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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
N.D. Cent. Code, § 50-25.2-01  (2015)

TITLE 50  Public Welfare 

CHAPTER 50-25.2  Vulnerable Adult Protection Services

§ 50-25.2-01. Definitions

7. "Financial exploitation" means the taking or misuse of property or resources of a vulnerable adult by means of undue influence, breach of a fiduciary relationship, deception, harassment, criminal coercion, theft, or other unlawful or improper means.


17. "Vulnerable adult" means an adult who has a substantial mental or functional impairment.

Criminal Financial Exploitation
N.D. CENT. CODE ANN. § 12.1-31-07.1 (2015)

 
TITLE 12.1  Criminal Code 

CHAPTER 12.1-31  Miscellaneous Offenses

§ 12.1-31-07.1.  Exploitation of a vulnerable adult -- Penalty.

  1. A person is guilty of exploitation of a disabled adult or vulnerable elderly adult if:

   a. The person stands in a position of trust and confidence or has a business relationship with the disabled adult or vulnerable elderly adult and knowingly, by deception or intimidation, obtains or uses, or attempts to obtain or use, the disabled adult's or vulnerable elderly adult's funds, assets, or property with the intent to temporarily or permanently deprive the disabled adult or vulnerable elderly adult of the use, benefit, or possession of the property, for the benefit of someone other than the disabled adult or vulnerable elderly adult; or

   b. The person knows that the disabled adult or vulnerable elderly adult lacks the capacity to consent, and obtains or uses, or attempts to obtain or use, or assists another in obtaining or using or attempting to obtain or use, the disabled adult's or vulnerable elderly adult's funds, assets, or property with the intent to temporarily or permanently deprive the disabled adult or vulnerable elderly adult of the use, benefit, or possession of the property for the benefit of someone other than the disabled adult or vulnerable elderly adult.

2. Exploitation of a disabled adult or vulnerable elderly adult is:

   a. A class A felony if the value of the exploited funds, assets, or property exceeds fifty thousand dollars.

   b. A class B felony if the value of the exploited funds, assets, or property exceeds ten thousand dollars but does not exceed fifty thousand dollars.

   c. A class C felony if the value of the exploited funds, assets, or property is in excess of one thousand dollars but does not exceed ten thousand dollars.

   d. A class A misdemeanor if the value of the exploited funds, assets, or property does not exceed one thousand dollars.

3. It is not a defense to a prosecution of a violation of this section that the accused did not know the age of the victim.

4. This section does not impose criminal liability on a person who has:

   a. Managed the disabled adult's or vulnerable elderly adult's funds, assets, or property in a manner that clearly gives primacy to the needs and welfare of that person or is consistent with any explicit written authorization; or

   b. Made a good-faith effort to assist in the management of the disabled adult's or vulnerable elderly adult's funds, assets, or property.

Criminal Financial Exploitation
N.D. CENT. CODE ANN. § 50-25.2-01  (2015)

 

TITLE 50  Public Welfare 
CHAPTER 50-25.2  Vulnerable Adult Protection Services

7. “Financial exploitation” means the taking or misuse of property or resources of a vulnerable adult by means of undue influence, breach of a fiduciary relationship, deception, harassment, criminal coercion, theft, or other unlawful or improper means.

17. "Vulnerable adult" means an adult who has a substantial mental or functional impairment.

Civil Elder Abuse
N.D. Cent. Code, §§ 50-25.2-01 through 50-25.2-14  (2017)

N.D. Cent. Code, § 50-25.2-01  (2017)

TITLE 50  Public Welfare  CHAPTER 50-25.2  Vulnerable Adult Protection Services

  1. "Abuse" means any willful act or omission of a caregiver or any other person which results in physical injury, mental anguish, unreasonable confinement, sexual abuse or exploitation, or financial exploitation to or of a vulnerable adult.

  7. "Financial exploitation" means use or receipt of services provided by the vulnerable adult without just compensation, the taking, acceptance, misappropriation, or misuse of property or resources of a vulnerable adult by means of undue influence, breach of a fiduciary relationship, deception, harassment, criminal coercion, theft, or other unlawful or improper means.

11. "Neglect" means the failure of a caregiver to provide essential services necessary to maintain the physical and mental health of a vulnerable adult, or the inability or lack of desire of the vulnerable adult to provide essential services necessary to maintain and safeguard the vulnerable adult's own physical and mental health.

 14. "Sexual abuse or exploitation" includes those sex offenses defined in sections 12.1-20-02, 12.1-20-03, 12.1-20-04, 12.1-20-05, 12.1-20-06, 12.1-20-07, and 12.1-20-11.

