upon proof beyond a reasonable doubt of the facts listed in this subsection. The presumption of this subsection imposes no burden of proof on the defendant.
(3)(a) If the funds, assets, or property involved in the exploitation of the elderly person or disabled adult is valued at $50,000 or more, the offender commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(b) If the funds, assets, or property involved in the exploitation of the elderly person or disabled adult is valued at $10,000 or more, but less than $50,000, the offender commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(c) If the funds, assets, or property involved in the exploitation of an elderly person or disabled adult is valued at less than $10,000, the offender commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(4) If a person is charged with financial exploitation of an elderly person or disabled adult that involves the taking of or loss of property valued at more than $5,000 and property belonging to a victim is seized from the defendant pursuant to a search warrant, the court shall hold an evidentiary hearing and determine, by a preponderance of the evidence, whether the defendant unlawfully obtained the victim's property. If the court finds that the property was unlawfully obtained, the court may order it returned to the victim for restitution purposes before trial on the charge. This determination is inadmissible in evidence at trial on the charge and does not give rise to any inference that the defendant has committed an offense under this section.

Title 18. Crimes and Punishments
Chapter 15. Children and Vulnerable Adults
§ 18-1505. Abuse, exploitation or neglect of a vulnerable adult

(4) As used in this section:

(c) “Exploitation” or “exploit” means an action which may include, but is not limited to, the unjust or improper use of a vulnerable adult's financial power of attorney, funds, property or resources by another person for profit or advantage.

(4) As used in this section:
(e) “Vulnerable adult” means a person eighteen (18) years of age or older who is unable to protect himself from abuse, neglect or exploitation due to physical or mental impairment which affects the person's judgment or behavior to the extent that he lacks sufficient understanding or capacity to make or communicate or implement decisions regarding his person, funds, property or resources.

Title 12. Human Services
Article 10. Aging Services
Chapter 3. Adult Protective Services
§ 12-10-3-2 “Endangered adult”

Sec. 2. (a) Except as provided in subsection (b), as used in this chapter, “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, habitual drunkenness, excessive use of drugs, 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;
(B) a battery offense included in IC 35-42-2; or
(C) exploitation of the individual's personal services or property.

Title 35. Criminal Law and Procedure
Article 46. Miscellaneous Offenses
Chapter 1. Offenses Against the Family

(b) A person who recklessly uses or exerts control over the personal services or the property of:
(1) an endangered adult; or
(2) a dependent;
for the person's own profit or advantage or for the profit or advantage of another person, but not for the profit or advantage of a person described in subdivision (1) or (2), commits exploitation of a dependent or an endangered adult, a Class A misdemeanor. However, the offense is a Level 6 felony if the person has a prior unrelated conviction under this section.

(c) A person in a position of trust who recklessly engages in self-dealing with the property of:
(1) an endangered adult; or
(2) a dependent;
commits exploitation of a dependent or an endangered adult, a Class A misdemeanor. However, the offense is a Level 6 felony if the person has a prior unrelated conviction under this section.

Title XVI. Criminal Law and Procedure
Subtitle 1. Crime Control and Criminal Acts
Chapter 714. Theft, Fraud, and Related Offenses
§ 714.2A. Theft Against an Older Individual

<[Text subject to final changes by the Iowa Code Editor for Code 2023.]>
1. If a person commits theft against an individual who was an older individual at the time the theft was committed and knew or should have known the conduct was directed at an older individual, notwithstanding the penalties specified in section 714.2, all of the following shall apply:
a. If a person commits theft in the first degree pursuant to section 714.2, subsection 1, the person is guilty of a class “B” felony.
b. If a person commits theft in the second degree pursuant to section 714.2, subsection 2, the person is guilty of a class “C” felony.
c. If a person commits theft in the third degree pursuant to section 714.2, subsection 3, the person is guilty of a class “D” felony.
d. If a person commits theft in the fourth degree pursuant to section 714.2, subsection 4, the person is guilty of an aggravated misdemeanor.
e. If a person commits theft in the fifth degree pursuant to section 714.2, subsection 5, the person is guilty of a serious misdemeanor.

