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.
Showing results 1 - 8 of 8
Citation Statute
Civil Financial Exploitation
Iowa Code § 235B.2 (2020)

TITLE VI HUMAN SERVICES 
SUBTITLE 6 CHILDREN AND FAMILIES 
CHAPTER 235B DEPENDENT ADULT ABUSE SERVICES - INFORMATION REGISTRY 
GENERAL PROVISIONS
235B.2 Definitions.

5. a. “Dependent adult abuse” means:
(1) Any of the following as a result of the willful or negligent acts or omissions of a caretaker:
(a) Physical injury to, or injury which is at a variance with the history given of the injury, or unreasonable confinement, unreasonable punishment, or assault of a dependent adult.
(b) The commission of a sexual offense under chapter 709 or section 726.2 with or against a dependent adult.
(c) Exploitation of a dependent adult which means the act or process of taking unfair advantage of a dependent adult or the adult's physical or financial resources, without the informed consent of the dependent adult, including theft, by the use of undue influence, harassment, duress, deception, false representation, or false pretenses.
(d) The deprivation of the minimum food, shelter, clothing, supervision, physical or mental health care, or other care necessary to maintain a dependent adult's life or health.



4. “Dependent adult” means a person eighteen years of age or older who is unable to protect the person's own interests or unable to adequately perform or obtain services necessary to meet essential human needs, as a result of a physical or mental condition which requires assistance from another, or as defined by departmental rule.

Criminal Financial Exploitation
Iowa Code § 235B.2(4) & (5.a.)(1)(c) (2020)

Subtitle 6. Children and Families
Chapter 235B. Dependent Adult Abuse Services--Information Registry
Subchapter I. General Provisions
§ 235B.2. Definitions

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

5. a. “Dependent adult abuse” means:

(1) Any of the following as a result of the willful or negligent acts or omissions of a caretaker:

(c) Exploitation of a dependent adult which means the act or process of taking unfair advantage of a dependent adult or the adult's physical or financial resources, without the informed consent of the dependent adult, including theft, by the use of undue influence, harassment, duress, deception, false representation, or false pretenses.


4. “Dependent adult” means a person eighteen years of age or older who is unable to protect the person's own interests or unable to adequately perform or obtain services necessary to meet essential human needs, as a result of a physical or mental condition which requires assistance from another, or as defined by departmental rule.

Criminal Financial Exploitation
Iowa Code § 235B.20(5) & (8) (2020)

Title VI. Human Services
Subtitle 6. Children and Families
Chapter 235B. Dependent Adult Abuse Services--Information Registry
Subchapter III. Miscellaneous Provisions
§ 235B.20. Dependent adult abuse--initiation of charges--penalty

5. A caretaker who commits dependent adult abuse by exploiting a dependent adult in violation of this chapter is guilty of a class “D” felony if the value of the property, assets, or resources exceeds one hundred dollars.

8. A caretaker who commits dependent adult abuse by exploiting a dependent adult in violation of this chapter is guilty of a simple misdemeanor if the value of the property, assets, or resources is one hundred dollars or less.

Civil Elder Abuse
Iowa Code §§ 235B.1 through 235B.20   (2017)

Iowa Code § 235B.2  (2017)

Title VI  Human Services  Subtitle 6  Children and Families  Chapter 235B  Dependent Adult Abuse Services -- Information Registry  General Provisions

  5.  a. "Dependent adult abuse" means:   (1) Any of the following as a result of the willful or negligent acts or omissions of a caretaker:  (a) Physical injury to, or injury which is at a variance with the history given of the injury, or unreasonable confinement, unreasonable punishment, or assault of a dependent adult. 

  (b) The commission of a sexual offense under chapter 709 or section 726.2 with or against a dependent adult.

  (c) Exploitation of a dependent adult which means the act or process of taking unfair advantage of a dependent adult or the adult's physical or financial resources for one's own personal or pecuniary profit, without the informed consent of the dependent adult, including theft, by the use of undue influence, harassment, duress, deception, false representation, or false pretenses.

     (d) The deprivation of the minimum food, shelter, clothing, supervision, physical or mental health care, or other care necessary to maintain a dependent adult's life or health.

                 (2) The deprivation of the minimum food, shelter, clothing, supervision, physical or mental health care, and other care necessary to maintain a dependent adult's life or health as a result of the acts or omissions of the dependent adult.      

