Elder Abuse and Elder Financial Exploitation Statutes

Chapter 28  Crimes and Punishments  Article 3  Offenses Against the Person  (b)  Adult Protective Services Act

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.

Chapter 28  Crimes and Punishments  Article 3  Offenses Against the Person  (b)  Adult Protective Services Act

Cruel punishment shall mean punishment which intentionally causes physical injury to a vulnerable adult.

Chapter 28  Crimes and Punishments  Article 3  Offenses Against the Person  (b)  Adult Protective Services Act

Exploitation means the wrongful or unauthorized taking, withholding, appropriation, conversion, control, or use of money, funds, securities, assets, or any other property of a vulnerable adult or senior adult by any person by means of undue influence, breach of a fiduciary relationship, deception, extortion, intimidation, force or threat of force, isolation, or any unlawful means or by the breach of a fiduciary duty by the guardian, conservator, agent under a power of attorney, trustee, or any other fiduciary of a vulnerable adult or senior adult.

Chapter 28  Crimes and Punishments  Article 3  Offenses Against the Person  (b)  Adult Protective Services Act

Neglect means any knowing or intentional act or omission on the part of a caregiver to provide essential services or the failure of a vulnerable adult, due to physical or mental impairments, to perform self-care or obtain essential services to such an extent that there is actual physical injury to a vulnerable adult or imminent danger of the vulnerable adult suffering physical injury or death.

Chapter 28  Crimes and Punishments  Article 3  Offenses Against the Person  (b)  Adult Protective Services Act

Physical injury shall mean damage to bodily tissue caused by nontherapeutic conduct, including, but not limited to, fractures, bruises, lacerations, internal injuries, or dislocations, and shall include, but not be limited to, physical pain, illness, or impairment of physical function.

R.R.S. Neb. §§ 28-348 through 28-387 (2017)

Sexual abuse shall include sexual assault as described in section 28-319 or 28-320 and incest as described in section 28-703.

Chapter 28  Crimes and Punishments  Article 3  Offenses Against the Person  (b)  Adult Protective Services Act

Sexual exploitation includes, but is not limited to, a violation of section 28-311.08 and causing, allowing, permitting, inflicting, or encouraging a vulnerable adult to engage in voyeurism, in exhibitionism, in prostitution, or in the lewd, obscene, or pornographic photographing, filming, or depiction of the vulnerable adult.

Chapter 28  Crimes and Punishments  Article 3  Offenses Against the Person  (b)  Adult Protective Services Act

Unreasonable confinement means confinement which intentionally causes physical injury to a vulnerable adult or false imprisonment as described in section 28-314 or 28-315.

TITLE 30.  HANDICAPPED PERSONS  CHAPTER 5.  PROTECTION OF DISABLED ADULTS AND ELDER PERSONS

   (1) "Abuse" means the willful infliction of physical pain, physical injury, sexual abuse, mental anguish, unreasonable confinement, or the willful deprivation of essential services to a disabled adult or elder person.

 (8) "Exploitation" means the illegal or improper use of a disabled adult or elder person or that person's resources through undue influence, coercion, harassment, duress, deception, false representation, false pretense, or other similar means for one's own or another's profit or advantage.

   (14) "Neglect" means the absence or omission of essential services to the degree that it harms or threatens with harm the physical or emotional health of a disabled adult or elder person.

  (18) "Sexual abuse" means the coercion for the purpose of self-gratification by a guardian or other person supervising the welfare or having immediate charge, control, or custody of a disabled adult or elder person to engage in any of the following conduct:       (A) Lewd exhibition of the genitals or pubic area of any person;      (B) Flagellation or torture by or upon a person who is unclothed or partially unclothed;      (C) Condition of being fettered, bound, or otherwise physically restrained on the part of a person who is unclothed or partially clothed unless physical restraint is medically indicated;      (D) Physical contact in an act of sexual stimulation or gratification with any person's unclothed genitals, pubic area, or buttocks or with a female's nude breasts;      (E) Defecation or urination for the purpose of sexual stimulation of the viewer; or      (F) Penetration of the vagina or rectum by any object except when done as part of a recognized medical or nursing procedure.