2. For the purposes of this section, “older individual” means an individual who is sixty years of age or older.

Title XVI. Criminal Law and Procedure
Subtitle 1. Crime Control and Criminal Acts
Chapter 726. Protection of the Family and Dependent Persons
Subchapter II. Child Identification and Protection Act
§ 726.25 Financial Exploitation of an Older Individual

2. A person commits financial exploitation of an older individual when the person stands in a position of trust or confidence with the older individual and knowingly and by undue influence, deception, coercion, fraud, breach of fiduciary duty, or extortion, obtains control over or otherwise uses the benefits, property, resources, belongings, or assets of the older individual, to the detriment of the older individual.
3. A person who commits a first offense of financial exploitation of an older individual is guilty of the following, as applicable:
a. A serious misdemeanor if the value of the benefits, property, resources, belongings, or assets is one hundred dollars or less.
b. An aggravated misdemeanor if the value of the benefits, property, resources, belongings, or assets exceeds one hundred dollars but does not exceed one thousand dollars.
c. A class “D” felony if the value of the benefits, property, resources, belongings, or assets exceeds one thousand dollars but does not exceed ten thousand dollars.
d. A class “C” felony if the value of the benefits, property, resources, belongings, or assets exceeds ten thousand dollars but does not exceed fifty thousand dollars.
e. A class “B” felony if the value of the benefits, property, resources, belongings, or assets exceeds fifty thousand dollars, or if the older individual is seventy years of age to eighty years of age and the value of the benefits, property, resources, belongings, or assets is fifteen thousand dollars or more, or if the older individual is eighty years of age or older and the value of the benefits, property, resources, belongings, or assets is five thousand dollars or more.

1. For purposes of this section:
c. “Older individual” means an individual who is sixty years of age or older.

Chapter 21. Crimes and Punishments
Kansas Criminal Code
Article 54. Crimes Against Persons
§ 21-5417. Mistreatment of a dependent adult; mistreatment of an elder person

(a) Mistreatment of a dependent adult or an elder person is knowingly committing one or more of the following acts:

(2) taking the personal property or financial resources of a dependent adult or an elder person for the benefit of the defendant or another person by taking control, title, use or management of the personal property or financial resources of a dependent adult or an elder person through:
(A) Undue influence, coercion, harassment, duress, deception, false representation, false pretense or without adequate consideration to such dependent adult or elder person;
(B) a violation of the Kansas power of attorney act, K.S.A. 58-650 et seq., and amendments thereto;
(C) a violation of the Kansas uniform trust code, K.S.A. 58a-101 et seq., and amendments thereto; or
(D) a violation of the act for obtaining a guardian or a conservator, or both, K.S.A. 59-3050 et seq., and amendments thereto;

(e) As used in this section:

(2) “Dependent adult” means an individual 18 years of age or older who is unable to protect the individual's own interest. Such term shall include, but is not limited to, any:
(A) Resident of an adult care home including, but not limited to, those facilities defined by K.S.A. 39-923, and amendments thereto;
(B) adult cared for in a private residence;
(C) individual kept, cared for, treated, boarded, confined or otherwise accommodated in a medical care facility;
(D) individual with intellectual disability or a developmental disability receiving services through a community facility for people with intellectual disability or residential facility licensed under K.S.A. 39-2001 et seq., and amendments thereto;
(E) individual with a developmental disability receiving services provided by a community service provider as provided in the developmental disability reform act; or
(F) individual kept, cared for, treated, boarded, confined or otherwise accommodated in a state psychiatric hospital or state institution for people with intellectual disability.

(3) “Elder person” means a person 60 years of age or older.

Title XVII. Economic Security and Public Welfare
Chapter 209. Protection of Adults
§ 209.020 Definitions for Chapter

As used in this chapter, unless the context otherwise requires:

(9) “Exploitation” means obtaining or using another person's resources, including but not limited to funds, assets, or property, by deception, intimidation, or similar means, with the intent to deprive the person of those resources;

(4) “Adult” means a person eighteen (18) years of age or older who, because of mental or physical dysfunctioning, is unable to manage his or her own resources, carry out the activity of daily living, or protect himself or herself from neglect, exploitation, or a hazardous or abusive situation without assistance from others, and who may be in need of protective services.

