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 - 19 of 19
Citation Statute
Civil Financial Exploitation
R.R.S. Neb. § 28-358 (2020) ; R.R.S. Neb. § 28-371  (2020)

CHAPTER 28.  CRIMES AND PUNISHMENTS 
ARTICLE 3.  OFFENSES AGAINST THE PERSON 
(b) ADULT PROTECTIVE SERVICES ACT

"Exploitation" means the wrongful or unauthorized taking, withholding, appropriation, conversion, control, or use of money, funds, securities, assets, or any other property of a vulnerable adult or senior adult by any person by means of undue influence, breach of a fiduciary relationship, deception, extortion, intimidation, force or threat of force, isolation, or any unlawful means or by the breach of a fiduciary duty by the guardian, conservator, agent under a power of attorney, trustee, or any other fiduciary of a vulnerable adult or senior adult.



"Vulnerable adult" means any person eighteen years of age or older who has a substantial mental or functional impairment or for whom a guardian or conservator has been appointed under the Nebraska Probate Code.

Criminal Financial Exploitation
R.R.S. Neb. § 28-358 (2020)

Chapter 28. Crimes and Punishments
Article 3. Offenses Against the Person
(b) Adult Protective Services Act
§ 28-358. Exploitation, defined

Exploitation means the wrongful or unauthorized taking, withholding, appropriation, conversion, control, or use of money, funds, securities, assets, or any other property of a vulnerable adult or senior adult by any person by means of undue influence, breach of a fiduciary relationship, deception, extortion, intimidation, force or threat of force, isolation, or any unlawful means or by the breach of a fiduciary duty by the guardian, conservator, agent under a power of attorney, trustee, or any other fiduciary of a vulnerable adult or senior adult.

Criminal Financial Exploitation
R.R.S. Neb. § 28-386(1) (2020)

Chapter 28. Crimes and Punishments
Article 3. Offenses Against the Person
(b) Adult Protective Services Act
§ 28-386. Knowing and intentional abuse, neglect, or exploitation of a vulnerable adult or senior adult; penalty

(1) A person commits knowing and intentional abuse, neglect, or exploitation of a vulnerable adult or senior adult if he or she through a knowing and intentional act causes or permits a vulnerable adult or senior adult to be:
(a) Physically injured;
(b) Unreasonably confined;
(c) Sexually abused;
(d) Exploited;
(e) Cruelly punished;
(f) Neglected; or
(g) Sexually exploited.

Criminal Financial Exploitation
R.R.S. Neb. § § 28-366.01 (2020)

Chapter 28. Crimes and Punishments
Article 3. Offenses Against the Person
(b) Adult Protective Services Act
§ 28-366.01. Senior adult, defined

Senior adult means any person sixty-five years of age or older.

Civil Elder Abuse
R.R.S. Neb. §§ 28-348 through 28-387 (2017)

R.R.S. Neb. § 28-351  (2017)

Chapter 28  Crimes and Punishments  Article 3  Offenses Against the Person  (b)  Adult Protective Services Act

Abuse means any knowing or intentional act on the part of a caregiver or any other person which results in physical injury, unreasonable confinement, cruel punishment, sexual abuse, or sexual exploitation of a vulnerable adult.

Civil Elder Abuse
R.R.S. Neb. §§ 28-348 through 28-387 (2017)

§ 28-354.  Cruel punishment, defined.

Chapter 28  Crimes and Punishments  Article 3  Offenses Against the Person  (b)  Adult Protective Services Act

Cruel punishment shall mean punishment which intentionally causes physical injury to a vulnerable adult.

Civil Elder Abuse
R.R.S. Neb. §§ 28-348 through 28-387 (2017)

R.R.S. Neb. § 28-358  (2017)

Chapter 28  Crimes and Punishments  Article 3  Offenses Against the Person  (b)  Adult Protective Services Act

Exploitation means the wrongful or unauthorized taking, withholding, appropriation, conversion, control, or use of money, funds, securities, assets, or any other property of a vulnerable adult or senior adult by any person by means of undue influence, breach of a fiduciary relationship, deception, extortion, intimidation, force or threat of force, isolation, or any unlawful means or by the breach of a fiduciary duty by the guardian, conservator, agent under a power of attorney, trustee, or any other fiduciary of a vulnerable adult or senior adult.

Civil Elder Abuse
R.R.S. Neb. §§ 28-348 through 28-387 (2017)

R.R.S. Neb. § 28-361.01  (2017)

Chapter 28  Crimes and Punishments  Article 3  Offenses Against the Person  (b)  Adult Protective Services Act

Neglect means any knowing or intentional act or omission on the part of a caregiver to provide essential services or the failure of a vulnerable adult, due to physical or mental impairments, to perform self-care or obtain essential services to such an extent that there is actual physical injury to a vulnerable adult or imminent danger of the vulnerable adult suffering physical injury or death.