TITLE EIGHT Public Welfare and Charitable Institutions > Chapter 18. Bill of Rights for Elderly Persons

(g) Physical abuse.— Any injury or condition which provokes or creates a substantial risk which may cause the disfigurement or temporary or permanent disability of any bodily part or function, or other forms of bodily harm or injury.

(h) Mental or physical abuse.— Any act or conduct which may bring dishonor, discredit or create contempt for personal values, unreasonable limitation of access and management of goods or chattels, isolation, lack of access to proper sustenance or rest, threats, or destruction of objects dear to the person.

(k) Financial exploitation.— The improper use of an adult’s funds, property or resources by another individual including, but not limited to, fraud, false pretenses, embezzlement, conspiracy, forgery, falsifying records, coercion, property transfers or denial of access to assets.

Division 1.  Government  Title 20  Social Services  Chapter 346  Department of Human Services  Part X.  Adult Protective Services

  "Abuse" means any of the following, separately or in combination:         (1) Physical abuse;         (2) Psychological abuse;         (3) Sexual abuse;         (4) Financial exploitation;         (5) Caregiver neglect; or         (6) Self-neglect;      each as further defined in this chapter. Abuse does not include, and a determination of abuse shall not be based solely on, physical, psychological, or financial conditions that result when a vulnerable adult seeks, or when a caregiver provides or permits to be provided, treatment with the express consent of the vulnerable adult or in accordance with the vulnerable adult's religious or spiritual practices.

   "Caregiver neglect" means the failure of a caregiver to exercise that degree of care for a vulnerable adult that a reasonable person with the responsibility of a caregiver would exercise within the scope of the caregiver's assumed, legal or contractual duties, including but not limited to the failure to:         (1) Assist with personal hygiene;         (2) Protect the vulnerable adult from abandonment;        (3) Provide, in a timely manner, necessary food, shelter, or clothing;         (4) Provide, in a timely manner, necessary health care, access to health care, prescribed medication, psychological care, physical care, or supervision;         (5) Protect the vulnerable adult from dangerous, harmful, or detrimental drugs, as defined in section 712-1240; provided that this paragraph shall not apply to drugs that are provided to the vulnerable adult pursuant to the direction or prescription of a practitioner, as defined in section 712-1240;         (6) Protect the vulnerable adult from health and safety hazards; or         (7) Protect the vulnerable adult from abuse by third parties.

  "Financial exploitation" means the wrongful taking, withholding, appropriation, or use of a vulnerable adult's money, real property, or personal property, including but not limited to:         (1) The breach of a fiduciary duty, such as the misuse of a power of attorney or the misuse of guardianship privileges, resulting in the unauthorized appropriation, sale, or transfer of property;         (2) The unauthorized taking of personal assets;         (3) The misappropriation or misuse of moneys belonging to the vulnerable adult from a personal or joint account; or         (4) The failure to effectively use a vulnerable adult's income and assets for the necessities required for the vulnerable adult's support and maintenance, by a person with a duty to expend income and assets on behalf of the vulnerable adult for such purposes.    Financial exploitation may be accomplished through coercion, manipulation, threats, intimidation, misrepresentation, or exertion of undue influence.

  "Physical abuse" means:          (1) The nonaccidental infliction of physical or bodily injury, pain, or impairment, including but not limited to hitting, slapping, causing burns or bruises, poisoning, or improper physical restraint; or         (2) Causing physical injuries that are not justifiably explained or where the history given for an injury is at variance with the degree or type of injury.

 "Psychological abuse" means the infliction of mental or emotional distress by use of threats, insults, harassment, humiliation, provocation, intimidation, or other means that profoundly confuse or frighten a vulnerable adult.

 "Sexual abuse" means nonconsensual sexual contact or conduct caused by another person, including but not limited to:          (1) Sexual assault, molestation, sexual fondling, incest, or prostitution; or         (2) Pornographic photographing, filming, or depiction.

