Elder Abuse and Elder Financial Exploitation Statutes

(a) Any person who, in the course of his or her employment, occupation or professional practice comes into contact with elderly or adults with disabilities, has actual knowledge or reasonable cause to believe that an elderly or adult with a disability is suffering from or has died as a result of abuse as defined in § 2951, shall immediately make a verbal report of such information or cause a report to be made to the Bureau of Adult Protective Services or its authorized agency and shall, within forty-eight (48) hours, make a written report to the Bureau or its authorized agency. If a verbal report is made on a Friday, a written report will be made by the next workday.
(b) Persons required to report abuse under Subsection (a) include, but are not limited to, physicians, medical interns, medical examiners, nurses, chiropractors, hospital personnel engaged in the admission, examination, care or treatment of persons, social workers, employees of nursing homes, senior citizen centers and adult day care facilities, police officers, probation officers, employees of homemaker and home health service agencies, emergency medical service (EMS) providers, non-emergency medical transport providers, medical and allied health care providers, banking or financial institution personnel, pension providers, and practicum students in the field of health and human services.
(c) In addition to persons required to report under Subsections (a) and (b), any other person may make such report to the Bureau of Adult Protective Services if any such person has a reasonable cause to believe that an elderly or adult with a disability is suffering from or has died as a result of abuse.
(d) Oral or written reports from persons required to report under Subsections (a) and (b) shall include the following information, if available:
(1) The name of the person making the report and where he or she can be reached. The identity of the person making the report shall be confidential, but made available to an agency contracted authorized by the Bureau of Adult Protective Services to provide case investigation.
(2) The name, address and approximate age of the elderly or adult with a disability.
(3) Information regarding the nature and extent of the abuse, the name of the person's caretaker, if known, and any medical treatment being received or immediately required, if known.
(4) The name of the person or persons responsible for causing the suspected abuse.
(5) The source of the report.
(6) Any other information which may assist in the investigation of the suspected abuse.
(7) The identity of the person making the report shall be confidential.
(e) Reports of elderly or adult with a disability abuse may be made anonymously under this Chapter.

Any person who learns or suspects that an elderly person is a victim of abuse, institutional abuse, abuse by negligence and/or abuse by institutional negligence shall report such a fact through the “Golden Hotline”, to the Puerto Rico Police, and/or to the Office of Elderly Affairs, attached to the Office of the Governor, in the manner provided for by this chapter. The information thus furnished shall be kept in strict confidentiality, as well as the identity of the person who furnished the information.

Professionals or public officials, public or private and privatized entities that in their professional capacity and in the discharge of their functions learn or suspect that an elderly person is, has been, or is at risk of being a victim of abuse, institutional abuse, abuse by negligence and/or abuse by institutional negligence, are hereby placed under the obligation to report those cases in which there is or there is the suspicion that there is a situation of abuse, institutional abuse, abuse by negligence and/or abuse by institutional negligence against an elderly person; as well as health, education, social work and law enforcement professionals, and persons engaged in directing or working in care institutions or establishments that offer care services during a twenty-four (24)-hour day or part thereof. They shall report such a fact through the “Golden Hotline” and the Puerto Rico Police and/or the Office of Elderly Affairs, attached to the Office of the Governor.

Any elderly person who has been the victim of abuse or of conduct which constitutes a crime as typified in the Penal Code of the Commonwealth of Puerto Rico or in any other special law, may pro se, or through a legal representative, law enforcement officer, guardian or public official or any private person interested in the welfare of the elderly person, file a petition before the court and request a restraining order, without first having to file a complaint or an accusation. After the court has determined that there are sufficient grounds to believe that the petitioner has been the victim of physical, mental or psychological abuse, harassment, coercion, intimidation or any other crime, it may issue a restraining order. Said order may include, without it being construed as a limitation, the following:(a)  An order for the defendant to vacate the residence he/she shares with the petitioner, regardless of the right claimed thereon.
(b)  An order for the defendant to abstain from molesting, harassing, persecuting, intimidating or threatening an elderly person or in any other way interfering with his/her rights as acknowledged in this chapter.
(c)  An order for the defendant to abstain from entering any place where the petitioner may be found, when at the discretion of the court, said restriction may be necessary to prevent the defendant from molesting, intimidating, threatening, disturbing the peace or otherwise interfering with the petitioner.
(d)  An order for the defendant to pay support if legally bound to do so.
(e)  An order prohibiting the defendant from disposing in any way of the private property of the petitioner. Provided, That when the administration of a business, commercial or industrial concern is involved, the party against whom the order is issued must submit a monthly financial report to the court accounting for its administrative efforts.
(f)  An order concerning any of the provisional measures regarding the possession and use of the residence of the parties and other chattels.
(g)  An order for the defendant to pay financial compensation from his/her own estate for the damages caused by his/her abusive behavior. Said compensation may include, but shall not be limited to a compensation for moving expenses, expenses for repairs to the property or for legal, medical, psychiatric, psychological, counseling, orientation, housing, lodging, assistive technology or any other such similar expenses, without prejudice to other civil actions to which the petitioner may be entitled.
(h)  An order for the owner or person in charge of a residential or hospital establishment, where the petitioner may be found, to take the necessary measures to ensure that the order or any part thereof is not violated.
(i)  Any other order issued as needed to comply with the purposes and public policy of this chapter.

