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
D.C. Code § 7-1901 (8) (2020) & D.C. Code  § 22-3201(3) & (4) (2020)

TITLE 7 Human Health Care and Safety

CHAPTER 19 Adult Protective Services

When used in this chapter, the following terms shall have the meanings ascribed by this section:

(8) “Exploitation” means the unlawful appropriation or use of another's “property,” defined in § 22-3201, for one's own benefit or that of a 3rd person.
(F) A government-issued license, permit, or benefit.



(3) “Property” means anything of value. The term “property” includes, but is not limited to:
(A) Real property, including things growing on, affixed to, or found on land;
(B) Tangible or intangible personal property;
(C) Services;
(D) Credit;
(E) Debt; and

(4) “Property of another” means any property in which a government or a person other than the accused has an interest which the accused is not privileged to interfere with or infringe upon without consent, regardless of whether the accused also has an interest in that property. The term “property of another” includes the property of a corporation or other legal entity established pursuant to an interstate compact. The term “property of another” does not include any property in the possession of the accused as to which any other person has only a security interest.

Criminal Financial Exploitation
D.C. Code § 22-932(3) & (5) (2020)

Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties.
Subtitle 1. Criminal Offenses. 
Chapter 9A. Criminal Abuse and Neglect of Vulnerable Adults.
§ 22-932. Definitions.

For the purposes of this chapter, the term:

(3) “Elderly person” means a person who is 65 years of age or older.

(5) “Vulnerable adult” means a person who is 18 years of age or older and has one or more physical or mental limitations that substantially impair the person's ability to independently provide for his or her daily needs or safeguard his or her person, property, or legal interests.

Criminal Financial Exploitation
D.C. Code § 22-933.01(a) (2020)

Division IV. Criminal Law and Procedure and Prisoners.
Title 22. Criminal Offenses and Penalties.
Subtitle 1. Criminal Offenses. 
Chapter 9A. Criminal Abuse and Neglect of Vulnerable Adults.
§ 22-933.01. Financial exploitation of a vulnerable adult or elderly person.

(a) A person is guilty of financial exploitation of a vulnerable adult or elderly person if the person intentionally and knowingly:
(1) Uses deception, intimidation, or undue influence to obtain the property, including money, of a vulnerable adult or elderly person, with the intent to deprive the vulnerable adult or elderly person of the property or use it for the advantage of anyone other than the vulnerable adult or elderly person;
(2) Uses deception, intimidation, or undue influence to cause the vulnerable adult or elderly person to assume a legal obligation on behalf of, or for the benefit of, anyone other than the vulnerable adult or elderly person; or
(3) Violates any provision of law proscribing theft, extortion, forgery, fraud, or identity theft against the vulnerable adult or elderly person, so long as the offense was undertaken to obtain the property, including money, of a vulnerable adult or elderly person, or to cause the vulnerable adult or elderly person to assume a legal obligation on behalf of, or for the benefit of, anyone other than the vulnerable adult or elderly person.

Civil Elder Abuse
D.C. Code §§ 7-1901 through 7-1913 (2017)

D.C. Code § 7-1901  (2017)

Division I.  Government of District.  Title 7.  Human Health Care and Safety.  Subtitle I.  Protection and Care Systems.  Chapter 19.  Adult Protective Services.

   (1)  (A) "Abuse" means:              (i) The intentional or reckless infliction of serious physical pain or injury;             (ii) The use or threatened use of violence to force participation in "sexual conduct," defined in § 22-3101(5);             (iii) The repeated, intentional imposition of unreasonable confinement or threats to impose unreasonable confinement, resulting in severe mental distress;             (iv) The repeated use of threats or violence, resulting in shock or an intense, expressed fear for one's life or of serious physical injury; or             (v) The intentional or deliberately indifferent deprivation of essential food, shelter, or health care in violation of a caregiver's responsibilities, when that deprivation constitutes a serious threat to one's life or physical health.

