Elder Abuse and Elder Financial Exploitation Statutes
Citation | Statute |
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Civil Financial Exploitation
Va. Code Ann. § 63.2-100 (2022) ; Va. Code Ann. § 63.2-1603 (2022) |
Title 63.2. WELFARE (SOCIAL SERVICES) “Adult exploitation” means the illegal, unauthorized, improper, or fraudulent use of an adult as defined in § 63.2-1603 or his funds, property, benefits, resources, or other assets for another's profit, benefit, or advantage, including a caregiver or person serving in a fiduciary capacity, or that deprives the adult of his rightful use of or access to such funds, property, benefits, resources, or other assets. “Adult exploitation” includes (i) an intentional breach of a fiduciary obligation to an adult to his detriment or an intentional failure to use the financial resources of an adult in a manner that results in neglect of such adult; (ii) the acquisition, possession, or control of an adult's financial resources or property through the use of undue influence, coercion, or duress; and (iii) forcing or coercing an adult to pay for goods or services or perform services against his will for another's profit, benefit, or advantage if the adult did not agree, or was tricked, misled, or defrauded into agreeing, to pay for such goods or services or to perform such services. Title 63.2. WELFARE (SOCIAL SERVICES) “Adult” means any person 60 years of age or older, or any person 18 years of age or older who is incapacitated and who resides in the Commonwealth; provided, however, “adult” may include qualifying nonresidents who are temporarily in the Commonwealth and who are in need of temporary or emergency protective services. “Financial exploitation” means the illegal, unauthorized, improper, or fraudulent use of the funds, property, benefits, resources, or other assets of an adult for another's profit, benefit, or advantage, including a caregiver or person serving in a fiduciary capacity, or that deprives the adult of his rightful use of or access to such funds, property, benefits, resources, or other assets. “Financial exploitation” includes (i) an intentional breach of a fiduciary obligation to an adult to his detriment or an intentional failure to use the financial resources of an adult in a manner that results in neglect of such adult; (ii) the acquisition, possession, or control of an adult's financial resources or property through the use of undue influence, coercion, or duress; and (iii) forcing or coercing an adult to pay for goods or services against his will for another's profit, benefit, or advantage if the adult did not agree, or was tricked, misled, or defrauded into agreeing, to pay for such goods or services. “Incapacitated person” means any adult who is impaired by reason of mental illness, intellectual disability, physical illness or disability, advanced age or other causes to the extent that the adult lacks sufficient understanding or capacity to make, communicate or carry out responsible decisions concerning his or her well-being. |
Civil Financial Exploitation
W. Va. Code § 9-6-1 (2022) |
Chapter 9. Human Services. Article 6. Social Services for Adults. § 9-6-1. Definitions (7) “Financial exploitation” means the intentional misappropriation, misuse, or use of undue influence to cause the misuse of funds or assets of a vulnerable adult or facility resident, but does not apply to a transaction or disposition of funds or assets where a person made a good-faith effort to assist the vulnerable adult or facility resident with the management of his or her money or other things of value;
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Civil Financial Exploitation
Wis. Stat. § 46.90 (2020) |
CHAPTER 46. SOCIAL SERVICES (ed) “Financial exploitation” means any of the following:
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Civil Financial Exploitation
Wyo. Stat. § 35-20-102 (2022) |
Title 35. Public Health and Safety (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:
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Criminal Financial Exploitation
Md. CRIMINAL LAW Code Ann. § 3-604(a)(1), (10) (2022) |
Maryland Criminal Law Definitions (10) “Vulnerable adult” means an adult who lacks the physical or mental capacity to provide for the adult's daily needs. |
Criminal Financial Exploitation
O.C.G.A. § 16-5-100(3), (4) & (6) (2022) |
Title 16. Crimes and Offenses As used in this article, the term: (6) “Exploit” means illegally or improperly using a disabled adult or elder person or that person's resources through undue influence, coercion, harassment, duress, deception, false representation, false pretense, abuse of access, or other similar means for one's own or another person's profit or advantage. (3) "Disabled adult" means a person 18 years of age or older who is mentally or physically incapacitated or has Alzheimer's disease or dementia. (4) “Elder person” means a person 65 years of age or older. |
Criminal Financial Exploitation
R.I. Gen. Laws Section 11-68-1(4) (2022) |
Title 11. Criminal Offenses As used in this chapter: (4) “Elder person” means a person sixty-five (65) years of age or older. |
Criminal Financial Exploitation
