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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.
Showing results 1 - 9 of 9
Citation Statute
Civil Financial Exploitation
NY CLS Soc Serv § 473 (2016)

SOCIAL SERVICES LAW 

ARTICLE 9-B.  ADULT PROTECTIVE SERVICES 

TITLE 1.  PROTECTIVE SERVICES

§ 473.  Protective services

6. Definitions. When used in this title unless otherwise expressly stated or unless the context or subject matter requires a different interpretation:

(g) "Financial exploitation" means improper use of an adult's funds, property or resources by another individual, including but not limited to, fraud, false pretenses, embezzlement, conspiracy, forgery, falsifying records, coerced property transfers or denial of access to assets.

(unable to locate a definition of adult)

Civil Financial Exploitation
NY EXEC §837-f-1 (2016)

EXECUTIVE LAW

CHAPTER 18. OF THE CONSOLIDATED LAWS

ARTICLE 35. DIVISION OF CRIMINAL JUSTICE SERVICES

1. For purposes of this section:

      (a) “Vulnerable adult” shall mean an individual eighteen years of age or older who has a cognitive impairment, mental disability, or brain disorder and whose disappearance has been determined by law enforcement to pose a creditable threat of harm to such missing individual.

Note: This definition comes from another section; however, it was the only definition of “vulnerable adult” I was able to find in the NY statutes.

Civil Elder Abuse
NY CLS Soc Serv § 473  (2017)

Social Services Law  Article 9-B  Adult Protective Services  Title 1  Protective Services

 6. Definitions. … (a) "Physical abuse" means the non-accidental use of force that results in bodily injury, pain or impairment, including but not limited to, being slapped, burned, cut, bruised or improperly physically restrained.

     (b) "Sexual abuse" means non-consensual sexual contact of any kind, including but not limited to, forcing sexual contact or forcing sex with a third party.

   (c) "Emotional abuse" means willful infliction of mental or emotional anguish by threat, humiliation, intimidation or other abusive conduct, including but not limited to, frightening or isolating an adult.

   (d) "Active neglect" means willful failure by the caregiver to fulfill the care-taking functions and responsibilities assumed by the caregiver, including but not limited to, abandonment, willful deprivation of food, water, heat, clean clothing and bedding, eyeglasses or dentures, or health related services.

    (e) "Passive neglect" means non-willful failure of a caregiver to fulfill care-taking functions and responsibilities assumed by the caregiver, including but not limited to, abandonment or denial of food or health related services because of inadequate caregiver knowledge, infirmity, or disputing the value of prescribed services.

  (g) "Financial exploitation" means improper use of an adult's funds, property or resources by another individual, including but not limited to, fraud, false pretenses, embezzlement, conspiracy, forgery, falsifying records, coerced property transfers or denial of access to assets.

Criminal Elder Abuse
N.Y. Penal Law § 260.34

A  person is guilty of endangering the welfare of a vulnerable elderly  person, or an incompetent or physically disabled  person  in  the  first  degree  when,  being  a caregiver for a vulnerable elderly person, or an  incompetent or physically disabled person:

1. With intent to cause physical injury to  such  person,  he  or  she  causes serious physical injury to such person; or

2. He or she recklessly causes serious physical injury to such person.

Endangering  the  welfare  of  a  vulnerable  elderly  person,  or  an  incompetent or physically disabled person in the first degree is a class  D felony.

https://law.justia.com/codes/new-york/2015/pen/par...
Criminal Elder Abuse
N.Y. Penal Law § 260.32

A person is guilty of endangering the welfare of a vulnerable elderly person, or an incompetent or physically disabled person in the second degree when, being a caregiver for a vulnerable elderly person, or an incompetent or physically disabled person:

  1. With intent to cause physical injury to such person, he or she causes such injury to such person; or

  2. He or she recklessly causes physical injury to such person; or

  3. With criminal negligence, he or she causes physical injury to such person by means of a deadly weapon or a dangerous instrument; or

  4. He or she subjects such person to sexual contact without the latter's consent. Lack of consent under this subdivision results from forcible compulsion or incapacity to consent, as those terms are defined in article one hundred thirty of this chapter, or any other circumstances in which the vulnerable elderly person, or an incompetent or physically disabled person does not expressly or impliedly acquiesce in the caregiver's conduct. In any prosecution under this subdivision in which the victim's alleged lack of consent results solely from incapacity to consent because of the victim's mental disability or mental incapacity, the provisions of section 130.16 of this chapter shall apply. In addition, in any prosecution under this subdivision in which the victim's lack of consent is based solely upon his or her incapacity to consent because he or she was mentally disabled, mentally incapacitated or physically helpless, it is an affirmative defense that the defendant, at the time he or she engaged in the conduct constituting the offense, did not know of the facts or conditions responsible for such incapacity to consent.