    (3)  (a) Sexual exploitation of a dependent adult by a caretaker.       (b) "Sexual exploitation" means any consensual or nonconsensual sexual conduct with a dependent adult which includes but is not limited to kissing; touching of the clothed or unclothed inner thigh, breast, groin, buttock, anus, pubes, or genitals; or a sex act, as defined in section 702.17. "Sexual exploitation" includes the transmission, display, taking of electronic images of the unclothed breast, groin, buttock, anus, pubes, or genitals of a dependent adult by a caretaker for a purpose not related to treatment or diagnosis or as part of an ongoing assessment, evaluation, or investigation. Sexual exploitation does not include touching which is part of a necessary examination, treatment, or care by a caretaker acting within the scope of the practice or employment of the caretaker; the exchange of a brief touch or hug between the dependent adult and a caretaker for the purpose of reassurance, comfort, or casual friendship; or touching between spouses.

Criminal Elder Abuse
Iowa Code § 235(B).2(1)

1. “Caretaker” means a related or nonrelated person who has the responsibility for the
protection, care, or custody of a dependent adult as a result of assuming the responsibility
voluntarily, by contract, through employment, or by order of the court.

https://www.legis.iowa.gov/law/iowaCode/sections?c...
Criminal Elder Abuse
Iowa Code § 235B.2(4)

4. “Dependent adult” means a person eighteen years of age or older who is unable
to protect the person’s own interests or unable to adequately perform or obtain services
necessary to meet essential human needs, as a result of a physical or mental condition which
requires assistance from another, or as defined by departmental rule

https://www.legis.iowa.gov/law/iowaCode/sections?c...
Criminal Elder Abuse
Iowa Code § 235B.20

1.  Charges of dependent adult abuse may be initiated upon complaint of private individuals or as a result of investigations by social service agencies or on the direct initiative of a county attorney or law enforcement agency.

2.  A caretaker who intentionally commits dependent adult abuse on a dependent adult in violation of this chapter is guilty of a class “C” felony if the intentional dependent adult abuse results in serious injury.

3.  A caretaker who recklessly commits dependent adult abuse on a dependent adult in violation of this chapter is guilty of a class “D” felony if the reckless dependent adult abuse results in serious injury.

4.  A caretaker who intentionally commits dependent adult abuse on a dependent adult in violation of this chapter is guilty of a class “C” felony if the intentional dependent adult abuse results in physical injury.

5.  A caretaker who commits dependent adult abuse by exploiting a dependent adult in violation of this chapter is guilty of a class “D” felony if the value of the property, assets, or resources exceeds one hundred dollars.

6.  A caretaker who recklessly commits dependent adult abuse on a person in violation of this chapter is guilty of an aggravated misdemeanor if the reckless dependent adult abuse results in physical injury.

7.  A caretaker who otherwise intentionally or knowingly commits dependent adult abuse upon a dependent adult in violation of this chapter is guilty of a serious misdemeanor.

8.  A caretaker who commits dependent adult abuse by exploiting a dependent adult in violation of this chapter is guilty of a simple misdemeanor if the value of the property, assets, or resources is one hundred dollars or less.

9.  A caretaker alleged to have committed a violation of this chapter shall be charged with the respective offense cited, unless a charge may be brought based upon a more serious offense, in which case the charge of the more serious offense shall supersede the less serious charge.

96 Acts, ch 1130, §10; 2009 Acts, ch 107, §4

Referred to in §235E.4

https://law.justia.com/codes/iowa/2014/title-vi/su...
Criminal Elder Abuse
Iowa Code § 726.8

726.8 Wanton neglect or nonsupport of a dependent adult.
1. A caretaker commits wanton neglect of a dependent adult if the caretaker knowingly
acts in a manner likely to be injurious to the physical, mental, or emotional welfare of a
dependent adult. Wanton neglect of a dependent adult is a serious misdemeanor.
2. A person who has legal responsibility either through contract or court order for support
of a dependent adult and who fails or refuses to provide support commits nonsupport.
Nonsupport is a class “D” felony.
3. A person alleged to have committed wanton neglect or nonsupport of a dependent adult
shall be charged with the respective offense unless a charge may be brought based upon a
more serious offense, in which case the charge of the more serious offense shall supersede
the less serious charge.
4. For the purposes of this section, “dependent adult” means a dependent adult as defined
in section 235B.2, subsection

https://www.legis.iowa.gov/law/iowaCode/sections?c...