The Director of Administration and the Department of Public Health and Social Services shall issue joint rules and regulations, pursuant to the provisions of the Administrative Adjudication Act, governing the procedures whereby the elderly, the indigent and those requiring emergency housing receive housing under this Chapter at less than fair market value, such rules to include eligibility requirements, rent to be charged and the other terms of such tenancies.

1.  A person is guilty of a scheme to defraud in the first degree when   he or she: (a) engages in a scheme  constituting  a  systematic  ongoing   course  of  conduct  with  intent  to  defraud ten or more persons or to  obtain property  from  ten  or  more  persons  by  false  or  fraudulent  pretenses, representations or promises, and so obtains property from one  or  more  of  such  persons;  or  (b) engages in a scheme constituting a  systematic ongoing course of conduct with intent to  defraud  more  than  one  person  or to obtain property from more than one person by false or  fraudulent  pretenses,  representations  or  promises,  and  so  obtains  property with a value in excess of one thousand dollars from one or more  such  persons;  or  (c)  engages  in  a scheme constituting a systematic  ongoing course of conduct with intent to defraud more than  one  person,  more  than  one  of  whom  is  a vulnerable elderly person as defined in  subdivision three of  section  260.30  of  this  chapter  or  to  obtain  property  from  more  than  one  person,  more  than  one  of  whom is a  vulnerable elderly person as defined in  subdivision  three  of  section  260.30   of   this   chapter,   by   false   or   fraudulent  pretenses,  representations or promises, and so obtains property from  one  or  more  such persons.

2.  In  any  prosecution  under this section, it shall be necessary to  prove the identity of at least one person from  whom  the  defendant  so  obtained  property,  but it shall not be necessary to prove the identity  of any other intended victim, provided that  in  any  prosecution  under  paragraph  (c) of subdivision one of this section, it shall be necessary  to prove the identity of at least one such vulnerable elderly person  as  defined in subdivision three of section 260.30 of this chapter.

Scheme to defraud in the first degree is a class E felony.

Senior adult means any person sixty-five years of age or older.

(a) A person who volunteers for or is paid by a caregiving facility or program shall not engage in any sexual activity with a vulnerable adult. It shall be an affirmative defense to a prosecution under this subsection that the sexual activity was consensual between the vulnerable adult and a caregiver who was hired, supervised, and directed by the vulnerable adult. A person who violates this subsection shall be imprisoned for not more than two years or fined not more than $10,000.00, or both.

(b) No person, whether or not the person has actual knowledge of the victim's vulnerable status, shall engage in sexual activity with a vulnerable adult if:

(1) the vulnerable adult does not consent to the sexual activity; or

(2) the person knows or should know that the vulnerable adult is incapable of resisting, declining, or consenting to the sexual activity due to his or her specific vulnerability or due to fear of retribution or hardship.

(c) A person who violates subsection (b) of this section shall be:

(1) imprisoned for not more than five years or fined not more than $10,000.00, or both, if the sexual activity involves lewd and lascivious conduct;

(2) imprisoned for not more than 20 years or fined not more than $10,000.00, or both, if the sexual activity involves a sexual act.

(d) A caregiver who violates subsection (b) of this section shall be:

(1) imprisoned for not more than seven years or fined not more than $10,000.00, or both, if the sexual activity involves lewd and lascivious conduct.