Title 22.  Health and Welfare  Subtitle 3.  Income Supplementation  Part 2.  Aged, Blind, Disabled or Medically Indigent Persons  Chapter 958-A.  Adult Protective Services Act Subchapter 1.  General Provisions

 1. Abuse.   "Abuse" means the infliction of injury, unreasonable confinement, intimidation or cruel punishment that causes or is likely to cause physical harm or pain or mental anguish; sexual abuse or sexual exploitation; financial exploitation; or the intentional, knowing or reckless deprivation of essential needs. "Abuse" includes acts and omissions.

 9. Exploitation.  "Exploitation" means the illegal or improper use of an incapacitated or dependent adult or that adult's resources for another's profit or advantage.

  9-A. Financial exploitation.  "Financial exploitation" means the use of deception, intimidation, undue influence, force or other unlawful means to obtain control over the property of a dependent adult for another's profit or advantage.

  11. Neglect.  "Neglect" means a threat to an adult's health or welfare by physical or mental injury or impairment, deprivation of essential needs or lack of protection from these.

15. Sexual abuse or sexual exploitation.  "Sexual abuse or sexual exploitation" means contact or interaction of a sexual nature involving an incapacitated or dependent adult without that adult's informed consent.

Title 35  Public Health and Safety  Chapter 20  Adult Protective Services

     (i) "Abandonment" means leaving a vulnerable adult without financial support or the means or ability to obtain food, clothing, shelter or health care;

(ii)  “Abuse” means the intentional or reckless infliction, by the vulnerable adult's caregiver, person of trust or authority, professional, family member or other individual of:(A)  Injury; (B)  Unreasonable confinement which threatens the welfare and well being of a vulnerable adult; (C)  Cruel punishment with resulting physical or emotional harm or pain to a vulnerable adult; (D)  Photographing vulnerable adults in violation of W.S. 6-4-304(b); (E)  Sexual abuse; (F)  Intimidation; or (G)  Exploitation.

(ix)  “Exploitation” means the reckless or intentional act taken by any person, or any use of the power of attorney, conservatorship or guardianship of a vulnerable adult, to:(A)  Obtain control through deception, harassment, intimidation or undue influence over the vulnerable adult's money, assets or property with the intention of permanently or temporarily depriving the vulnerable adult of the ownership, use, benefit or possession of his money, assets or property; (B)  In the absence of legal authority:(I)  Employ the services of a third party for the profit or advantage of the person or another person to the detriment of a vulnerable adult; (II)  Force, compel, coerce or entice a vulnerable adult to perform services for the profit or advantage of another against the will of the vulnerable adult. (C)  Intentionally misuse the principal's property and, in so doing, adversely affect the principal's ability to receive health care or pay bills for basic needs or obligations; or (D)  Abuse the fiduciary duty under a power of attorney, conservatorship or guardianship.

(xi)  “Neglect” means the deprivation of, or failure to provide, the minimum food, shelter, clothing, supervision, physical and mental health care, other care and prescribed medication as necessary to maintain a vulnerable adult's life or health, or which may result in a life-threatening situation. The withholding of health care from a vulnerable adult is not neglect if:(A)  Treatment is given in good faith by spiritual means alone, through prayer, by a duly accredited practitioner in accordance with the tenets and practices of a recognized church or religious denomination; (B)  The withholding of health care is in accordance with a declaration executed pursuant to W.S. 35-22-401 through 35-22-416; or (C)  Care is provided by a hospice licensed in accordance with and pursuant to W.S. 35-2-901 through 35-2-910.

(xxii)  “Sexual abuse” means sexual contact including, but not limited to, unwanted touching, all types of sexual assault or battery as defined in W.S. 6-2-302 through 6-2-304, sexual exploitation and sexual photographing;

TITLE 38  Public Welfare
CHAPTER 9  Protection of Aged Adults And Adults With A Disability

 For the purposes of this chapter, the following terms shall have the following meanings: (1) Abuse. -- The infliction of physical pain, injury, or the willful deprivation by a caregiver or other person of services necessary to maintain mental and physical health.

