Elder Abuse and Elder Financial Exploitation Statutes

The federal government, states, commonwealths, territories and the District of Columbia all have laws designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others. These laws vary considerably from state to state.
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Citation Statute
Civil Financial Exploitation
C.R.S. 26-3.1-101 (2016)

TITLE 26. HUMAN SERVICES CODE 

ARTICLE 3.1. PROTECTIVE SERVICES FOR ADULTS AT RISK OF MISTREATMENT OR SELF-NEGLECT 

 PART 1. PROTECTIVE SERVICES FOR AT-RISK ADULTS

26-3.1-101. Definitions.

(4) "Exploitation" means an act or omission committed by a person that:

(a) Uses deception, harassment, intimidation, or undue influence to permanently or temporarily deprive an at-risk adult of the use, benefit, or possession of his or her money, assets, or property;

(b) In the absence of legal authority:

(I) 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 adult; or

(II) Forces, compels, coerces, or entices an at-risk adult to perform services for the profit or advantage of the person or another person against the will of the at-risk adult; or

(c) Misuses the property of an at-risk adult in a manner that adversely affects the at-risk adult's ability to receive health care or health care benefits or to pay bills for basic needs or obligations.


(1) "At-risk adult" means an individual eighteen years of age or older who is susceptible to mistreatment, self-neglect, or exploitation because the individual is unable to perform or obtain services necessary for his or her health, safety, or welfare or lacks sufficient understanding or capacity to make or communicate responsible decisions concerning his or her person or affairs.

Criminal Financial Exploitation
C.R.S. 18-4-401 (2015)

ARTICLE 4. OFFENSES AGAINST PROPERTY 

PART 4. THEFT

§ 18-4-401. Theft

(1) A person commits theft when he or she knowingly obtains, retains, or exercises control over anything of value of another without authorization or by threat or deception; or receives, loans money by pawn or pledge on, or disposes of anything of value or belonging to another that he or she knows or believes to have been stolen, and:

(a) Intends to deprive the other person permanently of the use or benefit of the thing of value;

(b) Knowingly uses, conceals, or abandons the thing of value in such manner as to deprive the other person permanently of its use or benefit;

(c) Uses, conceals, or abandons the thing of value intending that such use, concealment, or abandonment will deprive the other person permanently of its use or benefit;

(d) Demands any consideration to which he or she is not legally entitled as a condition of restoring the thing of value to the other person; or

(e) Knowingly retains the thing of value more than seventy-two hours after the agreed-upon time of return in any lease or hire agreement.

Criminal Financial Exploitation
C.R.S. 18-6.5-102 (2015)

TITLE 18. CRIMINAL CODE 

ARTICLE 6.5. WRONGS TO AT-RISK ADULTS

18-6.5-102. Definitions

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

(1) "Abuse" means any of the following acts or omissions committed against an at-risk elder:

(a) The nonaccidental infliction of bodily injury, serious bodily injury, or death;

(b) Confinement or restraint that is unreasonable under generally accepted caretaking standards;

(c) Subjection to sexual conduct or contact classified as a crime under this title; and

(d) Caretaker neglect; and

(e) Exploitation.

(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 an intellectual and developmental disability” 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) "At-risk juvenile" means any person who is under the age of eighteen years and is a person with a disability as said term is defined in subsection (11) of this section.

(5) "Caretaker" means a person who:

(a) Is responsible for the care of an at-risk adult, at-risk juvenile, or at-risk elder as a result of a family or legal relationship;

(b) Has assumed responsibility for the care of an at-risk adult, at-risk juvenile, or at-risk elder; or

(c) Is paid to provide care or services to an at-risk adult, at-risk juvenile, or at-risk elder.

(6) "Caretaker neglect" means neglect that occurs when adequate food, clothing, shelter, psychological care, physical care, medical care, or supervision is not secured for an at-risk adult or an at-risk elder or is not provided by a caretaker in a timely manner and with the degree of care that a reasonable person in the same situation would exercise; except that the withholding, withdrawing, or refusing of any medication, any medical procedure or device, or any treatment, including but not limited to resuscitation, cardiac pacing, mechanical ventilation, dialysis, and artificial nutrition and hydration, in accordance with any valid medical directive or order or as described in a palliative plan of care shall not be deemed caretaker neglect. As used in this subsection (6), "medical directive or order" includes but is not limited to a medical durable power of attorney, a declaration as to medical treatment executed pursuant to section 15-18-104, C.R.S., a medical order for scope of treatment form executed pursuant to article 18.7 of title 15, C.R.S., and a CPR directive executed pursuant to article 18.6 of title 15, C.R.S.