S.D. Codified Laws § 22-46-3 (2022) |
Title 22. Crimes Any person who, having assumed the duty voluntarily, by written contract, by receipt of payment for care, or by order of a court to provide for the support of an elder or an adult with a disability, and having been entrusted with the property of that elder or adult with a disability, with intent to defraud, appropriates such property to a use or purpose not in the due and lawful execution of that person's trust, is guilty of theft by exploitation. Theft by exploitation is punishable as theft pursuant to chapter 22-30A. |
Criminal Financial Exploitation
11 Del. C. § 1105(a), (c) & (f) (2022) |
Title 11. Crimes and Criminal Procedure (a) Any person who commits, or attempts to commit, any of the crimes or offenses set forth in subsection (f) of this section against a person who is a vulnerable adult is guilty of a crime against a vulnerable adult. (f) The following shall be underlying offenses for the purposes of this section: (c) “Vulnerable adult” means a person 18 years of age or older who, by reason of isolation, sickness, debilitation, mental illness or physical, mental or cognitive disability, is easily susceptible to abuse, neglect, mistreatment, intimidation, manipulation, coercion or exploitation. Without limitation, the term “vulnerable adult” includes any adult for whom a guardian or the person or property has been appointed. |
Criminal Financial Exploitation
11 Del. C. § 222(10) (2022) |
Title 11. Crimes and Criminal Procedure When used in this Criminal Code: (10) “Elderly person” means any person who is 62 years of age or older. Thus, the terms “elderly person” and “person who is 62 years of age or older” shall have the same meaning as used in this Code or in any action brought pursuant to this Code. |
Criminal Financial Exploitation
13 V.S.A. § 1375(8) (2022) |
Title Thirteen. Crimes and Criminal Procedure As used in this chapter: (8) “Vulnerable adult” means any person 18 years of age or older who: |
Criminal Financial Exploitation
13 V.S.A. § 1380 (2022) |
Title Thirteen. Crimes and Criminal Procedure (a) No person shall willfully use, withhold, transfer, or dispose of funds or property of a vulnerable adult, without or in excess of legal authority, for wrongful profit or advantage. No person shall willfully acquire possession or control of or an interest in funds or property of a vulnerable adult through the use of undue influence, harassment, duress, or fraud. |
Criminal Financial Exploitation
18 Pa. Stat. § 3922.1(a) & (f) (2022) |
Title 18. Crimes and Offenses “Care-dependent person.” An adult who, due to physical or cognitive disability or impairment, requires assistance to meet needs for food, shelter, clothing, personal care or health care. |
Criminal Financial Exploitation
21 Okl. St. § 843.4(A) & (C) (2022) |
Title 21. Crimes and Punishments A. As used in this section, “exploitation of an elderly person or disabled adult” means: C. For purposes of this section, “elderly person” means any person sixty-two (62) years of age or older. |
Criminal Financial Exploitation
720 ILCS 5/17-56(a) & (c)(1)-(2) (2022) |
Chapter 720. Criminal Offenses (a) A person commits financial exploitation of an elderly person or a person with a disability when he or she stands in a position of trust or confidence with the elderly person or a person with a disability and he or she knowingly: (c) For purposes of this Section: |
Criminal Financial Exploitation
A.C.A. § 5-28-101(5), (6) & (8) (2022) |
Title 5. Criminal Offenses As Used in this chapter: (6) “Exploitation” means: (5) “Endangered person” means: (8)(A) "Impaired person" means a person eighteen (18) years of age or older who as a result of mental or physical impairment is unable to protect himself or herself from abuse, sexual abuse, neglect, or exploitation, and as a consequence of this inability to protect himself or herself is endangered. |
Criminal Financial Exploitation
A.C.A. § 5-28-103(a) & (d) (2022) |
Title 5. Criminal Offenses (a) It is unlawful for any person or caregiver to abuse, neglect, or exploit any endangered person or impaired person subject to protection under a provision of this chapter. (d) Any person or caregiver who exploits a person in violation of a provision of this chapter when the value of the property, asset, or resource is: |
Criminal Financial Exploitation
A.R.S. § 13-1802(B) & (K)(6) (2022) |
Title 13. Criminal Code B. A person commits theft if, without lawful authority, the person knowingly takes control, title, use or management of a vulnerable adult's property while acting in a position of trust and confidence and with the intent to deprive the vulnerable adult of the property. Proof that a person took control, title, use or management of a vulnerable adult's property without adequate consideration to the vulnerable adult may give rise to an inference that the person intended to deprive the vulnerable adult of the property. K. For the purposes of this section: 6. “Vulnerable adult” has the same meaning prescribed in § 46–451. |
Criminal Financial Exploitation
A.R.S. § 14-5101(3) (2022) |