 (6) Emotional abuse. -- The willful or reckless infliction of emotional or mental anguish or the use of a physical or chemical restraint, medication, or isolation as punishment or as a substitute for treatment or care of any protected person.

 (8) Exploitation. -- The expenditure, diminution, or use of the property, assets, or resources of a protected person without the express voluntary consent of that person or his or her legally authorized representative or the admission of or provision of care to a protected person who needs to be in the care of a licensed hospital by an unlicensed hospital after a court order obtained by the State Board of Health has directed closure of the unlicensed hospital. For the purpose of this section and Sections 38-9-6 and 38-9-7, the term "unlicensed hospital" shall have the meaning ascribed to it in Section 22-21-33, and the term "licensed hospital" shall have the meaning ascribed to it in Section 22-21-20.

(12) Neglect. -- The failure of a caregiver to provide food, shelter, clothing, medical services, or health care for the person unable to care for himself or herself; or the failure of the person to provide these basic needs for himself or herself when the failure is the result of the person's mental or physical inability.

(22) Sexual abuse. -- Any conduct that is a crime as defined in Sections 13A-6-60 to 13A-6-70, inclusive.

(11) Misappropriation of property of a nursing home resident. -- The deliberate misplacement or wrongful, temporary, or permanent use or withholding of belongings or money of a resident of a nursing home without the consent of the resident.

GENERAL LAWS  TITLE 39.  HEALTH AND SAFETY  CHAPTER 53.  ADULT ABUSE, NEGLECT AND EXPLOITATION ACT

   (1) "Abuse" means the intentional or negligent infliction of physical pain, injury or mental injury.

   (7) "Exploitation" 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.

  (8) "Neglect" means failure of a caretaker to provide food, clothing, shelter or medical care reasonably necessary to sustain the life and health of a vulnerable adult, or the failure of a vulnerable adult to provide those services for himself.

TITLE 31.  WELFARE  PART II.  WELFARE AGENCIES  CHAPTER 39.  ADULT PROTECTIVE SERVICES

As used in this chapter:    (1) "Abuse" means:     a. Physical abuse by unnecessarily inflicting pain or injury on an adult who is impaired; or      b. A pattern of emotional abuse, which includes, but is not limited to, ridiculing or demeaning an adult who is impaired making derogatory remarks to an adult who is impaired or cursing or threatening to inflict physical or emotional harm on an adult who is impaired.

  (10) "Exploitation" means an act of forcing, compelling, or exerting undue influence over a vulnerable adult causing the vulnerable adult to act in a way that is inconsistent with relevant past behavior, or causing the vulnerable adult to perform services for the benefit of another.

   (11) "Financial exploitation" means the illegal or improper use, control over, or withholding of the property, income, resources, or trust funds of the elderly person or the vulnerable adult by any person or entity for any person's or entity's profit or advantage other than for the elder person or the vulnerable adult's profit or advantage. "Financial exploitation" includes, but is not limited to:       a. The use of deception, intimidation, or undue influence by a person or entity in a position of trust and confidence with an elderly person or a vulnerable adult to obtain or use the property, income, resources, or trust funds of the elderly person or the vulnerable adult for the benefit of a person or entity other than the elderly person or the vulnerable adult;      b. The breach of a fiduciary duty, including, but not limited to, the misuse of a power of attorney, trust, or a guardianship appointment, that results in the unauthorized appropriation, sale, or transfer of the property, income, resources, or trust funds of the elderly person or the vulnerable adult for the benefit of a person or entity other than the elderly person or the vulnerable adult; and      c. Obtaining or using an elderly person or a vulnerable adult's property, income, resources, or trust funds without lawful authority, by a person or entity who knows or clearly should know that the elderly person or the vulnerable adult lacks the capacity to consent to the release or use of his or her property, income, resources, or trust funds.

   (16) "Mistreatment" means the failure to provide appropriate physical or emotional care to an adult who is impaired, including the inappropriate use of medications, isolation or physical or chemical restraints on or of an adult who is impaired.