(2) imprisoned for not more than 25 years or fined not more than $10,000.00, or both, if the sexual activity involves a sexual act. (Added 2005, No. 79, § 2.)

18-1505B.  SEXUAL ABUSE AND EXPLOITATION OF A VULNERABLE ADULT. (1) It is a felony for any person, with the intent of arousing, appealing to or gratifying the lust, passion or sexual desires of such person, a vulnerable adult or a third party, to:
(a)  Commit any lewd or lascivious act or acts upon or with the body or any part or member thereof of a vulnerable adult including, but not limited to: genital-genital contact, oral-genital contact, anal-genital contact, oral-anal contact, manual-anal contact or manual-genital contact, whether between persons of the same or opposite sex;
(b)  Involve a vulnerable adult in any act of bestiality or sadomasochism as defined in section 18-1507, Idaho Code; or
(c)  Cause or have sexual contact with a vulnerable adult, not amounting to lewd conduct as defined in paragraph (a) of this subsection.
(2)  For the purposes of this section:
(a)  "Commercial purpose" means the intention, objective, anticipation or expectation of monetary gain or other material consideration, compensation, remuneration or profit.
(b)  "Sexual contact" means any physical contact between a vulnerable adult and any person or between vulnerable adults, which is caused by the actor, or the actor causing the vulnerable adult to have self-contact;
(c)  "Sexually exploitative material" means any image, photograph, motion picture, video, print, negative, slide or other mechanically, electronically, digitally or chemically produced or reproduced visual material that shows a vulnerable adult engaged in, participating in, observing or being used for explicit sexual conduct, or showing a vulnerable adult engaging in, participating in, observing or being used for explicit sexual conduct, in actual time, including, but not limited to, video chat, webcam sessions or video calling; and
(d)  "Vulnerable adult" is as defined in section 18-1505, Idaho Code.
(3)  Sexual abuse of a vulnerable adult is a felony and shall be punishable by imprisonment in the state prison for a period not to exceed twenty-five (25) years or by a fine not to exceed twenty-five thousand dollars ($25,000), or by both such fine and imprisonment.
(4)  It shall be a felony for any person to commit sexual exploitation of a vulnerable adult if, for any commercial purpose, he knowingly:
(a)  Causes, induces or permits a vulnerable adult to engage in or be used in any explicit sexual conduct as defined in section 18-1507, Idaho Code; or
(b)  Prepares, arranges for, publishes, produces, promotes, makes, sells, finances, offers, exhibits, advertises, deals in, possesses or distributes sexually exploitative material.
(5)  The possession by any person of three (3) or more identical copies of any sexually exploitative material shall create a presumption that such possession is for a commercial purpose.
(6)  Sexual exploitation of a vulnerable adult shall be punishable by imprisonment in the state prison for a period not to exceed fifteen (15) years or by a fine not to exceed twenty-five thousand dollars ($25,000), or by both such fine and imprisonment.

(1) A person is guilty of sexual exploitation of a vulnerable adult if the person:
(a)
(i)
(A) knowingly produces, possesses, or possesses with intent to distribute material that the person knows is vulnerable adult pornography; or
(B) intentionally distributes or views material that the person knows is vulnerable adult pornography; and
(ii) the vulnerable adult who appears in, or is depicted in, the vulnerable adult pornography lacks capacity to consent to the conduct described in Subsection (1)(a); or
(b) is a vulnerable adult's legal guardian and knowingly consents to, or permits the vulnerable adult to be, sexually exploited as described in Subsection (1)(a).
(2) Sexual exploitation of a vulnerable adult is a third degree felony.
(3) It is a separate offense under this section:
(a) for each vulnerable adult depicted in the vulnerable adult pornography; and
(b) for each time the same vulnerable adult is depicted in different vulnerable adult pornography.
(4) It is an affirmative defense to a charge of violating this section that no vulnerable adult was actually depicted in the visual depiction or used in producing or advertising the visual depiction.
(5) In proving a violation of this section in relation to an identifiable vulnerable adult, proof of the actual identity of the identifiable vulnerable adult is not required.
(6) This section may not be construed to impose criminal or civil liability on:
(a) any entity or an employee, director, officer, or agent of an entity, when acting within the scope of employment, for the good faith performance of:
(i) reporting or data preservation duties required under any federal or state law; or
(ii) implementing a policy of attempting to prevent the presence of vulnerable adult pornography on any tangible or intangible property, or of detecting and reporting the presence of vulnerable adult pornography on the property; or
(b) any law enforcement officer acting within the scope of a criminal investigation.
Enacted by Chapter 320, 2011 General Session

