Elder Abuse and Elder Financial Exploitation Statutes

Title 18.2. Crimes and Offenses Generally
Chapter 6. Crimes Involving Fraud
Article 3. False Pretenses
§ 18.2-178.2. Financial exploitation by an agent; penalty.

A. As used in this section:

“Agent” means the same as that term is defined in § 64.2-1600.

“Financial exploitation” means the illegal, unauthorized, or fraudulent use, or deprivation of use, of the property of a vulnerable adult with the intention of benefiting someone other than the vulnerable adult.

“Power of attorney” means a writing or other record that grants authority to an agent to act in the place of the principal, whether or not the term “power of attorney” is used.

“Principal” means an individual who grants authority to an agent in a power of attorney.

“Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

“Vulnerable adult” means the same as that term is defined in § 18.2-369.

B. An agent under a power of attorney who knowingly or intentionally engages in financial exploitation of a vulnerable adult who is the principal of that agent is guilty of a Class 1 misdemeanor. A violation of this section shall constitute a separate and distinct offense. If the acts or activities violating this section also violate another provision of law, a prosecution under this section shall not prohibit or bar any prosecution or proceeding under such other provision or the imposition of any penalties provided for thereby.

Title 18.2. Crimes and Offenses Generally 
Chapter 8. Crimes Involving Morals and Decency
Article 4. Family Offenses; Crimes Against Children, Etc.
§ 18.2-369. Abuse and neglect of vulnerable adults; penalties

C. For purposes of this section: “Vulnerable adult” means any person 18 years of age or older who is impaired by reason of mental illness, intellectual or developmental disability, physical illness or disability, or other causes, including age, to the extent the adult lacks sufficient understanding or capacity to make, communicate, or carry out reasonable decisions concerning his well-being or has one or more limitations that substantially impair the adult's ability to independently provide for his daily needs or safeguard his person, property, or legal interests.

Chapter 61. Crimes and Their Punishment
Article 2. Crimes Against the Person 
§ 61-2-29b. Financial exploitation of an elderly person, protected person, or incapacitated adult; penalties; definitions

(h) For the purposes of this section:

(3) “Financial exploitation” or “financially exploit” means the intentional misappropriation or misuse of funds or assets of an elderly person, protected person, or incapacitated adult, but shall not apply to a transaction or disposition of funds or assets where the accused made a good-faith effort to assist the elderly person, protected person, or incapacitated adult with the management of his or her money or other things of value; and

(1) “Incapacitated adult” means a person as defined by § 61-2-29 of this code;

(2) “Elderly person” means a person who is 65 years or older;

(4) “Protected person” means any person who is defined as a “protected person” in § 44A-1-4 of this code and who is subject to the protections of chapter 44A or 44C of this code.

Title 9a. Washington Criminal Code 
Chapter 9A.56. Theft and Robbery 
§ 9A.56.010. Definitions

The following definitions are applicable in this chapter unless the context otherwise requires:

(22) “Vulnerable adult” includes a person eighteen years of age or older who:
(a) Is functionally, mentally, or physically unable to care for himself or herself; or
(b) Is suffering from a cognitive impairment other than voluntary intoxication;

Title 9a. Washington Criminal Code 
Chapter 9A.56. Theft and Robbery 
§ 9A.56.400. Theft from a vulnerable adult in the first degree--Theft from a vulnerable adult in the second degree

(1)(a) A person is guilty of theft from a vulnerable adult in the first degree if he or she commits theft of property or services that exceed(s) five thousand dollars in value, other than a firearm as defined in RCW 9.41.010, of a vulnerable adult. The defendant must have known or should have known that the victim was a vulnerable adult.
(b) Theft from a vulnerable adult in the first degree is a class B felony.
(2)(a) A person is guilty of theft from a vulnerable adult in the second degree if he or she commits theft of property or services that exceed(s) seven hundred fifty dollars in value but does not exceed five thousand dollars in value, other than a firearm as defined in RCW 9.41.010 or a motor vehicle, of a vulnerable adult. The defendant must have known or should have known that the victim was a vulnerable adult.
(b) Theft from a vulnerable adult in the second degree is a class C felony.