   (17) "Neglect" means:       a. Lack of attention by a caregiver to physical needs of an adult who is impaired including but not limited to toileting, bathing, meals and safety;      b. Failure by a caregiver to carry out a treatment plan prescribed by a health care professional for an adult who is impaired; or      c. Intentional and permanent abandonment or desertion in any place of an adult who is impaired by a caregiver who does not make reasonable efforts to ensure that essential services, as defined in this section, will be provided for said adult who is impaired.

Chapter 400  Social Services Act 280 of 1939  The Social Welfare Act  State Department of Social Services

  (a) "Abuse" means harm or threatened harm to an adult's health or welfare caused by another person. Abuse includes, but is not limited to, nonaccidental physical or mental injury, sexual abuse, or maltreatment.

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

  (d) "Neglect" means harm to an adult's health or welfare caused by the inability of the adult to respond to a harmful situation or by the conduct of a person who assumes responsibility for a significant aspect of the adult's health or welfare. Neglect includes the failure to provide adequate food, clothing, shelter, or medical care. A person shall not be considered to be abused, neglected, or in need of emergency or protective services for the sole reason that the person is receiving or relying upon treatment by spiritual means through prayer alone in accordance with the tenets and practices of a recognized church or religious denomination, and this act shall not require any medical care or treatment in contravention of the stated or implied objection of that person.

Title XXX.  Social Welfare. (Chs. 409-430).  Chapter 415.  Adult Protective Services.

     (1) "Abuse" means any willful act or threatened act by a relative, caregiver, or household member which causes or is likely to cause significant impairment to a vulnerable adult's physical, mental, or emotional health. Abuse includes acts and omissions.

    (8)  (a) "Exploitation" means a person who:               1. Stands in a position of trust and confidence with a vulnerable adult and knowingly, by deception or intimidation, obtains or uses, or endeavors to obtain or use, a vulnerable adult's funds, assets, or property with the intent to temporarily or permanently deprive a vulnerable adult of the use, benefit, or possession of the funds, assets, or property for the benefit of someone other than the vulnerable adult; or             2. Knows or should know that the vulnerable adult lacks the capacity to consent, and obtains or uses, or endeavors to obtain or use, the vulnerable adult's funds, assets, or property with the intent to temporarily or permanently deprive the vulnerable adult of the use, benefit, or possession of the funds, assets, or property for the benefit of someone other than the vulnerable adult.         (b) "Exploitation" may include, but is not limited to:             1. Breaches of fiduciary relationships, such as the misuse of a power of attorney or the abuse of guardianship duties, resulting in the unauthorized appropriation, sale, or transfer of property;             2. Unauthorized taking of personal assets;             3. Misappropriation, misuse, or transfer of moneys belonging to a vulnerable adult from a personal or joint account; or             4. Intentional or negligent failure to effectively use a vulnerable adult's income and assets for the necessities required for that person's support and maintenance.

  (16) "Neglect" means the failure or omission on the part of the caregiver or vulnerable adult to provide the care, supervision, and services necessary to maintain the physical and mental health of the vulnerable adult, including, but not limited to, food, clothing, medicine, shelter, supervision, and medical services, which a prudent person would consider essential for the well-being of a vulnerable adult. The term "neglect" also means the failure of a caregiver or vulnerable adult to make a reasonable effort to protect a vulnerable adult from abuse, neglect, or exploitation by others. "Neglect" is repeated conduct or a single incident of carelessness which produces or could reasonably be expected to result in serious physical or psychological injury or a substantial risk of death.

  (24) "Psychological injury" means an injury to the intellectual functioning or emotional state of a vulnerable adult as evidenced by an observable or measurable reduction in the vulnerable adult's ability to function within that person's customary range of performance and that person's behavior.