  Endangering the welfare of a vulnerable elderly person, or an incompetent or physically disabled person in the second degree is a class E felony.

https://www.nysenate.gov/legislation/laws/PEN/260....
Criminal Elder Abuse
N.Y. Penal Law § 260.25

A person is guilty of endangering the welfare  of  an  incompetent  or  physically disabled person in the first degree when he knowingly acts in  a manner likely to be injurious to the physical, mental or moral welfare  of  a  person  who  is  unable to care for himself or herself because of  physical disability, mental disease or defect.

Endangering the welfare  of  an  incompetent  or  physically  disabled  person in the first degree is a class E felony.

https://law.justia.com/codes/new-york/2014/pen/par...
Criminal Elder Abuse
N.Y. Penal Law § 260.24

A person is guilty of endangering the welfare of an incompetent or physically disabled person in the second degree when he or she recklessly engages in conduct which is likely to be injurious to the physical, mental or moral welfare of a person who is unable to care for himself or herself because of physical disability, mental disease or defect.

Endangering the welfare of an incompetent or physically disabled person in the second degree is a class A misdemeanor.

http://codes.findlaw.com/ny/penal-law/pen-sect-260...
Criminal Elder Abuse
N.Y. Penal Law § 190.65

1.  A person is guilty of a scheme to defraud in the first degree when   he or she: (a) engages in a scheme  constituting  a  systematic  ongoing   course  of  conduct  with  intent  to  defraud ten or more persons or to  obtain property  from  ten  or  more  persons  by  false  or  fraudulent  pretenses, representations or promises, and so obtains property from one  or  more  of  such  persons;  or  (b) engages in a scheme constituting a  systematic ongoing course of conduct with intent to  defraud  more  than  one  person  or to obtain property from more than one person by false or  fraudulent  pretenses,  representations  or  promises,  and  so  obtains  property with a value in excess of one thousand dollars from one or more  such  persons;  or  (c)  engages  in  a scheme constituting a systematic  ongoing course of conduct with intent to defraud more than  one  person,  more  than  one  of  whom  is  a vulnerable elderly person as defined in  subdivision three of  section  260.30  of  this  chapter  or  to  obtain  property  from  more  than  one  person,  more  than  one  of  whom is a  vulnerable elderly person as defined in  subdivision  three  of  section  260.30   of   this   chapter,   by   false   or   fraudulent  pretenses,  representations or promises, and so obtains property from  one  or  more  such persons.

2.  In  any  prosecution  under this section, it shall be necessary to  prove the identity of at least one person from  whom  the  defendant  so  obtained  property,  but it shall not be necessary to prove the identity  of any other intended victim, provided that  in  any  prosecution  under  paragraph  (c) of subdivision one of this section, it shall be necessary  to prove the identity of at least one such vulnerable elderly person  as  defined in subdivision three of section 260.30 of this chapter.

Scheme to defraud in the first degree is a class E felony.

http://law.onecle.com/new-york/penal/PEN0190.65_19...
Criminal Elder Abuse
N.Y. Penal Law § 260.31

 For the purpose of sections 260.32 and 260.34 of this article, the following definitions shall apply:
  1. "Caregiver" means a person who (i) assumes responsibility for the care of a vulnerable elderly person pursuant to a court order; or (ii) receives monetary or other valuable consideration for providing care for a vulnerable elderly person.
  2. "Sexual contact" means any touching of the sexual or other intimate parts of a person not married to the actor for the purpose of gratifying sexual desire of either party. It includes the touching of the actor by the victim, as well as the touching of the victim by the actor, whether directly or through clothing.
  3. "Vulnerable elderly person" means a person sixty years of age or older who is suffering from a disease or infirmity associated with advanced age and manifested by demonstrable physical, mental or emotional dysfunction to the extent that the person is incapable of adequately providing for his or her own health or personal care.
  4. "Incompetent or physically disabled person" means an individual who is unable to care for himself or herself because of physical disability, mental disease or defect.

http://ypdcrime.com/penal.law/article260.htm#p260....