(7) "Clergy member" means a priest; rabbi; duly ordained, commissioned, or licensed minister of a church; member of a religious order; or recognized leader of any religious body.

(8) "Convicted" and "conviction" mean a plea of guilty accepted by the court, including a plea of guilty entered pursuant to a deferred sentence under section 18-1.3-102, a verdict of guilty by a judge or jury, or a plea of no contest accepted by the court.

(9) "Crime against an at-risk adult or at-risk juvenile" means any offense listed in section 18-6.5-103 or criminal attempt, conspiracy, or solicitation to commit any of those offenses.

(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 elder of the use, benefit, or possession of any thing of value;

(b) In the absence of legal authority:

(I) 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 elder; or

(II) Forces, compels, coerces, or entices an at-risk elder to perform services for the profit or advantage of the person or another person against the will of the at-risk elder; or

(c) Misuses the property of an at-risk elder in a manner that adversely affects the at-risk elder's ability to receive health care or health care benefits or to pay bills for basic needs or obligations.

(11) "Person with a disability" means any person who:

(a) Is impaired because of the loss of or permanent loss of use of a hand or foot or because of blindness or the permanent impairment of vision of both eyes to such a degree as to constitute virtual blindness;

(b) Is unable to walk, see, hear, or speak;

(c) Is unable to breathe without mechanical assistance;

(d) Is a person with an intellectual and developmental disability as defined in section 25.5-10-202, C.R.S.;

(e) Is a person with a mental illness as the term is defined in section 27-65-102 (14), C.R.S.;

(f) Is mentally impaired as the term is defined in  section 24-34-501(1.3)(b)(II), C.R.S.;

(g) Is blind as that term is defined in section 26-2-103 (3), C.R.S.; or

(h) Is receiving care and treatment for a developmental disability under article 10.5 of title 27, C.R.S.

(12) "Position of trust" means assuming a responsibility, duty, or fiduciary relationship toward an at-risk adult or at-risk juvenile.

(13) “Undue influence” means the use of influence to take advantage of an at-risk elder's vulnerable state of mind, neediness, pain, or emotional distress.

Criminal Financial Exploitation
C.R.S. 18-6.5-103 (2015)
TITLE 18. CRIMINAL CODE 

ARTICLE 6.5. WRONGS TO AT-RISK ADULTS

18-6.5-103. Crimes against at-risk adults and at-risk juveniles - classifications

(1) Crimes against at-risk adults and at-risk juveniles shall be as prescribed in this section.

(2) Any person whose conduct amounts to criminal negligence, as defined in section 18-1-501 (3), commits:

(a) A class 4 felony if such negligence results in the death of an at-risk adult or an at-risk juvenile;

(b) A class 5 felony if such negligence results in serious bodily injury to an at-risk adult or an at-risk juvenile; and

(c) A class 6 felony if such negligence results in bodily injury to an at-risk adult or an at-risk juvenile.

(3) (a) Any person who commits a crime of assault in the first degree, as such crime is described in section 18-3-202, and the victim is an at-risk adult or an at-risk juvenile commits a class 4 felony if the circumstances described in section 18-3-202 (2) (a) are present and a class 2 felony if such circumstances are not present.

(b) Any person who commits a crime of assault in the second degree, as such crime is described in section 18-3-203, and the victim is an at-risk adult or an at-risk juvenile commits a class 5 felony if the circumstances described in section 18-3-203 (2)(a) are present and a class 3 felony if such circumstances are not present.

(c) Any person who commits a crime of assault in the third degree, as such crime is described in section 18-3-204, and the victim is an at-risk adult or an at-risk juvenile commits a class 6 felony.