    (26) "Sexual abuse" means acts of a sexual nature committed in the presence of a vulnerable adult without that person's informed consent. "Sexual abuse" includes, but is not limited to, the acts defined in s. 794.011(1)(h), fondling, exposure of a vulnerable adult's sexual organs, or the use of a vulnerable adult to solicit for or engage in prostitution or sexual performance. "Sexual abuse" does not include any act intended for a valid medical purpose or any act that may reasonably be construed to be normal caregiving action or appropriate display of affection.

TITLE 42.  STATE AFFAIRS AND GOVERNMENT  CHAPTER 66.  ELDERLY AFFAIRS DEPARTMENT

  (1) "Abuse" means physical abuse, sexual abuse, and/or emotional abuse of an elderly person by a caregiver as defined in subsection (5).

(a) "Physical abuse" means the willful infliction of physical pain or injury (e.g. slapping, bruising or restraining) upon an elderly person.

   (b) "Sexual abuse" means the infliction of non-consensual sexual contact of any kind upon an elderly person. Sexual abuse includes, but is not limited to, sexual assault, rape, sexual misuse or exploitation of an elder, as well as threats of sexual abuse where the perpetrator has the intent and the capacity to carry out the threatened abuse.

     (c) "Emotional abuse" means a pattern of willful infliction of mental or emotional harm upon an elder by threat, intimidation, isolation or other abusive conduct.

 (2) "Exploitation" means the fraudulent or otherwise illegal, unauthorized or improper act or process of an individual, including, but not limited to, a caregiver or fiduciary, that uses the resources of an elder for monetary or personal benefit, profit, gain, or that results in depriving an elder of rightful access to, or use of, benefits, resources, belongings, or assets by use of undue influence, harassment, duress, deception, false representation or false pretenses.

   (3) "Neglect" means the willful failure by a caregiver or other person with a duty of care to provide goods or services necessary to avoid physical harm, mental harm or mental illness to an elderly person, including, but not limited to, "abandonment" (withdrawal of necessary assistance) and denial of food or health related services.

Title 43.  Social Services  Chapter 35.  Adult Protection  Article 1.  Duties and Procedures of Investigative Entities

  (1) "Abuse" means physical abuse or psychological abuse.

     (3) "Exploitation" means:         (a) causing or requiring a vulnerable adult to engage in activity or labor which is improper, unlawful, or against the reasonable and rational wishes of the vulnerable adult. Exploitation does not include requiring a vulnerable adult to participate in an activity or labor which is a part of a written plan of care or which is prescribed or authorized by a licensed physician attending the patient;         (b) an improper, unlawful, or unauthorized use of the funds, assets, property, power of attorney, guardianship, or conservatorship of a vulnerable adult by a person for the profit or advantage of that person or another person; or         (c) causing a vulnerable adult to purchase goods or services for the profit or advantage of the seller or another person through: (i) undue influence, (ii) harassment, (iii) duress, (iv) force, (v) coercion, or (vi) swindling by overreaching, cheating, or defrauding the vulnerable adult through cunning arts or devices that delude the vulnerable adult and cause him to lose money or other property.

   (6) "Neglect" means the failure or omission of a caregiver to provide the care, goods, or services necessary to maintain the health or safety of a vulnerable adult including, but not limited to, food, clothing, medicine, shelter, supervision, and medical services and the failure or omission has caused, or presents a substantial risk of causing, physical or mental injury to the vulnerable adult. Noncompliance with regulatory standards alone does not constitute neglect. Neglect includes the inability of a vulnerable adult, in the absence of a caretaker, to provide for his or her own health or safety which produces or could reasonably be expected to produce serious physical or psychological harm or substantial risk of death.

    (8) "Physical abuse" means intentionally inflicting or allowing to be inflicted physical injury on a vulnerable adult by an act or failure to act. Physical abuse includes, but is not limited to, slapping, hitting, kicking, biting, choking, pinching, burning, actual or attempted sexual battery as defined in Section 16-3-651, use of medication outside the standards of reasonable medical practice for the purpose of controlling behavior, and unreasonable confinement. Physical abuse also includes the use of a restrictive or physically intrusive procedure to control behavior for the purpose of punishment except that a therapeutic procedure prescribed by a licensed physician or other qualified professional or that is part of a written plan of care by a licensed physician or other qualified professional is not considered physical abuse. Physical abuse does not include altercations or acts of assault between vulnerable adults.