The Legislature finds that much of the housing owned by the government of Guam is not being put to maximum effective use, many of the units standing empty on practically a year-round basis; that no return is being earned on the considerable investment made by the Government in these housing units; that many of the elderly residents of Guam as well as those receiving welfare payments from the Government are without safe, sanitary and decent housing; that much of the limited income available to such persons is spent on inadequate and overpriced housing; and that, therefore, if these elderly, indigent and other persons that are temporarily wards of the Government such as those requiring emergency housing following catastrophic destruction of their own housing were to be housed in these underused government units, even at less than the fair market value of such units, the people of Guam would benefit since wards of the Government requiring safe, sanitary and decent housing would receive the same and the Government would receive at least a minimum return on its presently underutilized housing.

(a) It is an offense for any person to knowingly financially exploit an elderly or vulnerable adult.

(b) A violation of this section shall be punished as theft pursuant to § 39-14-105; provided, however, that the violation shall be punished one (1) classification higher than is otherwise provided in § 39-14-105.

…

(a) It is an offense for a caregiver to knowingly neglect an elderly or vulnerable adult, so as to adversely affect the person's health or welfare.

(b) The offense of neglect of an elderly adult is a Class E felony.

(c) The offense of neglect of a vulnerable adult is a Class D felony.

(d) If the neglect is a result of abandonment or confinement and no injury occurred, then the neglect by abandonment or confinement of an elderly or vulnerable adult is a Class A misdemeanor.

(a) A caregiver commits the offense of aggravated neglect of an elderly or vulnerable adult who commits neglect pursuant to § 39-15-507, and the act:

(1) Results in serious physical harm; or

(2) Results in serious bodily injury.

(b) In order to convict a person for a violation of subdivision (a)(1), it is not necessary for the state to prove the elderly or vulnerable adult sustained serious bodily injury as required by § 39-13-102, but only that the neglect resulted in serious physical harm.

(c) A violation of subdivision (a)(1) is a Class C felony.

(d) A violation of subdivision (a)(2) is a Class B felony.

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.
Source: SL 1986, ch 186, § 3; SL 1989, ch 30, § 53; SL 2005, ch 120, § 342; SL 2007, ch 147, § 4; SL 2016, ch 120, § 21.

(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.

A. As used in this Section the following terms have the following meanings:

(1) "Aged person" is any person sixty years of age or older.

(2) "Disabled person" is a person eighteen years of age or older who has a mental, physical, or developmental disability that substantially impairs the person's ability to provide adequately for his own care or protection.

(3) "Health care" is any expense resulting from medical, personal, residential, or other care provided or assistance received from any home- and community-based service provider, adult foster home, adult congregate living facility, nursing home, or other institution or agency responsible for the care of any aged or disabled person.

B. Theft of the assets of an aged person or disabled person is any of the following:

(1) The intentional use, consumption, conversion, management, or appropriation of an aged person's or disabled person's funds, assets, or property without his authorization or consent for the profit, advantage, or benefit of a person other than the aged person or disabled person without his authorization or consent.

(2) The intentional misuse of an aged or disabled person's power of attorney to use, consume, convert, manage, or appropriate any funds, assets, or property of an aged person or disabled person for the profit, advantage, or benefit of a person other than the aged person or disabled person without his authorization or consent.

(3) The intentional use, consumption, conversion, management, or appropriation of an aged person's or disabled person's funds, assets, or property through the execution or attempted execution of a fraudulent or deceitful scheme designed to benefit a person other than the aged person or disabled person.

C.(1) Whoever commits the crime of theft of the assets of an aged person or disabled person when the value of the theft equals one thousand five hundred dollars or more may be imprisoned, with or without hard labor, for not more than ten years and shall be fined not more than three thousand dollars, or both.

(2) Whoever commits the crime of theft of the assets of an aged person or disabled person when the value of the theft equals five hundred dollars or more, but less than one thousand five hundred dollars may be imprisoned, with or without hard labor, for not more than five years and shall be fined not more than two thousand dollars, or both.