(4) Any person who commits robbery, as such crime is described in section 18-4-301(1), and the victim is an at-risk adult or an at-risk juvenile, commits a class 3 felony. If the offender is convicted of robbery of an at-risk adult or an at-risk juvenile, the court shall sentence the defendant to the department of corrections for at least the presumptive sentence under section 18-1.3-401(1).

(5) Any person who commits theft, and commits any element or portion of the offense in the presence of the victim, as such crime is described in section 18-4-401(1), and the victim is an at-risk adult or an at-risk juvenile, or who commits theft against an at-risk adult or an at-risk juvenile while acting in a position of trust, whether or not in the presence of the victim, commits a class 5 felony if the value of the thing involved is less than five hundred dollars or a class 3 felony if the value of the thing involved is five hundred dollars or more. Theft from the person of an at-risk adult or an at-risk juvenile by means other than the use of force, threat, or intimidation is a class 4 felony without regard to the value of the thing taken.

(5.5) A person who commits theft, and commits any element or portion of the offense in the presence of the victim, as such crime is described in section 18-4-401(1), and the victim is an at-risk elder, or who commits theft against an at-risk elder while acting in a position of trust, whether or not in the presence of the victim, or commits theft against an at-risk elder knowing the victim is an at-risk elder, whether in the presence of the victim or not, commits a class 5 felony if the value of the thing involved is less than five hundred dollars or a class 3 felony if the value of the thing involved is five hundred dollars or more. Theft from the person of an at-risk elder by means other than the use of force, threat, or intimidation is a class 4 felony without regard to the value of the thing taken.

(6) Any person who knowingly commits caretaker neglect against an at-risk adult, an at-risk elder, or an at-risk juvenile or knowingly acts in a manner likely to be injurious to the physical or mental welfare of an at-risk adult, an at-risk elder, or an at-risk juvenile commits a class 1 misdemeanor.

(7) (a) Any person who commits a crime of sexual assault, as such crime is described in section 18-3-402, sexual assault in the first degree, as such crime was described in section 18-3-402, as it existed prior to July 1, 2000, and the victim is an at-risk adult or an at-risk juvenile commits a class 2 felony.

(b) Any person who commits a crime of sexual assault in the second degree, as such crime was described in section 18-3-403, as it existed prior to July 1, 2000, and the victim is an at-risk adult or an at-risk juvenile, commits a class 3 felony.

(c) Any person who commits unlawful sexual contact, as such crime is described in section 18-3-404 or sexual assault in the third degree, as such crime was described in section 18-3-404, as it existed prior to July 1, 2000, and the victim is an at-risk adult or an at-risk juvenile, commits a class 6 felony; except that the person commits a class 3 felony if the person compels the victim to submit by use of such force, intimidation, or threat as specified in section 18-3-402 (4)(a), (4)(b), or (4)(c), or if the actor engages in the conduct described in section 18-3-404(1)(g) or (1.5).

(d) Any person who commits sexual assault on a child, as such crime is described in section 18-3-405, and the victim is an at-risk juvenile, commits a class 3 felony; except that, if the circumstances described in section 18-3-405(2)(a), (2)(b), (2)(c), or (2)(d) are present, the person commits a class 2 felony.

(e) Any person who commits sexual assault on a child by one in a position of trust, as such crime is described in section 18-3-405.3, and the victim is an at-risk juvenile, commits a class 2 felony if the victim is less than fifteen years of age or a class 3 felony if the victim is fifteen years of age or older but less than eighteen years of age.

(f) Any person who commits sexual assault on a client by a psychotherapist, as such crime is described in section 18-3-405.5, and the victim is an at-risk adult or an at-risk juvenile, commits a class 3 felony if the circumstances described in section 18-3-405.5(1) exist or a class 6 felony if such circumstances are not present.

(7.5)(a) A person commits criminal exploitation of an at-risk elder when he or she knowingly uses deception, harassment, intimidation, or undue influence to permanently or temporarily deprive an at-risk elder of the use, benefit, or possession of any thing of value.

(b) Criminal exploitation of an at-risk elder is a class 3 felony if the thing of value is five hundred dollars or greater. Criminal exploitation of an at-risk elder is a class 5 felony if the thing of value is less than five hundred dollars.

