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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
Md. FAMILY LAW Code Ann. § 14-101  (2016)

FAMILY LAW 

TITLE 14.  ADULT PROTECTIVE SERVICES 

SUBTITLE 1.  DEFINITIONS AND GENERAL PROVISIONS

§ 14-101. Definitions

(f) “Exploitation” means any action which involves the misuse of a vulnerable adult’s funds, property, or person.


(q) Vulnerable adult. -- "Vulnerable adult" means an adult who lacks the physical or mental capacity to provide for the adult's daily needs.

Criminal Financial Exploitation
MD. CODE ANN., CRIM. LAW § 3-604 (2016)
CRIMINAL LAW 

TITLE 3.  OTHER CRIMES AGAINST THE PERSON 
SUBTITLE 6.  ABUSE AND OTHER OFFENSIVE CONDUCT

§ 3-604. Abuse or neglect of a vulnerable adult

(10) "Vulnerable adult" means an adult who lacks the physical or mental capacity to provide for the adult's daily needs.

Criminal Financial Exploitation
MD. CODE ANN., CRIM. LAW § 8-801 (2016)

CRIMINAL LAW 
TITLE 8.  FRAUD AND RELATED CRIMES 
SUBTITLE 8.  FINANCIAL CRIMES AGAINST VULNERABLE ADULTS

§ 8-801. Exploitation of vulnerable adults prohibited

   (a) Definitions. --

   (1) In this section the following words have the meanings indicated.

   (2) "Deception" has the meaning stated in § 7-101 of this article.

   (3) "Deprive" has the meaning stated in § 7-101 of this article.

   (4) "Obtain" has the meaning stated in § 7-101 of this article.

   (5) "Property" has the meaning stated in § 7-101 of this article.

   (6) (i) "Undue influence" means domination and influence amounting to force and coercion exercised by another person to such an extent that a vulnerable adult or an individual at least 68 years old was prevented from exercising free judgment and choice.

      (ii) "Undue influence" does not include the normal influence that one member of a family has over another member of the family.

   (7) "Value" has the meaning stated in § 7-103 of this article.

   (8) "Vulnerable adult" has the meaning stated in § 3-604 of this article.

(b) Prohibited. --

   (1) A person may not knowingly and willfully obtain by deception, intimidation, or undue influence the property of an individual that the person knows or reasonably should know is a vulnerable adult with intent to deprive the vulnerable adult of the vulnerable adult's property.

   (2) A person may not knowingly and willfully obtain by deception, intimidation, or undue influence the property of an individual that the person knows or reasonably should know is at least 68 years old, with intent to deprive the individual of the individual's property.

(c) Penalty. --

   (1) (i) A person convicted of a violation of this section when the value of the property is at least $ 1,000 but less than $ 10,000 is guilty of a felony and:

         1. is subject to imprisonment not exceeding 10 years or a fine not exceeding $ 10,000 or both; and

         2. shall restore the property taken or its value to the owner, or, if the owner is deceased, restore the property or its value to the owner's estate.

      (ii) A person convicted of a violation of this section when the value of the property is at least $ 10,000 but less than $ 100,000 is guilty of a felony and:

         1. is subject to imprisonment not exceeding 15 years or a fine not exceeding $ 15,000 or both; and

         2. shall restore the property taken or its value to the owner, or, if the owner is deceased, restore the property or its value to the owner's estate.

      (iii) A person convicted of a violation of this section when the value of the property is $ 100,000 or more is guilty of a felony and:

         1. is subject to imprisonment not exceeding 25 years or a fine not exceeding $ 25,000 or both; and

         2. shall restore the property taken or its value to the owner, or, if the owner is deceased, restore the property or its value to the owner's estate.

   (2) A person convicted of a violation of this section when the value of the property is less than $ 1,000 is guilty of a misdemeanor and:

      (i) is subject to imprisonment not exceeding 18 months or a fine not exceeding $ 500 or both; and

      (ii) shall restore the property taken or its value to the owner, or, if the owner is deceased, restore the property or its value to the owner's estate.

(d) Sentencing. -- A sentence imposed under this section may be separate from and consecutive to or concurrent with a sentence for any crime based on the act or acts establishing the violation of this section.

(e) Disqualification. --

   (1) If a defendant fails to restore fully the property taken or its value as ordered under subsection (c) of this section, the defendant is disqualified, to the extent of the defendant's failure to restore the property or its value, from inheriting, taking, enjoying, receiving, or otherwise benefiting from the estate, insurance proceeds, or property of the victim of the offense, whether by operation of law or pursuant to a legal document executed or entered into by the victim before the defendant shall have been convicted under this section.