Civil Elder Abuse
R.R.S. Neb. §§ 28-348 through 28-387 (2017)

R.R.S. Neb. § 28-363  (2017)

Chapter 28  Crimes and Punishments  Article 3  Offenses Against the Person  (b)  Adult Protective Services Act

Physical injury shall mean damage to bodily tissue caused by nontherapeutic conduct, including, but not limited to, fractures, bruises, lacerations, internal injuries, or dislocations, and shall include, but not be limited to, physical pain, illness, or impairment of physical function.

Civil Elder Abuse
R.R.S. Neb. §§ 28-348 through 28-387 (2017)

R.R.S. Neb. § 28-367.01  (2017)

Chapter 28  Crimes and Punishments  Article 3  Offenses Against the Person  (b)  Adult Protective Services Act

Sexual exploitation includes, but is not limited to, a violation of section 28-311.08 and causing, allowing, permitting, inflicting, or encouraging a vulnerable adult to engage in voyeurism, in exhibitionism, in prostitution, or in the lewd, obscene, or pornographic photographing, filming, or depiction of the vulnerable adult.

Civil Elder Abuse
R.R.S. Neb. §§ 28-348 through 28-387 (2017)

R.R.S. Neb. § 28-367  (2017)

R.R.S. Neb. §§ 28-348 through 28-387 (2017)

Sexual abuse shall include sexual assault as described in section 28-319 or 28-320 and incest as described in section 28-703.

Civil Elder Abuse
R.R.S. Neb. §§ 28-348 through 28-387 (2017)

R.R.S. Neb. § 28-370  (2017)

Chapter 28  Crimes and Punishments  Article 3  Offenses Against the Person  (b)  Adult Protective Services Act

Unreasonable confinement means confinement which intentionally causes physical injury to a vulnerable adult or false imprisonment as described in section 28-314 or 28-315.

Criminal Elder Abuse
Neb. Rev. Stat. § 28-351.

Abuse means any knowing or intentional act on the part of a caregiver or any other person which results in physical injury, unreasonable confinement, cruel punishment, sexual abuse, or sexual exploitation of a vulnerable adult.

https://nebraskalegislature.gov/laws/statutes.php?...
Criminal Elder Abuse
Neb. Rev. Stat. § 28-358

Exploitation means the wrongful or unauthorized taking, withholding, appropriation, conversion, control, or use of money, funds, securities, assets, or any other property of a vulnerable adult or senior adult by any person by means of undue influence, breach of a fiduciary relationship, deception, extortion, intimidation, force or threat of force, isolation, or any unlawful means or by the breach of a fiduciary duty by the guardian, conservator, agent under a power of attorney, trustee, or any other fiduciary of a vulnerable adult or senior adult.

https://nebraskalegislature.gov/laws/statutes.php?...
Criminal Elder Abuse
Neb. Rev. Stat. § 28-386.

(1) A person commits knowing and intentional abuse, neglect, or exploitation of a vulnerable adult or senior adult if he or she through a knowing and intentional act causes or permits a vulnerable adult or senior adult to be:

(a) Physically injured;

(b) Unreasonably confined;

(c) Sexually abused;

(d) Exploited;

(e) Cruelly punished;

(f) Neglected; or

(g) Sexually exploited.

(2) Knowing and intentional abuse, neglect, or exploitation of a vulnerable adult or senior adult is a Class IIIA felony.

https://nebraskalegislature.gov/laws/statutes.php?...
Criminal Elder Abuse
Neb. Rev. Stat. § 28-361.01.

Neglect means any knowing or intentional act or omission on the part of a caregiver to provide essential services or the failure of a vulnerable adult, due to physical or mental impairments, to perform self-care or obtain essential services to such an extent that there is actual physical injury to a vulnerable adult or imminent danger of the vulnerable adult suffering physical injury or death.

https://nebraskalegislature.gov/laws/statutes.php?...
Criminal Elder Abuse
Neb. Rev. Stat. § 28-366.01

Senior adult means any person sixty-five years of age or older.

https://nebraskalegislature.gov/laws/statutes.php?...
Criminal Elder Abuse
Neb. Rev. Stat. § 28-370.

Unreasonable confinement means confinement which intentionally causes physical injury to a vulnerable adult or false imprisonment as described in section 28-314 or 28-315.

https://nebraskalegislature.gov/laws/statutes.php?...
Criminal Elder Abuse
Neb. Rev. Stat. § 28-371.

Vulnerable adult means any person eighteen years of age or older who has a substantial mental or functional impairment or for whom a guardian or conservator has been appointed under the Nebraska Probate Code.

https://nebraskalegislature.gov/laws/statutes.php?...