Elder Abuse and Elder Financial Exploitation Statutes

Title 63.2.  WELFARE (SOCIAL SERVICES)
Subtitle I. General Provisions Relating to Social Services
Chapter 1.- General Provisions
§ 63.2-100. Definitions.

“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)
Subtitle III. Social Services Programs
Chapter 16. Adult Services
Article 2. Adult Protective Services
§ 63.2-1603. Protection of adults; definitions.
As used in this article:

“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.

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;

(5) “Vulnerable adult” means any person over the age of 18, or an emancipated minor, who by reason of physical or mental condition is unable to independently carry on the daily activities of life necessary to sustaining life and reasonable health and protection;

CHAPTER 46. SOCIAL SERVICES
46.90. Elder abuse reporting system.

(ed) “Financial exploitation” means any of the following:
1. Obtaining an individual's money or property by deceiving or enticing the individual, or by forcing, compelling, or coercing the individual to give, sell at less than fair market value, or in other ways convey money or property against his or her will without his or her informed consent.
2. Theft, as prohibited in s. 943.20.
3. The substantial failure or neglect of a fiscal agent to fulfill his or her responsibilities.
4. Unauthorized use of an individual's personal identifying information or documents, as prohibited in s. 943.201.
5. Unauthorized use of an entity's identifying information or documents, as prohibited in s. 943.203.
6. Forgery, as prohibited in s. 943.38.
7. Financial transaction card crimes, as prohibited in s. 943.41.

(br) “Elder adult at risk” means any person age 60 or older who has experienced, is currently experiencing, or is at risk of experiencing abuse, neglect, self-neglect, or financial exploitation.

Title 35.  Public Health and Safety 
Chapter 20.  Adult Protective Services
§ 35-20-102.  Definitions.
(a) As used in this act:

(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.

(xviii) “Vulnerable adult” means any person eighteen (18) years of age or older who is unable to manage and take care of himself or his money, assets or property without assistance as a result of advanced age or physical or mental disability;

Maryland Criminal Law
Title 3. Other Crimes Against the Person
Subtitle 6. Abuse and Other Offensive Conduct
§ 3-604. Abuse or neglect of vulnerable adult

Definitions
(a)(1) In this section and §§ 3-605 and 3-606 of this subtitle the following words have the meanings indicated.

(10) “Vulnerable adult” means an adult who lacks the physical or mental capacity to provide for the adult's daily needs.

Title 16. Crimes and Offenses
Chapter 5. Crimes Against the Person
Article 8. Protection of Elder Persons
§ 16-5-100. Definitions

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.

Title 11. Criminal Offenses
Chapter 68. Exploitation of Elders
§ 11-68-1. Definitions

As used in this chapter:

(4) “Elder person” means a person sixty-five (65) years of age or older.

Title 22. Crimes
Chapter 22-46. Abuse, Neglect, or Exploitation of Elders or Adults with Disabilities
§ 22-46-3. Theft by exploitation--Penalty

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.

Title 11. Crimes and Criminal Procedure
Part 1. Delaware Criminal Code
Chapter 5. Specific Offenses
Subchapter V. Offenses Relating to Children and Vulnerable Adults
Subpart A. Child Welfare; Sexual Offenses
§ 1105. Crimes against a vulnerable adult

(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:
Title 11:
§ 601 Offensive touching
§ 602(a) Menacing
§ 602(b) Aggravated Menacing
§ 603 Reckless endangering in the second degree
§ 604 Reckless endangering in the first degree
§ 605 Abuse of a pregnant female in the second degree
§ 606 Abuse of a pregnant female in the first degree
§ 611 Assault in the third degree
§ 612 Assault in the second degree
§ 621 Terroristic threatening
§ 622 Hoax device
§ 625 Unlawfully administering drugs
§ 626 Unlawfully administering controlled substance or counterfeit substance or narcotic drugs
§ 645 Promoting suicide
§ 763 Sexual harassment
§ 764 Indecent exposure in the second degree
§ 766 Incest
§ 767 Unlawful sexual contact in the third degree
§ 769 Unlawful sexual contact in the first degree
§ 770 Rape in the fourth degree
§ 774 Sexual extortion
§ 780 Female genital mutilation
§ 781 Unlawful imprisonment in the second degree
§ 782 Unlawful imprisonment in the first degree
§ 783 Kidnapping in the second degree
§ 791 Acts constituting coercion
§ 811 Criminal mischief
§ 825 Burglary in the second degree
§ 831 Robbery in the second degree
§ 835 Carjacking in the second degree
§ 841 Theft, except paragraph (c)(3)b
§ 841A Theft of a motor vehicle
§ 842 Theft; lost or mislaid property
§ 843 Theft; false pretense
§ 844 Theft; false promise
§ 846 Extortion
§ 848 Misapplication of property
§ 853 Unauthorized use of a vehicle
§ 854 Identity theft
§ 861 Forgery
§ 903 Unlawful use of payment card
§ 909 Securing execution of documents by deception
§ 914 Use of consumer identification information
§ 916 Home improvement fraud
§ 917 New home construction fraud, except paragraph (d)(3)
§ 1001 Bigamy
§ 1311 Harassment
§ 1312 Stalking, except paragraphs (d)(1) and (d)(2)
§ 1335 Violation of privacy
§ 1339 Adulteration
§ 1451 Theft of a firearm
Title 6:
§ 73-604 Securities fraud.