   (2) The defendant has the burden of proof with respect to establishing under paragraph (1) of this subsection that the defendant has fully restored the property taken or its value.

(f) Construction of section. -- This section may not be construed to impose criminal liability on a person who, at the request of the victim of the offense, the victim's family, or the court appointed guardian of the victim, has made a good faith effort to assist the victim in the management of or transfer of the victim's property.

Civil Elder Abuse
Md. FAMILY LAW Code Ann. §§  14-101 through 14-404 (2018)

Md. FAMILY LAW Code Ann. § 14-101  (2018)

FAMILY LAW 
TITLE 14.  ADULT PROTECTIVE SERVICES 
SUBTITLE 1.  DEFINITIONS AND GENERAL PROVISIONS

(b) Abuse. -- "Abuse" means the sustaining of any physical injury by a vulnerable adult as a result of cruel or inhumane treatment or as a result of a malicious act by any person.

(f) Exploitation. -- "Exploitation" means any action which involves the misuse of a vulnerable adult's funds, property, or person.

(l) Neglect. -- (1) "Neglect" means the willful deprivation of a vulnerable adult of adequate food, clothing, essential medical treatment or habilitative therapy, shelter, or supervision. (2) "Neglect" does not include the providing of nonmedical remedial care and treatment for the healing of injury or disease, with the consent of the vulnerable adult, recognized by State law instead of medical treatment.

Criminal Elder Abuse
Md. Crim Code Ann. § 3–604.  

(a)    (1)   In this section and §§ 3-605 and 3-606 of this subtitle the following words have the meanings indicated.
(2)    (i)   “Abuse” means the sustaining of physical pain or injury by a vulnerable adult as a result of cruel or inhumane treatment or as a result of a malicious act under circumstances that indicate that the vulnerable adult’s health or welfare is harmed or threatened.
(ii)   “Abuse” includes the sexual abuse of a vulnerable adult.
(iii)   “Abuse” does not include an accepted medical or behavioral procedure ordered by a health care provider authorized to practice under the Health Occupations Article or § 13-516 of the Education Article acting within the scope of the health care provider’s practice.
(3)   “Caregiver” means a person under a duty to care for a vulnerable adult because of a contractual undertaking to provide care.
(4)   “Family member” means a relative of a vulnerable adult by blood, marriage, adoption, or the marriage of a child.
(5)   “Household” means the location:
(i)   in which the vulnerable adult resides;
(ii)   where the abuse or neglect of a vulnerable adult is alleged to have taken place; or
(iii)   where the person suspected of abusing or neglecting a vulnerable adult resides.
(6)   “Household member” means an individual who lives with or is a regular presence in a home of a vulnerable adult at the time of the alleged abuse or neglect.
(7)    (i)   “Neglect” means the intentional failure to provide necessary assistance and resources for the physical needs of a vulnerable adult, including:
1.   food;
2.   clothing;
3.   toileting;
4.   essential medical treatment;
5.   shelter; or
6.   supervision.
(ii)   “Neglect” does not include the provision of nonmedical remedial care and treatment for the healing of injury or disease that is:
1.   given with the consent of the vulnerable adult; and
2.   recognized by State law in place of medical treatment.
(8)   “Serious physical injury” means physical injury that:
(i)   creates a substantial risk of death; or
(ii)   causes permanent or protracted serious:
1.   disfigurement;
2.   loss of the function of any bodily member or organ; or
3.   impairment of the function of any bodily member or organ.
(9)    (i)   “Sexual abuse” means an act that involves sexual molestation or exploitation of a vulnerable adult.
(ii)   “Sexual abuse” includes:
1.   incest;
2.   rape;
3.   sexual offense in any degree;
4.   sodomy; and
5.   unnatural or perverted sexual practices.
(10)   “Vulnerable adult” means an adult who lacks the physical or mental capacity to provide for the adult’s daily needs.
(b)    (1)   A caregiver, a parent, or other person who has permanent or temporary care or responsibility for the supervision of a vulnerable adult may not cause abuse or neglect of the vulnerable adult that:
(i)   results in the death of the vulnerable adult;
(ii)   causes serious physical injury to the vulnerable adult; or
(iii)   involves sexual abuse of the vulnerable adult.
(2)   A household member or family member may not cause abuse or neglect of a vulnerable adult that:
(i)   results in the death of the vulnerable adult;
(ii)   causes serious physical injury to the vulnerable adult; or
(iii)   involves sexual abuse of the vulnerable adult.
(c)   A person who violates this section is guilty of the felony of abuse or neglect of a vulnerable adult in the first degree and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 or both.
(d)   A sentence imposed under this section shall be in addition to any other sentence imposed for a conviction arising from the same facts and circumstances unless the evidence required to prove each crime is substantially identical.

http://mgaleg.maryland.gov/webmga/frmStatutesText....
Criminal Elder Abuse
Md. Crim. Code Ann. § 8–801.