Criminal Elder Abuse
N.D. Cent. Code § 12.1-31-07.1

1. A person is guilty of exploitation of an eligible adult if:
a. The person stands in a position of trust and confidence or has a business
relationship with the eligible adult and knowingly, by deception, intimidation, or
undue influence, obtains or uses, or attempts to obtain or use, the eligible adult's
funds, assets, or property with the intent to temporarily or permanently deprive
the eligible adult of the use, benefit, or possession of the property, for the benefit
of someone other than the eligible adult; or
b. The person knows the eligible adult lacks the capacity to consent, and obtains or
uses, or attempts to obtain or use, or assists another in obtaining or using or
attempting to obtain or use, the eligible adult's funds, assets, or property with the
intent to temporarily or permanently deprive the eligible adult of the use, benefit,
or possession of the property for the benefit of someone other than the eligible
adult.
2. Exploitation of an eligible adult is:
a. A class A felony if the value of the exploited funds, assets, or property exceeds
fifty thousand dollars.
b. A class B felony if the value of the exploited funds, assets, or property exceeds
ten thousand dollars but does not exceed fifty thousand dollars.
c. A class C felony if the value of the exploited funds, assets, or property is in
excess of one thousand dollars but does not exceed ten thousand dollars.
d. A class A misdemeanor if the value of the exploited funds, assets, or property
does not exceed one thousand dollars.
3. It is not a defense to a prosecution of a violation of this section that the accused did
not know the age of the victim.
4. This section does not impose criminal liability on a person who has:
a. Managed the eligible adult's funds, assets, or property in a manner that clearly
gives primacy to the needs and welfare of that person or is consistent with any
explicit written authorization; or
b. Made a good-faith effort to assist in the management of the eligible adult's funds,
assets, or property.

http://www.legis.nd.gov/cencode/t12-1c31.pdf
Criminal Elder Abuse
N.C. Gen. Stat. § 14-112.2

(a)        The following definitions apply in this section:

(1)        Disabled adult. - A person 18 years of age or older or a lawfully emancipated minor who is present in the State of North Carolina and who is physically or mentally incapacitated as defined in G.S. 108A-101(d).

(2)        Older adult. - A person 65 years of age or older.

(b)        It is unlawful for a person: (i) who stands in a position of trust and confidence with an older adult or disabled adult, or (ii) who has a business relationship with an older adult or disabled adult to knowingly, by deception or intimidation, obtain or use, or endeavor to obtain or use, an older adult's or disabled adult's funds, assets, or property with the intent to temporarily or permanently deprive the older adult or disabled adult of the use, benefit, or possession of the funds, assets, or property, or to benefit someone other than the older adult or disabled adult.

(c)        It is unlawful for a person to knowingly, by deception or intimidation, obtain or use, endeavor to obtain or use, or conspire with another to obtain or use an older adult's or disabled adult's funds, assets, or property with the intent to temporarily or permanently deprive the older adult or disabled adult of the use, benefit, or possession of the funds, assets, or property, or benefit someone other than the older adult or disabled adult. This subsection shall not apply to a person acting within the scope of that person's lawful authority as the agent for the older adult or disabled adult.

(d)       A violation of subsection (b) of this section is punishable as follows:

(1)        If the funds, assets, or property involved in the exploitation of the older adult or disabled adult is valued at one hundred thousand dollars ($100,000) or more, then the offense is a Class F felony.

(2)        If the funds, assets, or property involved in the exploitation of the older adult or disabled adult is valued at twenty thousand dollars ($20,000) or more but less than one hundred thousand dollars ($100,000), then the offense is a Class G felony.

(3)        If the funds, assets, or property involved in the exploitation of the older adult or disabled adult is valued at less than twenty thousand dollars ($20,000), then the offense is a Class H felony.

(e)        A violation of subsection (c) of this section is punishable as follows:

(1)        If the funds, assets, or property involved in the exploitation of the older adult or disabled adult is valued at one hundred thousand dollars ($100,000) or more, then the offense is a Class G felony.

(2)        If the funds, assets, or property involved in the exploitation of the older adult or disabled adult is valued at twenty thousand dollars ($20,000) or more but less than one hundred thousand dollars ($100,000), then the offense is a Class H felony.

(3)        If the funds, assets, or property involved in the exploitation of the older adult or disabled adult is valued at less than twenty thousand dollars ($20,000), then the offense is a Class I felony.

(f)        If a person is charged with a violation of this section that involves funds, assets, or property valued at more than five thousand dollars ($5,000), the district attorney may file a petition in the pending criminal proceeding before the court with jurisdiction over the pending charges to freeze the funds, assets, or property of the defendant in an amount up to one hundred fifty percent (150%) of the alleged value of funds, assets, or property in the defendant's pending criminal proceeding for purposes of restitution to the victim. The standard of proof required to freeze the defendant's funds, assets, or property shall be by clear and convincing evidence. The procedure for petitioning the court under this subsection shall be governed by G.S. 14-112.3.  (2005-272, s. 2; 2006-264, s. 99; 2013-203, s. 1; 2013-337, s. 1.)

https://www.ncga.state.nc.us/enactedlegislation/st...