   (8) "Exploitation" means the unlawful appropriation or use of another's "property," defined in § 22-3201, for one's own benefit or that of a 3rd person.
(3) "Property" means anything of value. The term "property" includes, but is not limited to:     (A) Real property, including things growing on, affixed to, or found on land;   (B) Tangible or intangible personal property;    (C) Services;     (D) Credit;     (E) Debt; and   (F) A government-issued license, permit, or benefit. (D.C. Code § 22-3201(3)  (2017))

   (9)  (A) "Neglect" means:             (i) The repeated, careless infliction of serious physical pain or injury;             (ii) The repeated failure of a caregiver to take reasonable steps, within the purview of his or her responsibilities, to protect against acts of abuse described in paragraph (1)(B) of this section;            (iii) The repeated, careless imposition of unreasonable confinement, resulting in severe mental distress; or             (iv) The careless deprivation of essential food, shelter, or health care in violation of a caregiver's responsibilities, when that deprivation constitutes a serious threat to one's life or physical health.

Criminal Elder Abuse
D.C. Code § 22–933

A person is guilty of criminal abuse of a vulnerable adult or elderly person if that person intentionally or knowingly:

(1) Inflicts or threatens to inflict physical pain or injury by hitting, slapping, kicking, pinching, biting, pulling hair or other corporal means;

(2) Uses repeated or malicious oral or written statements that would be considered by a reasonable person to be harassing or threatening; or

(3) Imposes unreasonable confinement or involuntary seclusion, including but not limited to, the forced separation from other persons against his or her will or the directions of any legal representative.

https://code.dccouncil.us/dc/council/code/sections...
Criminal Elder Abuse
D.C. Code § 22-932 (2020)

(3) “Elderly person” means a person who is 65 years of age or older.

Criminal Elder Abuse
D.C. Code § 22-936.01 (2020)

(a) Any person who commits the offense of financial exploitation of a vulnerable adult or elderly person in violation of § 22-933.01 shall be subject to the following criminal penalties:

(1) When the value of the property or legal obligation is $1,000 or more, a fine of not more than the amount set forth in § 22-3571.01, or imprisonment for not more than 10 years, or both.

(2) When the property or legal obligation has some value, a fine of not more than the amount set forth in § 22-3571.01, or imprisonment for not more than 180 days, or both.

(3) In addition to the penalties set forth in paragraphs (1) and (2) of this subsection, a person shall make restitution, before the payment of any fines or civil penalties.

Criminal Elder Abuse
D.C. Code § 22–933.01. 

(a) A person is guilty of financial exploitation of a vulnerable adult or elderly person if the person intentionally and knowingly:

(1) Uses deception, intimidation, or undue influence to obtain the property, including money, of a vulnerable adult or elderly person, with the intent to deprive the vulnerable adult or elderly person of the property or use it for the advantage of anyone other than the vulnerable adult or elderly person;

(2) Uses deception, intimidation, or undue influence to cause the vulnerable adult or elderly person to assume a legal obligation on behalf of, or for the benefit of, anyone other than the vulnerable adult or elderly person; or

(3) Violates any provision of law proscribing theft, extortion, forgery, fraud, or identity theft against the vulnerable adult or elderly person, so long as the offense was undertaken to obtain the property, including money, of a vulnerable adult or elderly person, or to cause the vulnerable adult or elderly person to assume a legal obligation on behalf of, or for the benefit of, anyone other than the vulnerable adult or elderly person.

(b) It is an affirmative defense that the accused knew or reasonably believed the victim was not a vulnerable adult or elderly person at the time of the offense, or could not have known or determined that the victim was a vulnerable adult or elderly person because of the manner in which the offense was committed. This defense shall be established by a preponderance of the evidence.

(c) For the purposes of this section, the term "undue influence" means mental, emotional, or physical coercion that overcomes the free will or judgment of a vulnerable adult or elderly person and causes the vulnerable adult or elderly person to act in a manner that is inconsistent with his or her financial, emotional, mental, or physical well-being.

https://code.dccouncil.us/dc/council/code/sections...