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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
Iowa Code § 235B.2 (2016)

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:

(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.


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 (2016)

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

235B.2 Definitions.

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

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.

2. "Court" means the district court.

3. "Department" means the department of human services.

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.

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.

b. "Dependent adult abuse" does not include any of the following:

(1) Circumstances in which the dependent adult declines medical treatment if the dependent adult holds a belief or is an adherent of a religion whose tenets and practices call for reliance on spiritual means in place of reliance on medical treatment.

(2) Circumstances in which the dependent adult's caretaker, acting in accordance with the dependent adult's stated or implied consent, declines medical treatment if the dependent adult holds a belief or is an adherent of a religion whose tenets and practices call for reliance on spiritual means in place of reliance on medical treatment.

(3) The withholding or withdrawing of health care from a dependent adult who is terminally ill in the opinion of a licensed physician, when the withholding or withdrawing of health care is done at the request of the dependent adult or at the request of the dependent adult's next of kin, attorney in fact, or guardian pursuant to the applicable procedures under chapter 125, 144A, 144B, 222, 229, or 633.

6. "Emergency shelter services" means and includes, but is not limited to, secure crisis shelters or housing for victims of dependent adult abuse.

7. "Family or household member" means a spouse, a person cohabiting with the dependent adult, a parent, or a person related to the dependent adult by consanguinity or affinity, but does not include children of the dependent adult who are less than eighteen years of age.

8. "Immediate danger to health or safety" means a situation in which death or severe bodily injury could reasonably be expected to occur without intervention.

9. "Individual employed as an outreach person" means a natural person who, in the course of employment, makes regular contacts with dependent adults regarding available community resources.

10. "Legal holiday" means a legal public holiday as defined in section 1C.1.

11. "Person" means person as defined in section 4.1.

12. "Recklessly" means that a person acts or fails to act with respect to a material element of a public offense, when the person is aware of and consciously disregards a substantial and unjustifiable risk that the material element exists or will result from the act or omission. The risk must be of such a nature and degree that disregard of the risk constitutes a gross deviation from the standard conduct that a reasonable person would observe in the situation.

13. "Serious injury" means the same as defined in section 702.18.

14. "Support services" includes but is not limited to community-based services including area agency on aging assistance, mental health services, fiscal management, home health services, housing-related services, counseling services, transportation services, adult day services, respite services, legal services, and advocacy services.

Criminal Financial Exploitation
Iowa Code § 235B.20 (2016)

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

235B.20 Dependent adult abuse -- initiation of charges -- penalty.

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.

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...