Title XVII. Economic Security and Public Welfare
Chapter 209. Protection of Adults
Penalties
§ 209.990 Penalties

 (5) Any person who knowingly exploits an adult, resulting in a total loss to the adult of more than three hundred dollars ($300) in financial or other resources, or both, is guilty of a Class C felony.

(6) Any person who wantonly or recklessly exploits an adult, resulting in a total loss to the adult of more than three hundred dollars ($300) in financial or other resources, or both, is guilty of a Class D felony.

(7) Any person who knowingly, wantonly, or recklessly exploits an adult, resulting in a total loss to the adult of three hundred dollars ($300) or less in financial or other resources, or both, is guilty of a Class A misdemeanor.

(8) If a defendant is sentenced under subsection (5), (6), or (7) of this section and fails to return the victim's property as defined in KRS 218A.405 within thirty (30) days of an order by the sentencing court to do so, or is thirty (30) days or more delinquent in a court-ordered payment schedule, then the defendant shall be civilly liable to the victim of the offense or the victim's estate for treble damages, plus reasonable attorney fees and court costs. Any interested person or entity, as defined in KRS 387.510, shall have standing to bring a civil action on the victim's behalf to enforce this section. The sentencing judge shall inform the defendant of the provisions of this subsection at sentencing.

Title 14. Criminal law (Chs. 1 — 3)
Chapter 2. Miscellaneous crimes and offenses (Pts. 1 — 7)
Part 2. Offenses affecting public morals (§§ 14:281 — 14:286)

§ 14:283.3. Abuse of persons with infirmities through electronic means

B. For purposes of this Section:
(1) “Person with an infirmity” means a person who suffers from a mental or physical disability, including those associated with advanced age, which renders the person incapable of adequately providing for his personal care. A person with an infirmity may include but is not limited to a person who is a resident of a nursing home, facility for persons with intellectual disabilities, mental health facility, hospital, or other residential facility or recipients of home and community-based care.

Title 14. Criminal law (Chs. 1 — 3)
Chapter 1. Criminal code (Pts. 1 — 8)
Part 5. Offenses affecting the public morals (Subpts. A — B)
Subpart B. Offenses affecting general morality (§§ 14:90 — 14:93.20)
3. Offenses affecting the health and safety of persons with infirmities (§§ 14.93.3 — 14:93.5)                                              

§14. 93.3. Cruelty to persons with infirmities                                                

C. For the purposes of this Section, a person who is aged is any individual sixty years of age or older.

Title 14. Criminal Law
Chapter 1. Criminal Code
Part V. Offenses Affecting the Public Morals
Subpart B. Offenses Affecting General Morality
3. Offenses Affecting the Health and Safety of Persons with Infirmities
§ 93.4. Exploitation of persons with infirmities

A. Exploitation of persons with infirmities is:
(1) The intentional expenditure, diminution, or use by any person, including a caregiver, of the property or assets of a person with an infirmity, an adult with a disability, or a person who is aged, including but not limited to a resident of a nursing home, facility for persons with intellectual disabilities, mental health facility, hospital, or other residential facility without the express voluntary consent of the resident or the consent of a legally authorized representative of an incompetent resident, or by means of fraudulent conduct, practices, or representations.
(2) The use of the power of attorney or guardianship of a person with an infirmity, a person who is aged, or an adult with a disability for one's own profit or advantage by means of fraudulent conduct, practices, or representations.

Title 45. Crimes
Chapter 6. Offenses Against Property
Part 3. Theft and Related Offenses
§ 45-6-333. Exploitation of older person, incapacitated person, or person with developmental disability

(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.

(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.

Chapter 400. Social Services
The Social Welfare Act
State Department of Social Services
§ 400.11. Definitions; sections 400.11a to 400.11f

Sec. 11. As used in this section and sections 11a to 11f:

(c) “Exploitation” means an action that involves the misuse of an adult's funds, property, or personal dignity by another person.

(b) “Adult in need of protective services” or “adult” means a vulnerable person not less than 18 years of age who is suspected of being or believed to be abused, neglected, or exploited.

(f) “Vulnerable” means a condition in which an adult is unable to protect himself or herself from abuse, neglect, or exploitation because of a mental or physical impairment or because of advanced age.