Social Services (Ch. 46 to 58)
Chapter 46. Social Services 
§ 46.90. Elder abuse reporting system

(1) Definitions. In this section:

(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.

Charitable, Curative, Reformatory and Penal Institutions and Agencies (Chs. 46 — 58)
Chapter 55. Protective Service System (§§ 55.001 — 55.23)
55.01. Definitions.

(1e) “Adult at risk” means any adult who has a physical or mental condition that substantially impairs his or her ability to care for his or her needs and who has experienced, is currently experiencing, or is at risk of experiencing abuse, neglect, self-neglect, or financial exploitation.

Crimes (Ch. 938 to 951)
Chapter 943. Crimes Against Property 
Subchapter III. Misappropriation
§ 943.20. Theft

(1) Acts. Whoever does any of the following may be penalized as provided in sub. (3):
(a) Intentionally takes and carries away, uses, transfers, conceals, or retains possession of movable property of another without the other's consent and with intent to deprive the owner permanently of possession of such property.
(b) By virtue of his or her office, business or employment, or as trustee or bailee, having possession or custody of money or of a negotiable security, instrument, paper or other negotiable writing of another, intentionally uses, transfers, conceals, or retains possession of such money, security, instrument, paper or writing without the owner's consent, contrary to his or her authority, and with intent to convert to his or her own use or to the use of any other person except the owner. A refusal to deliver any money or a negotiable security, instrument, paper or other negotiable writing, which is in his or her possession or custody by virtue of his or her office, business or employment, or as trustee or bailee, upon demand of the person entitled to receive it, or as required by law, is prima facie evidence of an intent to convert to his or her own use within the meaning of this paragraph.
(c) Having a legal interest in movable property, intentionally and without consent, takes such property out of the possession of a pledgee or other person having a superior right of possession, with intent thereby to deprive the pledgee or other person permanently of the possession of such property.
(d) Obtains title to property of another person by intentionally deceiving the person with a false representation which is known to be false, made with intent to defraud, and which does defraud the person to whom it is made. “False representation” includes a promise made with intent not to perform it if it is a part of a false and fraudulent scheme.
(e) Intentionally fails to return any personal property which is in his or her possession or under his or her control by virtue of a written lease or written rental agreement after the lease or rental agreement has expired. This paragraph does not apply to a person who returns personal property, except a motor vehicle, which is in his or her possession or under his or her control by virtue of a written lease or written rental agreement, within 10 days after the lease or rental agreement expires.
(2) Definitions. In this section:
(ac) “Adult at risk” has the meaning given in s. 55.01(1e).
(ad) “Elder adult at risk” has the meaning given in s. 46.90(1)(br).
(ae) “Individual at risk” means an elder adult at risk or an adult at risk.
(ag) “Movable property” is property whose physical location can be changed, without limitation including electricity and gas, documents which represent or embody intangible rights, and things growing on, affixed to or found in land.
(am) “Patient” has the meaning given in s. 940.295(1)(L).
(b) “Property” means all forms of tangible property, whether real or personal, without limitation including electricity, gas and documents which represent or embody a chose in action or other intangible rights.
(c) “Property of another” includes property in which the actor is a co-owner and property of a partnership of which the actor is a member, unless the actor and the victim are husband and wife.
(cm) “Resident” has the meaning given in s. 940.295(1)(p).
(d) Except as otherwise provided in this paragraph, “value” means the market value at the time of the theft or the cost to the victim of replacing the property within a reasonable time after the theft, whichever is less. If the property stolen is a document evidencing a chose in action or other intangible right, “value” means either the market value of the chose in action or other right or the intrinsic value of the document, whichever is greater. If the property stolen is scrap metal, as defined in s. 134.405(1)(f), or “plastic bulk merchandise container” as defined in s. 134.405(1)(em), “value” also includes any costs that would be incurred in repairing or replacing any property damaged in the theft or removal of the scrap metal or plastic bulk merchandise container. If the thief gave consideration for, or had a legal interest in, the stolen property, the amount of such consideration or value of such interest shall be deducted from the total value of the property.
(3) Penalties. Whoever violates sub. (1):
(a) If the value of the property does not exceed $2,500, is guilty of a Class A misdemeanor.
(bf) If the value of the property exceeds $2,500 but does not exceed $5,000, is guilty of a Class I felony.
(bm) If the value of the property exceeds $5,000 but does not exceed $10,000, is guilty of a Class H felony.
(c) If the value of the property exceeds $10,000 but does not exceed $100,000, is guilty of a Class G felony.
(cm) If the value of the property exceeds $100,000, is guilty of a Class F felony.
(d) If any of the following circumstances exists, is guilty of a Class H felony:
1. The property is a domestic animal.
3. The property is taken from a building which has been destroyed or left unoccupied because of physical disaster, riot, bombing or the proximity of battle.
4. The property is taken after physical disaster, riot, bombing or the proximity of battle has necessitated its removal from a building.
5. The property is a firearm.
6. The property is taken from a patient or resident of a facility or program under s. 940.295(2) or from an individual at risk.
(e) If the property is taken from the person of another or from a corpse, is guilty of a Class G felony.
(4) Use of photographs as evidence. In any action or proceeding for a violation of sub. (1), a party may use duly identified and authenticated photographs of property which was the subject of the violation in lieu of producing the property.

