Due to the lapse in appropriations, Department of Justice websites will not be regularly updated. The Department’s essential law enforcement and national security functions will continue. Please refer to the Department of Justice’s contingency plan for more information.

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 - 5 of 5
Citation Statute
Civil Financial Exploitation
KRS § 209.020  (2016)

TITLE XVII  Economic Security and Public Welfare 

CHAPTER 209  Protection of Adults

KRS § 209.020 Definitions for chapter.

  (9) "Exploitation" means obtaining or using another person's resources, including but not limited to funds, assets, or property, by deception, intimidation, or similar means, with the intent to deprive the person of those resources;


  (4) "Adult" means a person eighteen (18) years of age or older who, because of mental or physical dysfunctioning, is unable to manage his or her own resources, carry out the activity of daily living, or protect himself or herself from neglect, exploitation, or a hazardous or abusive situation without assistance from others, and who may be in need of protective services;

Criminal Financial Exploitation
KY. REV. STAT. ANN. § 209.020 (2016)

TITLE XVII. Economic Security and Public Welfare 

CHAPTER 209. Protection of Adults

209.020.  Definitions for chapter.

(4) "Adult" means a person eighteen (18) years of age or older who, because of mental or physical dysfunctioning, is unable to manage his or her own resources, carry out the activity of daily living, or protect himself or herself from neglect, exploitation, or a hazardous or abusive situation without assistance from others, and who may be in need of protective services;

(9) "Exploitation" means obtaining or using another person's resources, including but not limited to funds, assets, or property, by deception, intimidation, or similar means, with the intent to deprive the person of those resources;

Criminal Financial Exploitation
KY. REV. STAT. ANN. § 209.990 (2016)

TITLE XVII. Economic Security and Public Welfare 
CHAPTER 209. Protection of Adults 

209.990.  Penalties.

(1) Anyone knowingly or wantonly violating the provisions of
KRS 209.030(2) shall be guilty of a Class B misdemeanor as designated in KRS 532.090. Each violation shall constitute a separate offense.

(2) Any person who knowingly abuses or neglects an adult is guilty of a Class C felony.

(3) Any person who wantonly abuses or neglects an adult is guilty of a Class D felony.

(4) Any person who recklessly abuses or neglects an adult is guilty of a Class A misdemeanor.

(5) Any person who knowingly exploits an adult, resulting in a total loss to the adult of more than three hundred dollars ($ 300) in financial or other resources, or both, is guilty of a Class C felony.

(6) Any person who wantonly or recklessly exploits an adult, resulting in a total loss to the adult of more than three hundred dollars ($ 300) in financial or other resources, or both, is guilty of a Class D felony.

(7) Any person who knowingly, wantonly, or recklessly exploits an adult, resulting in a total loss to the adult of three hundred dollars ($ 300) or less in financial or other resources, or both, is guilty of a Class A misdemeanor.

(8) If a defendant is sentenced under subsection (5), (6), or (7) of this section and fails to return the victim's property as defined in KRS 218A.405 within thirty (30) days of an order by the sentencing court to do so, or is thirty (30) days or more delinquent in a court-ordered payment schedule, then the defendant shall be civilly liable to the victim of the offense or the victim's estate for treble damages, plus reasonable attorney fees and court costs. Any interested person or entity, as defined in KRS 387.510, shall have standing to bring a civil action on the victim's behalf to enforce this section. The sentencing judge shall inform the defendant of the provisions of this subsection at sentencing.
Civil Elder Abuse
KRS §§ 209.005 through 209.195 (2017)

KRS § 209.020  (2017)

TITLE XVII  Economic Security and Public Welfare  CHAPTER 209  Protection of Adults

     (8) "Abuse" means the infliction of injury, sexual abuse, unreasonable confinement, intimidation, or punishment that results in physical pain or injury, including mental injury;

    (9) "Exploitation" means obtaining or using another person's resources, including but not limited to funds, assets, or property, by deception, intimidation, or similar means, with the intent to deprive the person of those resources;

(16) "Neglect" means a situation in which an adult is unable to perform or obtain for himself or herself the goods or services that are necessary to maintain his or her health or welfare, or the deprivation of services by a caretaker that are necessary to maintain the health and welfare of an adult; and

Criminal Elder Abuse
Ky. Rev. Stat. Ann.  § 209.990.

209.990 Penalties.
(1) Anyone knowingly or wantonly violating the provisions of KRS 209.030(2) shall be
guilty of a Class B misdemeanor as designated in KRS 532.090. Each violation
shall constitute a separate offense.
(2) Any person who knowingly abuses or neglects an adult is guilty of a Class C felony.
(3) Any person who wantonly abuses or neglects an adult is guilty of a Class D felony.
(4) Any person who recklessly abuses or neglects an adult is guilty of a Class A
misdemeanor.
(5) Any person who knowingly exploits an adult, resulting in a total loss to the adult of
more than three hundred dollars ($300) in financial or other resources, or both, is
guilty of a Class C felony.
(6) Any person who wantonly or recklessly exploits an adult, resulting in a total loss to
the adult of more than three hundred dollars ($300) in financial or other resources,
or both, is guilty of a Class D felony.
(7) Any person who knowingly, wantonly, or recklessly exploits an adult, resulting in a
total loss to the adult of three hundred dollars ($300) or less in financial or other
resources, or both, is guilty of a Class A misdemeanor.
(8) If a defendant is sentenced under subsection (5), (6), or (7) of this section and fails
to return the victim's property as defined in KRS 218A.405 within thirty (30) days
of an order by the sentencing court to do so, or is thirty (30) days or more
delinquent in a court-ordered payment schedule, then the defendant shall be civilly
liable to the victim of the offense or the victim's estate for treble damages, plus
reasonable attorney fees and court costs. Any interested person or entity, as defined
in KRS 387.510, shall have standing to bring a civil action on the victim's behalf to
enforce this section. The sentencing judge shall inform the defendant of the
provisions of this subsection at sentencing.
Effective: June 8, 2011
History: Amended 2011 Ky. Acts ch. 43, sec. 1, effective June 8, 2011. -- Amended
2005 Ky. Acts ch. 132, sec. 8, effective June 20, 2005. -- Amended 1998 Ky. Acts
ch. 249, sec. 1, effective July 15, 1998; and ch. 370, sec. 5, effective July 15, 1998. --
Amended 1986 Ky. Acts ch. 56, sec. 2, effective July 15, 1986. -- Created 1976 Ky.
Acts ch. 157, sec. 9.

http://www.lrc.ky.gov/Statutes/statute.aspx?id=396...