(3) Whoever commits the crime of theft of the assets of an aged person or disabled person when the value of the theft equals five hundred dollars or less may be imprisoned for not more than six months and shall be fined not more than five hundred dollars, or both.

(4) In any case in which an offender has been previously convicted of theft of the assets of an aged person or disabled person the offender shall be imprisoned, with or without hard labor, for not less than two years, and shall be fined not less than two thousand dollars, or both, regardless of the value of the instant theft.

D. When there have been a number of distinct acts of theft of the assets of an aged person or disabled person, the aggregate of the values of each act shall determine the grade of the offense.

E. In addition to all other penalties, a person convicted under this Section shall be ordered to make full restitution to the victim and any other person who has suffered a financial loss as a result of the offense. If a person ordered to make restitution pursuant to this Section is found to be indigent and therefore unable to make restitution in full at the time of conviction, the court shall order a periodic payment plan consistent with the person's financial ability.

F. Any charges made under this Section shall be reported as provided in R.S. 15:1504 and 1505.

Acts 2001, No. 1011, §1; Acts 2006, No. 172, §1; Acts 2006, No. 176, §1; Acts 2008, No. 839, §1, eff. July 8, 2008; Acts 2010, No. 585, §1; Acts 2010, No. 861, §6.

(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, is guilty of a Class G 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.
 

A. A person commits theft if, without lawful authority, the person knowingly:

1. Controls property of another with the intent to deprive the other person of such property; or

2. Converts for an unauthorized term or use services or property of another entrusted to the defendant or placed in the defendant's possession for a limited, authorized term or use; or

3. Obtains services or property of another by means of any material misrepresentation with intent to deprive the other person of such property or services; or

4. Comes into control of lost, mislaid or misdelivered property of another under circumstances providing means of inquiry as to the true owner and appropriates such property to the person's own or another's use without reasonable efforts to notify the true owner; or

5. Controls property of another knowing or having reason to know that the property was stolen; or

6. Obtains services known to the defendant to be available only for compensation without paying or an agreement to pay the compensation or diverts another's services to the person's own or another's benefit without authority to do so; or

7. Controls the ferrous metal or nonferrous metal of another with the intent to deprive the other person of the metal; or

8. Controls the ferrous metal or nonferrous metal of another knowing or having reason to know that the metal was stolen; or

9. Purchases within the scope of the ordinary course of business the ferrous metal or nonferrous metal of another person knowing that the metal was stolen.

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.

C. It is an affirmative defense to any prosecution under subsection B of this section that either:

1. The property was given as a gift consistent with a pattern of gift giving to the person that existed before the adult became vulnerable.

2. The property was given as a gift consistent with a pattern of gift giving to a class of individuals that existed before the adult became vulnerable.

3. The superior court approved the transaction before the transaction occurred.

D. The inferences set forth in section 13-2305 apply to any prosecution under subsection A, paragraph 5 of this section.

E. At the conclusion of any grand jury proceeding, hearing or trial, the court shall preserve any trade secret that is admitted in evidence or any portion of a transcript that contains information relating to the trade secret pursuant to section 44-405.

F. Subsection B of this section does not apply to an agent who is acting within the scope of the agent's duties as or on behalf of a health care institution that is licensed pursuant to title 36, chapter 4 and that provides services to the vulnerable adult.

G. Theft of property or services with a value of twenty-five thousand dollars or more is a class 2 felony.  Theft of property or services with a value of four thousand dollars or more but less than twenty-five thousand dollars is a class 3 felony.  Theft of property or services with a value of three thousand dollars or more but less than four thousand dollars is a class 4 felony, except that theft of any vehicle engine or transmission is a class 4 felony regardless of value.  Theft of property or services with a value of two thousand dollars or more but less than three thousand dollars is a class 5 felony.  Theft of property or services with a value of one thousand dollars or more but less than two thousand dollars is a class 6 felony.  Theft of any property or services valued at less than one thousand dollars is a class 1 misdemeanor, unless the property is taken from the person of another, is a firearm or is an animal taken for the purpose of animal fighting in violation of section 13-2910.01, in which case the theft is a class 6 felony.

H. A person who is convicted of a violation of subsection A, paragraph 1 or 3 of this section that involved property with a value of one hundred thousand dollars or more is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except pursuant to section 31-233, subsection A or B until the sentence imposed by the court has been served, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted.