(2) Definitions. In this section:
(ac) “Adult at risk” has the meaning given in s. 55.01(1e).
(ad) “Elder adult at risk” has the meaning given in s. 46.90(1)(br).
(ae) “Individual at risk” means an elder adult at risk or an adult at risk.

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;

Title 6. Crimes and Offenses
Chapter 2. Offenses Against the Person
Article 5. Assault and Battery
§ 6-2-507. Abuse, neglect, abandonment, intimidation or exploitation of a vulnerable adult; penalties

(a) Except under circumstances constituting a violation of W.S. 6-2-502, a person is guilty of abuse, neglect, abandonment or exploitation of a vulnerable adult if the person intentionally or recklessly abuses, neglects, abandons, intimidates or exploits a vulnerable adult.

(e) As used in this section:

(v) “Exploitation” means as defined in W.S. 35-20-102(a)(ix);

(vii) “Vulnerable adult” means as defined in W.S. 35-20-102(a)(xviii).

Title 43A.  Mental Health  Chapter 1.  Mental Health Law of 1986  Protective Services for Vulnerable Adults Act

8. "Abuse" means causing or permitting: a. the infliction of physical pain, injury, sexual abuse, sexual exploitation, unreasonable restraint or confinement, or mental anguish, or   b. the deprivation of nutrition, clothing, shelter, health care, or other care or services without which serious physical or mental injury is likely to occur to a vulnerable adult by a caretaker or other person providing services to a vulnerable adult;

  9. "Exploitation" or "exploit" means an unjust or improper use of the resources of a vulnerable adult for the profit or advantage, pecuniary or otherwise, of a person other than the vulnerable adult through the use of undue influence, coercion, harassment, duress, deception, false representation or false pretense;

10. "Financial neglect" means repeated instances by a caretaker, or other person, who has assumed the role of financial management, of failure to use the resources available to restore or maintain the health and physical well-being of a vulnerable adult, including, but not limited to:         a. squandering or negligently mismanaging the money, property, or accounts of a vulnerable adult,         b. refusing to pay for necessities or utilities in a timely manner, or         c. providing substandard care to a vulnerable adult despite the availability of adequate financial resources;

11. "Neglect" means:         a. the failure to provide protection for a vulnerable adult who is unable to protect his or her own interest,         b. the failure to provide a vulnerable adult with adequate shelter, nutrition, health care, or clothing, or         c. negligent acts or omissions that result in harm or the unreasonable risk of harm to a vulnerable adult through the action, inaction, or lack of supervision by a caretaker providing direct services;