   (10) "Psychological abuse" means deliberately subjecting a vulnerable adult to threats or harassment or other forms of intimidating behavior causing fear, humiliation, degradation, agitation, confusion, or other forms of serious emotional distress.

TITLE 43.  PUBLIC WELFARE  CHAPTER 47.  MISSISSIPPI VULNERABLE PERSONS ACT

  (a) "Abuse" means the commission of a willful act, or the willful omission of the performance of a duty, which act or omission contributes, tends to contribute to, or results in the infliction of physical pain, injury or mental anguish on or to a vulnerable person, the unreasonable confinement of a vulnerable person, or the willful deprivation by a caretaker of services which are necessary to maintain the mental or physical health of a vulnerable person. "Abuse" includes the sexual abuse delineated in Section 43-47-18. "Abuse" does not mean conduct that is a part of the treatment and care of, and in furtherance of the health and safety of, a patient or resident of a care facility, nor shall it mean a normal caregiving action or appropriate display of affection. "Abuse" includes, but is not limited to, a single incident.

  (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.

  (m) "Neglect" means either the inability of a vulnerable person who is living alone to provide for himself the food, clothing, shelter, health care or other services which are necessary to maintain his mental or physical health, or failure of a caretaker to supply the vulnerable person with the food, clothing, shelter, health care, supervision or other services which a reasonably prudent person would do to maintain the vulnerable person's mental and physical health. "Neglect" includes, but is not limited to, a single incident.

TITLE THIRTY-FOUR  Welfare  Chapter 15.  The Elder and Dependent Adult Abuse Prevention Act

     (a) "Abandonment" means the desertion or willful forsaking of an elder or dependent adult by anyone having care or custody of that person under circumstances in which a reasonable person would continue to provide care and custody.

   (b) "Abduction" means the removal from the dwelling or the territory or the restraint from returning to the dwelling or the territory, of any elder or dependent adult who does not have the capacity to consent to such removal or restraint, by any conservatee without the consent of the conservator or the court.

     (c) "Abuse of an elder or dependent adult" means any of the following:         (1) Physical, emotional or financial abuse, neglect, abandonment, isolation, abduction, or other treatment resulting in physical or emotional injury, maltreatment, sexual conduct with an elder or dependent adult, or exploitation of an elder or dependent adult by any person; or         (2) The deprivation by a care custodian of goods or services that are necessary to avoid physical or emotional injury; or         (3) Use of a physical or chemical restraint or psychotropic medication under any of the following conditions:             (A) For punishment;             (B) For a period beyond that for which the medication was ordered pursuant to the instructions of a physician or surgeon licensed in the Virgin Islands, who is providing medical care to the elder or dependent adult at the time the instructions are given; or             (C) For any purpose not authorized by a physician or surgeon.

  (l) "Exploitation" means an act or course of conduct to influence or interfere by misrepresentation, coercion or threats of force, whether for monetary, personal, or other benefit, gain or profit.

   (m) "Financial abuse" or "Financial exploitation/abuse" of an elder or dependent adult means when a person or entity does any of the following:         (1) Takes, secretes, appropriates, or retains real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud; or         (2) Assists in taking, secreting, appropriating, or retaining real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud.         (3) Not limited to fraud, taking money under false pretenses, forgery, forced or coerced property transfers, including use of legal guardianship arrangements or a power of attorney for changing of wills and titles to property, purchasing expensive items with the elder's assets or money without the person's knowledge, or denying the elder access to the elder's own funds or home.

   (u) "Mental suffering" means fear, agitation, confusion, severe depression, or other forms of serious emotional distress that is brought about by forms of intimidating behavior, threats, harassment, or by deceptive acts performed or false or misleading statements made with malicious intent to agitate, confuse, frighten, or cause severe depression or serious emotional distress of the elder or dependent adult.