(a) (1) In this section the following words have the meanings indicated. (2) “Deception” has the meaning stated in § 7–101 of this article. (3) “Deprive” has the meaning stated in § 7–101 of this article. (4) “Obtain” has the meaning stated in § 7–101 of this article. (5) “Property” has the meaning stated in § 7–101 of this article. (6) (i) “Undue influence” means domination and influence amounting to force and coercion exercised by another person to such an extent that a vulnerable adult or an individual at least 68 years old was prevented from exercising free judgment and choice. (ii) “Undue influence” does not include the normal influence that one member of a family has over another member of the family. (7) “Value” has the meaning stated in § 7–103 of this article. (8) “Vulnerable adult” has the meaning stated in § 3–604 of this article. (b) (1) A person may not knowingly and willfully obtain by deception, intimidation, or undue influence the property of an individual that the person knows or reasonably should know is a vulnerable adult with intent to deprive the vulnerable adult of the vulnerable adult’s property. (2) A person may not knowingly and willfully obtain by deception, intimidation, or undue influence the property of an individual that the person knows or reasonably should know is at least 68 years old, with intent to deprive the individual of the individual’s property. (c) (1) (i) A person convicted of a violation of this section when the value of the property is at least $1,500 but less than $25,000 is guilty of a felony and: 1. is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both; and 2. shall restore the property taken or its value to the owner, or, if the owner is deceased, restore the property or its value to the owner’s estate. (ii) A person convicted of a violation of this section when the value of the property is at least $25,000 but less than $100,000 is guilty of a felony and: 1. is subject to imprisonment not exceeding 10 years or a fine not exceeding $15,000 or both; and 2. shall restore the property taken or its value to the owner, or, if the owner is deceased, restore the property or its value to the owner’s estate. (iii) A person convicted of a violation of this section when the value of the property is $100,000 or more is guilty of a felony and: 1. is subject to imprisonment not exceeding 20 years or a fine not exceeding $25,000 or both; and 2. shall restore the property taken or its value to the owner, or, if the owner is deceased, restore the property or its value to the owner’s estate. (2) A person convicted of a violation of this section when the value of the property is less than $1,500 is guilty of a misdemeanor and: (i) is subject to imprisonment not exceeding 1 year or a fine not exceeding $500 or both; and (ii) shall restore the property taken or its value to the owner, or, if the owner is deceased, restore the property or its value to the owner’s estate. (d) A sentence imposed under this section may be separate from and consecutive to or concurrent with a sentence for any crime based on the act or acts establishing the violation of this section. (e) (1) If a defendant fails to restore fully the property taken or its value as ordered under subsection (c) of this section, the defendant is disqualified, to the extent of the defendant’s failure to restore the property or its value, from inheriting, taking, enjoying, receiving, or otherwise benefiting from the estate, insurance proceeds, or property of the victim of the offense, whether by operation of law or pursuant to a legal document executed or entered into by the victim before the defendant shall have been convicted under this section. (2) The defendant has the burden of proof with respect to establishing under paragraph (1) of this subsection that the defendant has fully restored the property taken or its value. (f) This section may not be construed to impose criminal liability on a person who, at the request of the victim of the offense, the victim’s family, or the court appointed guardian of the victim, has made a good faith effort to assist the victim in the management of or transfer of the victim’s property.

http://mgaleg.maryland.gov/2018RS/Statute_Web/gcr/...
Criminal Elder Abuse
Md. Crim. Code Ann. § 3–605.

(a)   This section does not apply to abuse that involves sexual abuse of a vulnerable adult.
(b)    (1)   A caregiver, a parent, or other person who has permanent or temporary care or responsibility for the supervision of a vulnerable adult may not cause abuse or neglect of the vulnerable adult.
(2)   A household member or family member may not cause abuse or neglect of a vulnerable adult.
(c)   A person who violates this section is guilty of the misdemeanor of abuse or neglect of a vulnerable adult in the second degree and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both.
(d)   A sentence imposed under this section shall be in addition to any other sentence imposed for a conviction arising from the same facts and circumstances unless the evidence required to prove each crime is substantially identical.

http://mgaleg.maryland.gov/2018RS/Statute_Web/gcr/...