12. "Sexual abuse" means:         a. oral, anal, or vaginal penetration of a vulnerable adult by or through the union with the sexual organ of a caretaker or other person providing services to the vulnerable adult, or the anal or vaginal penetration of a vulnerable adult by a caretaker or other person providing services to the vulnerable adult with any other object, or         b. for the purpose of sexual gratification, the touching, feeling or observation of the body or private parts of a vulnerable adult by a caretaker or other person providing services to the vulnerable adult, or         c. indecent exposure by a caretaker or other person providing services to the vulnerable adult;

     13. "Indecent exposure" means forcing or requiring a vulnerable adult to:         a. look upon the body or private parts of another person or upon sexual acts performed in the presence of the vulnerable adult, or         b. touch or feel the body or private parts of another;

   15. "Sexual exploitation" includes, but is not limited to, a caretaker's causing, allowing, permitting or encouraging a vulnerable adult to engage in prostitution or in the lewd, obscene, or pornographic photographing, filming or depiction of the vulnerable adult as those acts are defined by state law; and

  16. "Verbal abuse" means the use of words, sounds, or other communication including, but not limited to, gestures, actions or behaviors, by a caretaker or other person providing services to a vulnerable adult that are likely to cause a reasonable person to experience humiliation, intimidation, fear, shame or degradation.

Pennsylvania Statutes  Title 35.  Health and Safety  Chapter 58.  Older Adults Protective Services Act  Chapter 1.  Preliminary Provisions

 "ABANDONMENT." The desertion of an older adult by a caretaker.

"ABUSE." The occurrence of one or more of the following acts:     (1) The infliction of injury, unreasonable confinement, intimidation or punishment with resulting physical harm, pain or mental anguish.     (2) The willful deprivation by a caretaker of goods or services which are necessary to maintain physical or mental health.     (3) Sexual harassment, rape or abuse, as defined in the act of October 7, 1976 (P.L. 1090, No. 218), known as the Protection From Abuse Act.

  "EXPLOITATION." An act or course of conduct by a caretaker or other person against an older adult or an older adult's resources, without the informed consent of the older adult or with consent obtained through misrepresentation, coercion or threats of force, that results in monetary, personal or other benefit, gain or profit for the perpetrator or monetary or personal loss to the older adult.

  "NEGLECT." The failure to provide for oneself or the failure of a caretaker to provide goods or services essential to avoid a clear and serious threat to physical or mental health. No older adult who does not consent to the provision of protective services shall be found to be neglected solely on the grounds of environmental factors which are beyond the control of the older adult or the caretaker, such as inadequate housing, furnishings, income, clothing or medical care.

  "SERIOUS BODILY INJURY." Injury which creates a substantial risk of death or which causes serious permanent disfigurement or protracted loss or impairment of the function of a body member or organ.

   "SERIOUS PHYSICAL INJURY." An injury that:    (1) causes a person severe pain; or     (2) significantly impairs a person's physical functioning, either   temporarily or permanently.

   "SEXUAL ABUSE." Intentionally, knowingly or recklessly causing or attempting to cause rape, involuntary deviate sexual intercourse, sexual assault, statutory sexual assault, aggravated indecent assault, indecent assault or incest.

CHAPTER 108A.  SOCIAL SERVICES  ARTICLE 6.  PROTECTION OF THE ABUSED, NEGLECTED OR EXPLOITED DISABLED ADULT ACT

   (a) The word "abuse" means the willful infliction of physical pain, injury or mental anguish, unreasonable confinement, or the willful deprivation by a caretaker of services which are necessary to maintain mental and physical health.

(j) The word "exploitation" means the illegal or improper use of a disabled adult or his resources for another's profit or advantage.