    (w) "Neglect"/"Self-Neglect" means:         (1) The negligence or failure of any person having the care or custody of an elder or dependent adult or a duty to exercise that degree of care that a reasonable person in a like position would exercise; or         (2) The negligence or failure of an elder or dependent adult to exercise that degree of self-care that a reasonable person in a like position would exercise, including:             (A) Failure to assist in personal hygiene, or in the provision of food, clothing, or shelter;             (B) Failure to provide medical care for physical and mental health needs;             (C) Failure to protect from health and safety hazards;             (D) Failure to prevent malnutrition or dehydration, including prolonged or continual deprivation of food or water;             (E) Failure of elder or dependent adults to satisfy the needs specified in paragraphs (A) through (D), inclusive, for themselves as a result of poor cognitive functioning, mental limitation, substance abuse, or chronic poor health; and

Social Services Law  Article 9-B  Adult Protective Services  Title 1  Protective Services

 6. Definitions. … (a) "Physical abuse" means the non-accidental use of force that results in bodily injury, pain or impairment, including but not limited to, being slapped, burned, cut, bruised or improperly physically restrained.

     (b) "Sexual abuse" means non-consensual sexual contact of any kind, including but not limited to, forcing sexual contact or forcing sex with a third party.

   (c) "Emotional abuse" means willful infliction of mental or emotional anguish by threat, humiliation, intimidation or other abusive conduct, including but not limited to, frightening or isolating an adult.

   (d) "Active neglect" means willful failure by the caregiver to fulfill the care-taking functions and responsibilities assumed by the caregiver, including but not limited to, abandonment, willful deprivation of food, water, heat, clean clothing and bedding, eyeglasses or dentures, or health related services.

    (e) "Passive neglect" means non-willful failure of a caregiver to fulfill care-taking functions and responsibilities assumed by the caregiver, including but not limited to, abandonment or denial of food or health related services because of inadequate caregiver knowledge, infirmity, or disputing the value of prescribed services.

  (g) "Financial exploitation" means improper use of an adult's funds, property or resources by another individual, including but not limited to, fraud, false pretenses, embezzlement, conspiracy, forgery, falsifying records, coerced property transfers or denial of access to assets.

Title 51:  Public Welfare  Chapter 5101:  Department of Job and Family Services -- General Provisions  Adult Protective Services

     (A) "Abandonment" means desertion of an adult by a caretaker without having made provision for transfer of the adult's care.

     (B) "Abuse" means the infliction upon an adult by self or others of injury, unreasonable confinement, intimidation, or cruel punishment with resulting physical harm, pain, or mental anguish.

  (J) "Exploitation" means the unlawful or improper act of a person using, in one or more transactions, an adult or an adult's resources for monetary or personal benefit, profit, or gain when the person obtained or exerted control over the adult or the adult's resources in any of the following ways:         (1) Without the adult's consent or the consent of the person authorized to give consent on the adult's behalf;         (2) Beyond the scope of the express or implied consent of the adult or the person authorized to give consent on the adult's behalf;         (3) By deception;         (4) By threat;         (5) By intimidation.

(O) "Neglect" means any of the following:         (1) Failure of an adult to provide for self the goods or services necessary to avoid physical harm, mental anguish, or mental illness;         (2) Failure of a caretaker to provide such goods or services;         (3) Abandonment.

Title 52.  State Government, Departments and Officers  Subtitle 3.  Executive and Administrative Departments  Chapter 27D.  Department of Community Affairs  Article 9.  Department of Community Affairs Act

"Abuse" means the willful infliction of physical pain, injury or mental anguish, unreasonable confinement, or the willful deprivation of services which are necessary to maintain a person's physical and mental health.

"Exploitation" means the act or process of illegally or improperly using a person or his resources for another person's profit or advantage.

"Neglect" means an act or failure to act by a vulnerable adult or his caretaker which results in the inadequate provision of care or services necessary to maintain the physical and mental health of the vulnerable adult, and which places the vulnerable adult in a situation which can result in serious injury or which is life-threatening.