(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.

Title 11. Crimes and Criminal Procedure
Part 1. Delaware Criminal Code
Chapter 2. General Provisions Concerning Offenses
§ 222. General Definitions

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.

Title Thirteen. Crimes and Criminal Procedure 
Part 1. Crimes
Chapter 28. Abuse, Neglect, and Exploitation of Vulnerable Adults
§ 1375. Definitions

As used in this chapter:

(8) “Vulnerable adult” means any person 18 years of age or older who:
(A) is a resident of a facility required to be licensed under 33 V.S.A. chapter 71;
(B) is a resident of a psychiatric hospital or a psychiatric unit of a hospital;
(C) has been receiving personal care and services from an agency certified by the Vermont Department of Disabilities, Aging and Independent Living or from a person or organization that offers, provides, or arranges for personal care; or
(D) regardless of residence or whether any type of service is received, is impaired due to brain damage, infirmities of aging, or a physical, mental, or developmental disability that results in some impairment of the individual's ability to:
(i) provide for his or her own care without assistance, including the provision of food, shelter, clothing, health care, supervision, or management of finances; or
(ii) protect himself or herself from abuse, neglect, or exploitation.

Title Thirteen. Crimes and Criminal Procedure 
Part 1. Crimes
Chapter 28. Abuse, Neglect, and Exploitation of Vulnerable Adults
§ 1380. Financial exploitation

(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.
(b) A person who violates subsection (a) of this section, and exploits money, funds, or property of no more than $500.00 in value, shall be imprisoned not more than 18 months or fined not more than $10,000.00, or both.
(c) A person who violates subsection (a) of this section, and exploits money, funds, or property in excess of $500.00 in value, shall be imprisoned not more than 10 years or fined not more than $10,000.00, or both.

Title 18. Crimes and Offenses
Part II. Definition of Specific Offenses
Article C. Offenses Against Property
Chapter 39. Theft and Related Offenses
Subchapter B. Definition of Offenses
§  3922.1. Financial exploitation of an older adult or care-dependent person
(a) Offense defined.--A person in a position of trust who commits the offense of financial exploitation of an older adult or care-dependent person shall be subject to the criminal penalties specified under subsection (b).
(f) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:
“Financial exploitation.” The wrongful or unauthorized taking or attempt to take by withholding, appropriating, concealing or using the money, assets or property of an older adult or care-dependent person, including any act or omission taken by a person, including through the use of a power of attorney, guardian, custodian, trustee, personal representative or conservator of an older adult or care-dependent person or by an individual who stands in a position of trust and confidence with an older adult or care-dependent person, including business transactions to:
(1) obtain or attempt to obtain control, through deception, intimidation or undue influence, over the older adult's or care-dependent person's money, assets or property to deprive the older adult or care-dependent person of the ownership, use, benefit or possession of the older adult's or care-dependent person's money, assets or property; or
(2) convert or attempt to convert money, assets or property of the older adult or care-dependent person to deprive the older adult or care-dependent person of the ownership, use, benefit or possession of the older adult's or care-dependent person's money, assets or property.

“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.
“Older adult.” A person who is at least 60 years of age.

Title 21. Crimes and Punishments
Part III. Crimes Against the Person
Chapter 30. Miscellaneous Offenses Against the Person
Abuse of Elderly or Disabled Persons
§ 843.4. Exploitation of elderly or disabled adult

A. As used in this section, “exploitation of an elderly person or disabled adult” means:
1. Knowingly, by deception or intimidation, 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:
a. stands in a position of trust and confidence with the elderly person or disabled adult, or
b. has a business relationship with the elderly person or disabled adult, or
2. 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. For purposes of this section, “elderly person” means any person sixty-two (62) years of age or older.