(m) The word "neglect" refers to a disabled adult who is either living alone and not able to provide for himself or herself the services which are necessary to maintain the person's mental or physical health or is not receiving services from the person's caretaker. A person is not receiving services from his caretaker if, among other things and not by way of limitation, the person is a resident of one of the State-owned psychiatric hospitals listed in G.S. 122C-181(a)(1), the State-owned Developmental Centers listed in G.S. 122C-181(a)(2), or the State-owned Neuro-Medical Treatment Centers listed in G.S. 122C-181(a)(3), the person is, in the opinion of the professional staff of that State-owned facility, mentally incompetent to give consent to medical treatment, the person has no legal guardian appointed pursuant to Chapter 35A, or guardian as defined in G.S. 122C-3(15), and the person needs medical treatment.

CHAPTER 108A.  SOCIAL SERVICES  ARTICLE 6A.  PROTECTION OF DISABLED AND OLDER ADULTS FROM FINANCIAL EXPLOITATION

  (3) Financial exploitation. -- The illegal or improper use of a disabled adult's or older adult's financial resources for another's profit or pecuniary advantage.

FAMILY LAW 
TITLE 14.  ADULT PROTECTIVE SERVICES 
SUBTITLE 1.  DEFINITIONS AND GENERAL PROVISIONS

(b) Abuse. -- "Abuse" means the sustaining of any physical injury by a vulnerable adult as a result of cruel or inhumane treatment or as a result of a malicious act by any person.

(f) Exploitation. -- "Exploitation" means any action which involves the misuse of a vulnerable adult's funds, property, or person.

(l) Neglect. -- (1) "Neglect" means the willful deprivation of a vulnerable adult of adequate food, clothing, essential medical treatment or habilitative therapy, shelter, or supervision. (2) "Neglect" does not include the providing of nonmedical remedial care and treatment for the healing of injury or disease, with the consent of the vulnerable adult, recognized by State law instead of medical treatment.

Louisiana Revised Statutes  Title 14.  Criminal law  Chapter 2.  Miscellaneous crimes and offenses  Part 5.  Offenses affecting law enforcement

[Does not provide definitions]

PART I  ADMINISTRATION OF THE GOVERNMENT  TITLE II  EXECUTIVE AND ADMINISTRATIVE OFFICERS OF THE COMMONWEALTH Chapter 19A  Department of Elder Affairs

  "Abuse", an Act or omission which results in serious physical or emotional injury to an elderly person or financial exploitation of an elderly person; or the failure, inability or resistance of an elderly person to provide for him one or more of the necessities essential for physical and emotional well-being without which the elderly person would be unable to safely remain in the community;...

 "Financial exploitation", an act or omission by another person, which causes a substantial monetary or property loss to an elderly person, or causes a substantial monetary or property gain to the other person, which gain would otherwise benefit the elderly person but for the act or omission of such other person; provided, however, that such an act or omission shall not be construed as financial exploitation if the elderly person has knowingly consented to such act or omission unless such consent is a consequence of misrepresentation, undue influence, coercion or threat of force by such other person; and, provided further, that financial exploitation shall not be construed to interfere with or prohibit a bona fide gift by an elderly person or to apply to any act or practice in the conduct of any trade or commerce declared unlawful by section two of chapter ninety-three A.

WELFARE AND INSTITUTIONS CODE Division 9.  Public Social Services  Part 3.  Aid and Medical Assistance  Chapter 11.  Elder Abuse and Dependent Adult Civil Protection Act Article 2.  Definitions

"Abandonment" means the desertion or willful forsaking of an elder or a 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.

WELFARE AND INSTITUTIONS CODE Division 9.  Public Social Services  Part 3.  Aid and Medical Assistance  Chapter 11.  Elder Abuse and Dependent Adult Civil Protection Act Article 2.  Definitions

"Abduction" means the removal from this state and the restraint from returning to this state, or the restraint from returning to this state, of any elder or dependent adult who does not have the capacity to consent to the removal from this state and the restraint from returning to this state, or the restraint from returning to this state, as well as the removal from this state or the restraint from returning to this state, of any conservatee without the consent of the conservator or the court.