(8) For purposes of subsections (3) to (7.5) of this section, commission of the offenses described in said subsections shall include the attempt, solicitation, or conspiracy to commit such offenses.

Civil Elder Abuse
C.R.S. 26-3.1-101 through 26-3.1-111 (2017)

C.R.S. 26-3.1-101 (2017)

TITLE 26. HUMAN SERVICES CODE  ARTICLE 3.1. PROTECTIVE SERVICES FOR ADULTS AT RISK OF MISTREATMENT OR SELF-NEGLECT  PART 1. PROTECTIVE SERVICES FOR AT-RISK ADULTS

As used in this article 3.1, unless the context otherwise requires: (1) "Abuse" means any of the following acts or omissions committed against an at-risk adult:(a) The nonaccidental infliction of physical pain or injury, as demonstrated by, but not limited to, substantial or multiple skin bruising, bleeding, malnutrition, dehydration, burns, bone fractures, poisoning, subdural hematoma, soft tissue swelling, or suffocation;(b) Confinement or restraint that is unreasonable under generally accepted caretaking standards; or (c) Subjection to sexual conduct or contact classified as a crime under the "Colorado Criminal Code", title 18, C.R.S.

(2.3) (a) "Caretaker neglect" means neglect that occurs when adequate food, clothing, shelter, psychological care, physical care, medical care, habilitation, supervision, or other treatment necessary for the health or safety of the at-risk adult is not secured for an at-risk adult or is not provided by a caretaker in a timely manner and with the degree of care that a reasonable person in the same situation would exercise, or a caretaker knowingly uses harassment, undue influence, or intimidation to create a hostile or fearful environment for an at-risk adult. (b) Notwithstanding the provisions of paragraph (a) of this subsection (2.3), the withholding, withdrawing, or refusing of any medication, any medical procedure or device, or any treatment, including but not limited to resuscitation, cardiac pacing, mechanical ventilation, dialysis, artificial nutrition and hydration, any medication or medical procedure or device, in accordance with any valid medical directive or order, or as described in a palliative plan of care, is not deemed caretaker neglect. (c) As used in this subsection (2.3), "medical directive or order" includes a medical durable power of attorney, a declaration as to medical treatment executed pursuant to section 15-18-104, C.R.S., a medical order for scope of treatment form executed pursuant to article 18.7 of title 15, C.R.S., and a CPR directive executed pursuant to article 18.6 of title 15, C.R.S.

(4) "Exploitation" means an act or omission committed by a person that: (a) Uses deception, harassment, intimidation, or undue influence to permanently or temporarily deprive an at-risk adult 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 adult; (c) Forces, compels, coerces, or entices an at-risk adult to perform services for the profit or advantage of the person or another person against the will of the at-risk adult; or (d) Misuses the property of an at-risk adult in a manner that adversely affects the at-risk adult's ability to receive health care or health care benefits or to pay bills for basic needs or obligations.

(10) "Self-neglect" means an act or failure to act whereby an at-risk adult substantially endangers his or her health, safety, welfare, or life by not seeking or obtaining services necessary to meet his or her essential human needs. Choice of lifestyle or living arrangements shall not, by itself, be evidence of self-neglect. Refusal of medical treatment, medications, devices, or procedures by an adult or on behalf of an adult by a duly authorized surrogate medical decision maker or in accordance with a valid medical directive or order, or as described in a palliative plan of care, shall not be deemed self-neglect. Refusal of food and water in the context of a life-limiting illness shall not, by itself, be evidence of self-neglect. As used in this subsection (10), "medical directive or order" includes, but is not limited to, a medical durable power of attorney, a declaration as to medical treatment executed pursuant to section 15-18-104, C.R.S., a medical orders for scope of treatment form executed pursuant to article 18.7 of title 15, C.R.S., and a CPR directive executed pursuant to article 18.6 of title 15, C.R.S.