Title 14. Trusts, Estates and Protective Proceedings In this title, unless the context otherwise requires: 3. “Incapacitated person” means any person who is impaired by reason of mental illness, mental deficiency, mental disorder, physical illness or disability, chronic use of drugs, chronic intoxication or other cause, except minority, to the extent that he lacks sufficient understanding or capacity to make or communicate responsible decisions concerning his person. In cases of limited guardianship only, a person is not deemed an incapacitated person for purposes of voting if the person files a petition and has a hearing and the judge determines by clear and convincing evidence that the person retains sufficient understanding to exercise the right to vote pursuant to § 14–5304.02. |
Criminal Financial Exploitation
A.R.S. § 46-451(A)(12) (2022) |
Title 46. Welfare A. In this chapter, unless the context otherwise requires: 12. “Vulnerable adult” means an individual who is eighteen years of age or older and who is unable to protect himself from abuse, neglect or exploitation by others because of a physical or mental impairment. Vulnerable adult includes an incapacitated person as defined in § 14–5101. |
Criminal Financial Exploitation
C.R.S. § 18-6.5-103(1) & (7.5)(a) (2022) |
Title 18. Criminal Code (1) Crimes against at-risk persons are as prescribed in this section. (7.5)(a) A person commits criminal exploitation of an at-risk person when he or she knowingly uses deception, harassment, intimidation, or undue influence to permanently or temporarily deprive an at-risk person of the use, benefit, or possession of any thing of value. |
Criminal Financial Exploitation
C.R.S. 18-6.5-102(2), (2.5), (3), (4.5) & (10) (2022) |
Title 18. Criminal Code As used in this article 6.5, unless the context otherwise requires: (10) “Exploitation” means an act or omission committed by a person who: (2) “At-risk adult” means any person who is seventy years of age or older or any person who is eighteen years of age or older and is a person with a disability as said term is defined in subsection (11) of this section. (2.5) “At-risk adult with IDD” means a person who is eighteen years of age or older and is a person with an intellectual and developmental disability, as defined in section 25.5–10–202(26)(a), C.R.S. (3) “At-risk elder” means any person who is seventy years of age or older. (4.5) “At-risk person” means an at-risk adult, an at-risk adult with IDD, an at-risk elder, or an at-risk juvenile. |
Criminal Financial Exploitation
Cal. Penal Code § 368(d), (e), (g) & (h) (2022) |
California Penal Code (d) A person who is not a caretaker who violates any provision of law proscribing theft, embezzlement, forgery, or fraud, or who violates Section 530.5 proscribing identity theft, with respect to the property or personal identifying information of an elder or a dependent adult, and who knows or reasonably should know that the victim is an elder or a dependent adult, is punishable as follows:... (e) A caretaker of an elder or a dependent adult who violates any provision of law proscribing theft, embezzlement, forgery, or fraud, or who violates Section 530.5 proscribing identity theft, with respect to the property or personal identifying information of that elder or dependent adult, is punishable as follows:... (g) As used in this section, “elder” means a person who is 65 years of age or older. (h) As used in this section, “dependent adult” means a person, regardless of whether the person lives independently, who is between the ages of 18 and 64, who has physical or mental limitations which restrict his or her ability to carry out normal activities or to protect his or her rights, including, but not limited to, persons who have physical or developmental disabilities or whose physical or mental abilities have diminished because of age. “Dependent adult” includes a person between the ages of 18 and 64 who is admitted as an inpatient to a 24-hour health facility, as defined in Sections 1250, 1250.2, and 1250.3 of the Health and Safety Code. |
Criminal Financial Exploitation
Code of Ala. § 13A-6-191(3) & (5) (2022) |
TITLE 13A Criminal Code For purposes of this chapter, the following terms shall have the following meanings: (5) Financial exploitation. — The use of deception, intimidation, undue influence, force, or threat of force to obtain or exert unauthorized control over an elderly person’s property with the intent to deprive the elderly person of his or her property or the breach of a fiduciary duty to an elderly person by the person’s guardian, conservator, or agent under a power of attorney which results in an unauthorized appropriation, sale, or transfer of the elderly person’s property. (3) Elderly person. — A person 60 years of age or older. |
Criminal Financial Exploitation
D.C. Code § 22-932(3) & (5) (2022) |
Division IV. Criminal Law and Procedure and Prisoners. For the purposes of this chapter, the term: (3) “Elderly person” means a person who is 65 years of age or older. (5) “Vulnerable adult” means a person who is 18 years of age or older and has one or more physical or mental limitations that substantially impair the person's ability to independently provide for his or her daily needs or safeguard his or her person, property, or legal interests. |