WELFARE AND INSTITUTIONS CODE Division 9.  Public Social Services  Part 3.  Aid and Medical Assistance  Chapter 11.  Elder Abuse and Dependent Adult Civil Protection Act Article 2.  Definitions

(a) "Abuse of an elder or a dependent adult" means any of the following:(1) Physical abuse, neglect, abandonment, isolation, abduction, or other treatment with resulting physical harm or pain or mental suffering. (2) The deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering. (3) Financial abuse, as defined in Section 15610.30. (b) This section shall become operative on July 1, 2016.

WELFARE AND INSTITUTIONS CODE Division 9.  Public Social Services  Part 3.  Aid and Medical Assistance  Chapter 11.  Elder Abuse and Dependent Adult Civil Protection Act Article 2.  Definitions

(a) "Financial abuse" of an elder or dependent adult occurs when a person or entity does any of the following:  (1) Takes, secretes, appropriates, obtains, or retains real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud, or both. (2) Assists in taking, secreting, appropriating, obtaining, or retaining real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud, or both. (3) Takes, secretes, appropriates, obtains, or retains, or assists in taking, secreting, appropriating, obtaining, or retaining, real or personal property of an elder or dependent adult by undue influence, as defined in Section 15610.70.(b) A person or entity shall be deemed to have taken, secreted, appropriated, obtained, or retained property for a wrongful use if, among other things, the person or entity takes, secretes, appropriates, obtains, or retains the property and the person or entity knew or should have known that this conduct is likely to be harmful to the elder or dependent adult.(c) For purposes of this section, a person or entity takes, secretes, appropriates, obtains, or retains real or personal property when an elder or dependent adult is deprived of any property right, including by means of an agreement, donative transfer, or testamentary bequest, regardless of whether the property is held directly or by a representative of an elder or dependent adult.(d) For purposes of this section, "representative" means a person or entity that is either of the following: (1) A conservator, trustee, or other representative of the estate of an elder or dependent adult. (2) An attorney-in-fact of an elder or dependent adult who acts within the authority of the power of attorney.

WELFARE AND INSTITUTIONS CODE Division 9.  Public Social Services  Part 3.  Aid and Medical Assistance  Chapter 11.  Elder Abuse and Dependent Adult Civil Protection Act Article 2.  Definitions

(a) "Neglect" means either of the following:  (1) The negligent failure of any person having the care or custody of an elder or a dependent adult to exercise that degree of care that a reasonable person in a like position would exercise. (2) The negligent failure of an elder or dependent adult to exercise that degree of self care that a reasonable person in a like position would exercise.(b) Neglect includes, but is not limited to, all of the following: (1) Failure to assist in personal hygiene, or in the provision of food, clothing, or shelter. (2) Failure to provide medical care for physical and mental health needs. No person shall be deemed neglected or abused for the sole reason that he or she voluntarily relies on treatment by spiritual means through prayer alone in lieu of medical treatment. (3) Failure to protect from health and safety hazards. (4) Failure to prevent malnutrition or dehydration. (5) Failure of an elder or dependent adult to satisfy the needs specified in paragraphs (1) to (4), inclusive, for himself or herself as a result of poor cognitive functioning, mental limitation, substance abuse, or chronic poor health.

WELFARE AND INSTITUTIONS CODE Division 9.  Public Social Services  Part 3.  Aid and Medical Assistance  Chapter 11.  Elder Abuse and Dependent Adult Civil Protection Act Article 2.  Definitions