I. For the purposes of this section, the value of ferrous metal or nonferrous metal includes the amount of any damage to the property of another caused as a result of the theft of the metal.

J. In an action for theft of ferrous metal or nonferrous metal:

1. Unless satisfactorily explained or acquired in the ordinary course of business by an automotive recycler as defined and licensed pursuant to title 28, chapter 10 or by a scrap metal dealer as defined in section 44-1641, proof of possession of scrap metal that was recently stolen may give rise to an inference that the person in possession of the scrap metal was aware of the risk that it had been stolen or in some way participated in its theft.

2. Unless satisfactorily explained or sold in the ordinary course of business by an automotive recycler as defined and licensed pursuant to title 28, chapter 10 or by a scrap metal dealer as defined in section 44-1641, proof of the sale of stolen scrap metal at a price substantially below its fair market value may give rise to an inference that the person selling the scrap metal was aware of the risk that it had been stolen.

K. For the purposes of this section:

1. "Adequate consideration" means the property was given to the person as payment for bona fide goods or services provided by the person and the payment was at a rate that was customary for similar goods or services in the community that the vulnerable adult resided in at the time of the transaction.

2. "Ferrous metal" and "nonferrous metal" have the same meanings prescribed in section 44-1641.

3. "Pattern of gift giving" means two or more gifts that are the same or similar in type and monetary value.

4. "Position of trust and confidence" has the same meaning prescribed in section 46-456.

5. "Property" includes all forms of real property and personal property.

6. "Vulnerable adult" has the same meaning prescribed in section 46-451.

 (G) A person who threatens, intimidates, or attempts to intimidate a vulnerable adult subject of a report, a witness, or any other person cooperating with an investigation conducted pursuant to this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than three years.

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.

(a) Any person who knowingly or recklessly abuses, neglects, exploits or mistreats an adult who is impaired shall be guilty of a class A misdemeanor.

(b) Any person who knowingly or recklessly exploits an adult who is impaired by using the resources of an adult who is impaired shall be guilty of a class A misdemeanor where the value of the resources is less than $500 and a class G felony where the value of the resources is $500 or more but less than $5,000. If the value of the resources is $5,000 or more but less than $10,000, the person shall be guilty of a class E felony. If the value of the resources is $10,000 or more but less than $50,000, the person shall be guilty of a class D felony and if the value of the resources is $50,000 or more the person shall be guilty of a class C felony. Any subsequent conviction under this subsection shall be treated as a class C felony regardless of the amount of resources exploited.

(c) Any person who knowingly or recklessly abuses, neglects, exploits or mistreats an adult who is impaired, and causes bodily harm, permanent disfigurement or permanent disability shall be guilty of a class D felony. Where the abuse, mistreatment or neglect results in death, such person shall be guilty of a class A felony.