Chapter 750. Michigan Penal Code
The Michigan Penal Code
Chapter Xxa. Vulnerable Adults
§ 750.145m. Definitions

Sec. 145m. As used in this chapter:

(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.

Chapter 750. Michigan Penal Code
The Michigan Penal Code
Chapter XXXI. Embezzlement
§ 750.174a. Vulnerable adult; prohibited conduct; violation; penalty; enhanced sentence; exceptions; consecutive sentence; definitions; report by office of services to the aging to department of human services

Sec. 174a. (1) A person shall not through fraud, deceit, misrepresentation, coercion, or unjust enrichment obtain or use or attempt to obtain or use a vulnerable adult's money or property to directly or indirectly benefit that person knowing or having reason to know the vulnerable adult is a vulnerable adult.

Chapter 750. Michigan Penal Code
The Michigan Penal Code
Chapter XXXI. Embezzlement
§ 750.174a. Vulnerable adult; prohibited conduct; violation; penalty; enhanced sentence; exceptions; consecutive sentence; definitions; report by office of services to the aging to department of human services

(15) As used in this section:
(c) “Vulnerable adult” means that term as defined in section 145m,2 whether or not the individual has been determined by the court to be incapacitated.

Maryland Criminal Law
Title 8. Fraud and Related Crimes
Subtitle 8. Financial Crimes Against Vulnerable Adults
§ 8-801. Financial crimes against vulnerable adults

Prohibited conduct
(b)(1) A person may not knowingly and willfully obtain by deception, intimidation, or undue influence the property of an individual that the person knows or reasonably should know is a vulnerable adult with intent to deprive the vulnerable adult of the vulnerable adult's property.
(2) A person may not knowingly and willfully obtain by deception, intimidation, or undue influence the property of an individual that the person knows or reasonably should know is at least 68 years old, with intent to deprive the individual of the individual's property.

Definitions
(a)(1) In this section the following words have the meanings indicated.
(8) “Vulnerable adult” has the meaning stated in § 3-604 of this article.

Crimes; Expungement; Victims
Chapter 609. Criminal Code
Crimes Against the Person
§ 609.232. Crimes against vulnerable adults; definitions

Subd. 11. Vulnerable adult. “Vulnerable adult” means any person 18 years of age or older who:
(1) is a resident inpatient of a facility;
(2) receives services at or from a facility required to be licensed to serve adults under sections 245A.01 to 245A.15, except that a person receiving outpatient services for treatment of chemical dependency or mental illness, or one who is committed as a sexual psychopathic personality or as a sexually dangerous person under chapter 253B, is not considered a vulnerable adult unless the person meets the requirements of clause (4);
(3) receives services from a home care provider required to be licensed under sections 144A.43 to 144A.482; or from a person or organization that exclusively offers, provides, or arranges for personal care assistance services under the medical assistance program as authorized under sections 256B.0625, subdivision 19a, 256B.0651 to 256B.0654, and 256B.0659; or
(4) regardless of residence or whether any type of service is received, possesses a physical or mental infirmity or other physical, mental, or emotional dysfunction:
(i) that impairs the individual's ability to provide adequately for the individual's own care without assistance, including the provision of food, shelter, clothing, health care, or supervision; and
(ii) because of the dysfunction or infirmity and the need for assistance, the individual has an impaired ability to protect the individual from maltreatment.

Crimes; Expungement; Victims
Chapter 609. Criminal Code
Crimes Against the Person
§ 609.2335. Financial exploitation of vulnerable adult

Subdivision 1. Crime. Whoever does any of the following acts commits the crime of financial exploitation:

(1) in breach of a fiduciary obligation recognized elsewhere in law, including pertinent regulations, contractual obligations, documented consent by a competent person, or the obligations of a responsible party under section 144.6501 intentionally:
(i) fails to use the real or personal property or other financial resources of the vulnerable adult to provide food, clothing, shelter, health care, therapeutic conduct, or supervision for the vulnerable adult;
(ii) uses, manages, or takes either temporarily or permanently the real or personal property or other financial resources of the vulnerable adult, whether held in the name of the vulnerable adult or a third party, for the benefit of someone other than the vulnerable adult; or
(iii) deprives either temporarily or permanently a vulnerable adult of the vulnerable adult's real or personal property or other financial resources, whether held in the name of the vulnerable adult or a third party, for the benefit of someone other than the vulnerable adult; or