"Physical abuse" means any of the following:  (a) Assault, as defined in Section 240 of the Penal Code. (b) Battery, as defined in Section 242 of the Penal Code. (c) Assault with a deadly weapon or force likely to produce great bodily injury, as defined in Section 245 of the Penal Code. (d) Unreasonable physical constraint, or prolonged or continual deprivation of food or water. (e) Sexual assault, that means any of the following:   (1) Sexual battery, as defined in Section 243.4 of the Penal Code.   (2) Rape, as defined in Section 261 of the Penal Code.   (3) Rape in concert, as described in Section 264.1 of the Penal Code.   (4) Spousal rape, as defined in Section 262 of the Penal Code.   (5) Incest, as defined in Section 285 of the Penal Code.   (6) Sodomy, as defined in Section 286 of the Penal Code.   (7) Oral copulation, as defined in Section 288a of the Penal Code.   (8) Sexual penetration, as defined in Section 289 of the Penal Code.   (9) Lewd or lascivious acts as defined in paragraph (2) of subdivision (b) of Section 288 of the Penal Code. (f) Use of a physical or chemical restraint or psychotropic medication under any of the following conditions:   (1) For punishment.   (2) For a period beyond that for which the medication was ordered pursuant to the instructions of a physician and surgeon licensed in the State of California, who is providing medical care to the elder or dependent adult at the time the instructions are given.   (3) For any purpose not authorized by the physician and surgeon.

Title 12.  Public Health and Welfare (Chs. 188-215)  Chapter 192.  Department of Health  Protective Services For Adults

  (1) "Abuse", the infliction of physical, sexual, or emotional injury or harm including financial exploitation by any person, firm, or corporation and bullying;

 (2) "Bullying", intimidation or harassment that causes a reasonable person to fear for his or her physical safety or property and may consist of physical actions including gestures; cyberbullying; oral, electronic, or written communication; and any threat of retaliation for reporting of such acts;

  (15) "Neglect", the failure to provide services to an eligible adult by any person, firm or corporation with a legal or contractual duty to do so, when such failure presents either an imminent danger to the health, safety, or welfare of the client or a substantial probability that death or serious physical harm would result;

10 GCA HEALTH AND SAFETY
CHAPTER  2 DIVISION OF PUBLIC WELFARE
ARTICLE 10 ADULT PROTECTIVE SERVICES

(a) Abandonment refers to the desertion of an elderly or adult with a disability by his or her caregiver under circumstances in which a reasonable person would continue to provide care or custody.

(g) Desertion refers to the act by which a person abandons and forsakes, without justification, a condition of public, social, or family life, renouncing its responsibilities and evading its duties.

(j) Emotional or Psychological Abuse 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 or false or misleading statements made with malicious intent to agitate, confuse, frighten, or cause severe depression or serious emotional distress of the elderly or adult with a disability.

(l) Financial or Property Exploitation means illegal or improper use of an elderly or adult with a disability's money, property, or other resources for monetary or personal benefit, profit or gain. This includes, but is not limited to, theft, misappropriation, concealment, misuse or fraudulent deprivation of money or property belonging to the elderly or adult with a disability.

(o) Neglect means the failure of a reasonable caregiver to provide for the physical, mental or emotional health and well-being of the elderly or adult with a disability and includes, but is not limited to: (1) Failure to assist or provide personal hygiene for the elderly or adult with a disability. (2) Failure to provide adequate food, water, clothing or shelter. (3) Failure to provide medical care for the physical and mental health of the elderly or adult with a disability. No person shall be deemed neglected or abused for the sole reason that he or she voluntarily relies on treatment by spiritual means through prayer alone in lieu of medical treatment. (4) Failure to protect an elderly or adult with a disability from health, safety hazards, or physical harm.

(p) Physical Abuse means the willful infliction of or omission which results in physical harm. It includes, but is not limited to, cruel punishment resulting in physical harm or pain or mental anguish, such as direct beatings, slapping, kicking, biting, choking, burning or unreasonable physical restraint or confinement resulting in physical injury.

(t) Sexual Abuse means any form of non-consensual sexual contact, including but not limited to, unwanted or inappropriate sexual gratification, touching, rape, sodomy, sexual coercion, sexually explicit photographing, sexual harassment, involuntary exposure to sexually explicit material or language, and as defined in the penal code of Guam.