For purposes of definition under South Carolina law, a violent crime includes the offenses of: murder (Section 16 3 10); attempted murder (Section 16 3 29); assault and battery by mob, first degree, resulting in death (Section 16 3 210(B)), criminal sexual conduct in the first and second degree (Sections 16 3 652 and 16 3 653); criminal sexual conduct with minors, first, second, and third degree (Section 16 3 655); assault with intent to commit criminal sexual conduct, first and second degree (Section 16 3 656); assault and battery with intent to kill (Section 16 3 620); assault and battery of a high and aggravated nature (Section 16 3 600(B)); kidnapping (Section 16 3 910); trafficking in persons (Section 16 3 2020); voluntary manslaughter (Section 16 3 50); armed robbery (Section 16 11 330(A)); attempted armed robbery (Section 16 11 330(B)); carjacking (Section 16 3 1075); drug trafficking as defined in Section 44 53 370(e) or trafficking cocaine base as defined in Section 44 53 375(C); manufacturing or trafficking methamphetamine as defined in Section 44 53 375; arson in the first degree (Section 16 11 110(A)); arson in the second degree (Section 16 11 110(B)); burglary in the first degree (Section 16 11 311); burglary in the second degree (Section 16 11 312(B)); engaging a child for a sexual performance (Section 16 3 810); homicide by child abuse (Section 16 3 85(A)(1)); aiding and abetting homicide by child abuse (Section 16 3 85(A)(2)); inflicting great bodily injury upon a child (Section 16 3 95(A)); allowing great bodily injury to be inflicted upon a child (Section 16 3 95(B)); domestic violence of a high and aggravated nature (Section 16 25 65); domestic violence in the first degree (Section 16 25 20(B)); abuse or neglect of a vulnerable adult resulting in death (Section 43 35 85(F)); abuse or neglect of a vulnerable adult resulting in great bodily injury (Section 43 35 85(E)); taking of a hostage by an inmate (Section 24 13 450); detonating a destructive device upon the capitol grounds resulting in death with malice (Section 10 11 325(B)(1)); spousal sexual battery (Section 16 3 615); producing, directing, or promoting sexual performance by a child (Section 16 3 820); sexual exploitation of a minor first degree (Section 16 15 395); sexual exploitation of a minor second degree (Section 16 15 405); promoting prostitution of a minor (Section 16 15 415); participating in prostitution of a minor (Section 16 15 425); aggravated voyeurism (Section 16 17 470(C)); detonating a destructive device resulting in death with malice (Section 16 23 720(A)(1)); detonating a destructive device resulting in death without malice (Section 16 23 720(A)(2)); boating under the influence resulting in death (Section 50 21 113(A)(2)); vessel operator’s failure to render assistance resulting in death (Section 50 21 130(A)(3)); damaging an airport facility or removing equipment resulting in death (Section 55 1 30(3)); failure to stop when signaled by a law enforcement vehicle resulting in death (Section 56 5 750(C)(2)); interference with traffic control devices, railroad signs, or signals resulting in death (Section 56 5 1030(B)(3)); hit and run resulting in death (Section 56 5 1210(A)(3)); felony driving under the influence or felony driving with an unlawful alcohol concentration resulting in death (Section 56 5 2945(A)(2)); putting destructive or injurious materials on a highway resulting in death (Section 57 7 20(D)); obstruction of a railroad resulting in death (Section 58 17 4090); accessory before the fact to commit any of the above offenses (Section 16 1 40); and attempt to commit any of the above offenses (Section 16 1 80). Only those offenses specifically enumerated in this section are considered violent offenses.

(1) A caregiver is guilty of vulnerable adult abuse in the first degree if the caregiver intentionally causes serious physical harm or serious mental harm to a vulnerable adult. Vulnerable adult abuse in the first degree is a felony punishable by imprisonment for not more than 15 years or a fine of not more than $10,000.00, or both.

(2) A caregiver or other person with authority over the vulnerable adult is guilty of vulnerable adult abuse in the second degree if the reckless act or reckless failure to act of the caregiver or other person with authority over the vulnerable adult causes serious physical harm or serious mental harm to a vulnerable adult. Vulnerable adult abuse in the second degree is a felony punishable by imprisonment for not more than 4 years or a fine of not more than $5,000.00, or both.

(3) A caregiver is guilty of vulnerable adult abuse in the third degree if the caregiver intentionally causes physical harm to a vulnerable adult. Vulnerable adult abuse in the third degree is a misdemeanor punishable by imprisonment for not more than 2 years or a fine of not more than $2,500.00, or both.

(4) A caregiver or other person with authority over the vulnerable adult is guilty of vulnerable adult abuse in the fourth degree if the reckless act or reckless failure to act of the caregiver or other person with authority over a vulnerable adult causes physical harm to the vulnerable adult or the caregiver or other person with authority over the vulnerable adult knowingly or intentionally commits an act that under the circumstances poses an unreasonable risk of harm or injury to a vulnerable adult, regardless of whether physical harm results. Vulnerable adult abuse in the fourth degree is a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.

(5) This section does not prohibit a caregiver or other person with authority over a vulnerable adult from taking reasonable action to prevent a vulnerable adult from being harmed or from harming others.

(6) This section does not apply to an act or failure to act that is carried out as directed by a patient advocate under a patient advocate designation executed in accordance with sections 5506 to 5515 of the estates and protected individuals code, 1998 PA 386, MCL 700.5506 to 700.5515.

History: Add. 1994, Act 149, Eff. Oct. 1, 1994 ;-- Am. 2000, Act 66, Eff. Apr. 1, 2000 ;-- Am. 2004, Act 559, Imd. Eff. Jan. 3, 2005 ;-- Am. 2016, Act 480, Eff. Apr. 6, 2017

Vulnerable adult means any person eighteen years of age or older who has a substantial mental or functional impairment or for whom a guardian or conservator has been appointed under the Nebraska Probate Code.