Chapter 720. Criminal Offenses
Criminal Code
Act 5. Criminal Code of 2012
Title III. Specific Offenses
Part C. Offenses Directed Against Property
Article 17. Deception and Fraud
Subdivision 35. Miscellaneous Special Fraud
5/17-56. Financial exploitation of an elderly person or a person with a disability

(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:
(1) by deception or intimidation obtains control over the property of an elderly person or a person with a disability; or
(2) illegally uses the assets or resources of an elderly person or a person with a disability.

(c) For purposes of this Section:
(1) “Elderly person” means a person 60 years of age or older.
(2) “Person with a disability” means a person who suffers from a physical or mental impairment resulting from disease, injury, functional disorder or congenital condition that impairs the individual's mental or physical ability to independently manage his or her property or financial resources, or both.

Title 5. Criminal Offenses
Subtitle 3. Offenses Involving Families, Dependents, Etc.
Chapter 28. Abuse of Adults
Subchapter 1. General Provisions
§ 5-28-101. Definitions

As Used in this chapter:

(6) “Exploitation” means:
(A) The illegal or unauthorized use or management of an adult endangered person's or an adult impaired person's funds, assets, or property or the use of an adult endangered person's or an adult impaired person's person, power of attorney, or guardianship for the profit or advantage of the actor or another person; or
(B) Misappropriation of property of an adult long-term care facility resident which means the deliberate misplacement, exploitation, or wrongful, temporary, or permanent use of an adult long-term care facility resident's belongings or money without the adult long-term care facility resident's consent;

(5) “Endangered person” means:
(A) An adult who:
(i) Is found to be in a situation or condition that poses an imminent risk of death or serious bodily harm to the adult; and
(ii) Demonstrates a lack of capacity to comprehend the nature and consequences of remaining in that situation or condition; or
(B) A long-term care facility resident who:
(i) Is found to be in a situation or condition which poses an imminent risk of death or serious bodily harm to the person; and
(ii) Demonstrates a lack of capacity to comprehend the nature and consequences of remaining in that situation or condition;

(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.
(B) For purposes of this chapter, a long-term care facility resident is presumed to be an "impaired person";

Title 5. Criminal Offenses
Subtitle 3. Offenses Involving Families, Dependents, Etc.
Chapter 28. Abuse of Adults
Subchapter 1. General Provisions
§ 5-28-103. Criminal penalties for abuse of an endangered or impaired person

(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:
(1) Two thousand five hundred dollars ($2,500) or more, is guilty of a Class B felony;
(2) Less than two thousand five hundred dollars ($2,500) but more than two hundred dollars ($200), is guilty of a Class C felony; and
(3) Two hundred dollars ($200) or less, is guilty of a Class A misdemeanor.

Title 13. Criminal Code
Chapter 18. Theft
§13-1802. Theft; classification; definitions

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.

Title 14. Trusts, Estates and Protective Proceedings
Chapter 5. Protection of Persons Under Disability and Their Property
Article 1. General Provisions
§ 14-5101. Definitions.

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.

Title 46. Welfare
Chapter 4. Adult Protective Services
Article 1. General Provisions
§ 46-451. Definitions; program goals

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.

Title 18. Criminal Code
Article 6.5 Wrongs to at-Risk Adults
§ 18-6.5-103. Crimes against at risk persons - classifications

(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.

Title 18. Criminal Code
Article 6.5 Wrongs to at-Risk Adults
§ 18-6.5-102. Definitions

As used in this article 6.5, unless the context otherwise requires:

(10) “Exploitation” means an act or omission committed by a person who:
(a) 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;
(b) Employs the services of a third party for the profit or advantage of the person or another person to the detriment of the at-risk person;
(c) Forces, compels, coerces, or entices an at-risk person to perform services for the profit or advantage of the person or another person against the will of the at-risk person; or
(d) Misuses the property of an at-risk person in a manner that adversely affects the at-risk person's ability to receive health care or health care benefits or to pay bills for basic needs or obligations.

(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.

California Penal Code
Part 1. Of Crimes and Punishments 
Title 9. Of Crimes Against the Person Involving Sexual Assault, and Crimes Against Public Decency and Good Morals
Chapter 13. Crimes Against Elders, Dependent Adults, and Persons with Disabilities 
§ 368. Crimes against elder or dependent adults

(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.

TITLE 13A Criminal Code                                                       
CHAPTER 6 Offenses Involving Danger to the Person  
Article 9 Protecting Alabama’s Elders Act                                   
§ 13A-6-191. Definitions.

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.

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.
§ 22-932. Definitions.

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.