(2) in the absence of legal authority:
(i) acquires possession or control of an interest in real or personal property or other financial resources of a vulnerable adult, whether held in the name of the vulnerable adult or a third party, through the use of undue influence, harassment, or duress;
(ii) forces, compels, coerces, or entices a vulnerable adult against the vulnerable adult's will to perform services for the profit or advantage of another; or
(iii) establishes a relationship with a fiduciary obligation to a vulnerable adult by use of undue influence, harassment, duress, force, compulsion, coercion, or other enticement.

Title 43. Public Welfare
Chapter 47. Mississippi Vulnerable Persons Act
§ 43-47-19. Abuse, neglect and exploitation forbidden

(1) It shall be unlawful for any person to abuse, neglect or exploit any vulnerable person.

Title 43. Public Welfare
Chapter 47. Mississippi Vulnerable Persons Act
§ 43-47-5. Definitions

For the purposes of this chapter, the following words shall have the meanings ascribed herein unless the context otherwise requires:

(i) “Exploitation” means the illegal or improper use of a vulnerable person or his resources for another's profit, advantage or unjust enrichment, with or without the consent of the vulnerable person, and may include actions taken pursuant to a power of attorney. “Exploitation” includes, but is not limited to, a single incident.

(q) “Vulnerable person” means a person, whether a minor or adult, whose ability to perform the normal activities of daily living or to provide for his or her own care or protection from abuse, neglect, exploitation or improper sexual contact is impaired due to a mental, emotional, physical or developmental disability or dysfunction, or brain damage or the infirmities of aging. The term “vulnerable person” also includes all residents or patients, regardless of age, in a care facility. The department shall not be prohibited from investigating, and shall have the authority and responsibility to fully investigate, in accordance with the provisions of this chapter, any allegation of abuse, neglect or exploitation regarding a patient in a care facility, if the alleged abuse, neglect or exploitation occurred at a private residence.

Chapter 14. Criminal Law
Subchapter V. Offenses Against Property
Article 19. False Pretenses and Cheats
§ 14-112.2. Exploitation of an older adult or disabled adult

(b) It is unlawful for a person: (i) who stands in a position of trust and confidence with an older adult or disabled adult, or (ii) who has a business relationship with an older adult or disabled adult to knowingly, by deception or intimidation, obtain or use, or endeavor to obtain or use, an older adult's or disabled adult's funds, assets, or property with the intent to temporarily or permanently deprive the older adult or disabled adult of the use, benefit, or possession of the funds, assets, or property, or to benefit someone other than the older adult or disabled adult.

(c) It is unlawful for a person to knowingly, by deception or intimidation, obtain or use, endeavor to obtain or use, or conspire with another to obtain or use an older adult's or disabled adult's funds, assets, or property with the intent to temporarily or permanently deprive the older adult or disabled adult of the use, benefit, or possession of the funds, assets, or property, or benefit someone other than the older adult or disabled adult. This subsection shall not apply to a person acting within the scope of that person's lawful authority as the agent for the older adult or disabled adult.

(a) The following definitions apply in this section:
(1) 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).
(2) Older adult.--A person 65 years of age or older.

Title 12.1. Criminal Code
Chapter 12.1-31. Miscellaneous Offenses
§ 12.1-31-07.1. Exploitation of an eligible adult--Penalty

1. A person is guilty of exploitation of an eligible adult if:
a. The person stands in a position of trust and confidence or has a business relationship with the eligible adult and knowingly, by deception, intimidation, or undue influence, obtains or uses, or attempts to obtain or use, the eligible adult's funds, assets, or property with the intent to temporarily or permanently deprive the eligible adult of the use, benefit, or possession of the property, for the benefit of someone other than the eligible adult; or
b. The person knows the eligible adult lacks the capacity to consent, and obtains or uses, or attempts to obtain or use, or assists another in obtaining or using or attempting to obtain or use, the eligible adult's funds, assets, or property with the intent to temporarily or permanently deprive the eligible adult of the use, benefit, or possession of the property for the benefit of someone other than the eligible adult.