Criminal Elder Abuse
Colo. Rev. Stat. § 18-6.5-103

 (1) Crimes against at-risk
persons are as prescribed in this section.
(2) Any person whose conduct amounts to criminal negligence, as defined in section 18-1-
501 (3), commits:
(a) A class 4 felony if such negligence results in the death of an at-risk person;
(b) A class 5 felony if such negligence results in serious bodily injury to an at-risk person;
and
(c) A class 6 felony if such negligence results in bodily injury to an at-risk person.
(3) (a) Any person who commits a crime of assault in the first degree, as such crime is
described in section 18-3-202, and the victim is an at-risk person, commits a class 4 felony if the
circumstances described in section 18-3-202 (2) (a) are present and a class 2 felony if such
circumstances are not present.
(b) Any person who commits a crime of assault in the second degree, as such crime is
described in section 18-3-203, and the victim is an at-risk person, commits a class 5 felony if the
circumstances described in section 18-3-203 (2) (a) are present and a class 3 felony if such
circumstances are not present.
(c) Any person who commits a crime of assault in the third degree, as such crime is
described in section 18-3-204, and the victim is an at-risk person, commits a class 6 felony.
(4) Any person who commits robbery, as such crime is described in section 18-4-301 (1),
and the victim is an at-risk person, commits a class 3 felony. If the offender is convicted of robbery
of an at-risk person, the court shall sentence the defendant to the department of corrections for at
least the presumptive sentence under section 18-1.3-401 (1).
(5) Any person who commits theft, and commits any element or portion of the offense in the
presence of the victim, as such crime is described in section 18-4-401 (1), and the victim is an at-risk
person, or who commits theft against an at-risk person while acting in a position of trust, whether
or not in the presence of the victim, or who commits theft against an at-risk person knowing the
victim is an at-risk person, whether in the presence of the victim or not, commits a class 5 felony if
the value of the thing involved is less than five hundred dollars or a class 3 felony if the value of the
thing involved is five hundred dollars or more. Theft from the person of an at-risk person by means
other than the use of force, threat, or intimidation is a class 4 felony without regard to the value of
the thing taken.
(5.5) (Deleted by amendment, L. 2016.)
(6) Any person who knowingly commits caretaker neglect against an at-risk person or
knowingly acts in a manner likely to be injurious to the physical or mental welfare of an at-risk
person commits a class 1 misdemeanor.
(7) (a) Any person who commits a crime of sexual assault, as such crime is described in
section 18-3-402, sexual assault in the first degree, as such crime was described in section 18-3-402,
Colorado Revised Statutes 2016 317 Uncertified Printout
as it existed prior to July 1, 2000, and the victim is an at-risk person, commits a class 2 felony.
(b) Any person who commits a crime of sexual assault in the second degree, as such crime
was described in section 18-3-403, as it existed prior to July 1, 2000, and the victim is an at-risk
person, commits a class 3 felony.
(c) Any person who commits unlawful sexual contact, as such crime is described in section
18-3-404, or sexual assault in the third degree, as such crime was described in section 18-3-404, as
it existed prior to July 1, 2000, and the victim is an at-risk person, commits a class 6 felony; except
that the person commits a class 3 felony if the person compels the victim to submit by use of such
force, intimidation, or threat as specified in section 18-3-402 (4) (a), (4) (b), or (4) (c), or if the actor
engages in the conduct described in section 18-3-404 (1) (g) or (1.5).
(d) Any person who commits sexual assault on a child, as such crime is described in section
18-3-405, and the victim is an at-risk juvenile, commits a class 3 felony; except that, if the
circumstances described in section 18-3-405 (2) (a), (2) (b), (2) (c), or (2) (d) are present, the person
commits a class 2 felony.
(e) Any person who commits sexual assault on a child by one in a position of trust, as such
crime is described in section 18-3-405.3, and the victim is an at-risk juvenile, commits a class 2
felony if the victim is less than fifteen years of age or a class 3 felony if the victim is fifteen years
of age or older but less than eighteen years of age.
(f) Any person who commits sexual assault on a client by a psychotherapist, as such crime
is described in section 18-3-405.5, and the victim is an at-risk person, commits a class 3 felony if
the circumstances described in section 18-3-405.5 (1) exist or a class 6 felony if such circumstances
are not present.
(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.
(b) Criminal exploitation of an at-risk person is a class 3 felony if the thing of value is five
hundred dollars or greater. Criminal exploitation of an at-risk person is a class 5 felony if the thing
of value is less than five hundred dollars.
(8) (Deleted by amendment, L. 2016.)

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Criminal Elder Abuse
Colo. Rev. Stat. § 18-6.5-102

 As used in this article, unless the context otherwise requires:
(1) "Abuse" means any of the following acts or omissions committed against an at-risk
person:
(a) The nonaccidental infliction of bodily injury, serious bodily injury, or death;
(b) Confinement or restraint that is unreasonable under generally accepted caretaking
standards; or
(c) Subjection to sexual conduct or contact classified as a crime under this title.
(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) "At-risk juvenile" means any person who is under the age of eighteen years and is a
person with a disability as said term is defined in subsection (11) of this section.
(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.
(5) "Caretaker" means a person who:
(a) Is responsible for the care of an at-risk person as a result of a family or legal relationship;
(b) Has assumed responsibility for the care of an at-risk person; or
(c) Is paid to provide care or services to an at-risk person.
(6) (a) "Caretaker neglect" means neglect that occurs when adequate food, clothing, shelter,
psychological care, physical care, medical care, habilitation, supervision, or any other treatment
necessary for the health or safety of an at-risk person is not secured for an at-risk person or is not
provided by a caretaker in a timely manner and with the degree of care that a reasonable person in
the same situation would exercise, or a caretaker knowingly uses harassment, undue influence, or
intimidation to create a hostile or fearful environment for an at-risk person.
(b) Notwithstanding the provisions of paragraph (a) of this subsection (6), the withholding,
Colorado Revised Statutes 2016 315 Uncertified Printout
withdrawing, or refusing of any medication, any medical procedure or device, or any treatment,
including but not limited to resuscitation, cardiac pacing, mechanical ventilation, dialysis, and
artificial nutrition and hydration, in accordance with any valid medical directive or order or as
described in a palliative plan of care, is not deemed caretaker neglect.
(c) As used in this subsection (6), "medical directive or order" includes a medical durable
power of attorney, a declaration as to medical treatment executed pursuant to section 15-18-104,
C.R.S., a medical order for scope of treatment form executed pursuant to article 18.7 of title 15,
C.R.S., and a CPR directive executed pursuant to article 18.6 of title 15, C.R.S.
(7) "Clergy member" means a priest; rabbi; duly ordained, commissioned, or licensed
minister of a church; member of a religious order; or recognized leader of any religious body.
(8) "Convicted" and "conviction" mean a plea of guilty accepted by the court, including a
plea of guilty entered pursuant to a deferred sentence under section 18-1.3-102, a verdict of guilty
by a judge or jury, or a plea of no contest accepted by the court.
(9) "Crime against an at-risk person" means any offense listed in section 18-6.5-103 or
criminal attempt, conspiracy, or solicitation to commit any of those offenses.
(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.
(10.5) "Mistreated" or "mistreatment" means:
(a) Abuse;
(b) Caretaker neglect; or
(c) Exploitation.
(11) "Person with a disability" means any person who:
(a) Is impaired because of the loss of or permanent loss of use of a hand or foot or because
of blindness or the permanent impairment of vision of both eyes to such a degree as to constitute
virtual blindness;
(b) Is unable to walk, see, hear, or speak;
(c) Is unable to breathe without mechanical assistance;
(d) Is a person with an intellectual and developmental disability as defined in section 25.5-
10-202, C.R.S.;
(e) Is a person with a mental illness as the term is defined in section 27-65-102 (14), C.R.S.;
(f) Is mentally impaired as the term is defined in section 24-34-501 (1.3) (b) (II), C.R.S.;
(g) Is blind as that term is defined in section 26-2-103 (3), C.R.S.; or
(h) Is receiving care and treatment for a developmental disability under article 10.5 of title
27, C.R.S.
(12) "Position of trust" means assuming a responsibility, duty, or fiduciary relationship
Colorado Revised Statutes 2016 316 Uncertified Printout
toward an at-risk adult or at-risk juvenile.
(13) "Undue influence" means the use of influence to take advantage of an at-risk person's
vulnerable state of mind, neediness, pain, or emotional distress.

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