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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
ORS § 124.050  (2015)

Title 13  Protective Proceedings; Powers of Attorney; Trusts 

Chapter 124.  Abuse Prevention and Reporting; Civil Action for Abuse 

Reporting of Abuse

124.050  Definitions  As used in ORS 124.050 to 124.095:

  (4) "Financial exploitation" means:

             (a) Wrongfully taking the assets, funds or property belonging to or intended for the use of an elderly person or a person with a disability.

             (b) Alarming an elderly person or a person with a disability by conveying a threat to wrongfully take or appropriate money or property of the person if the person would reasonably believe that the threat conveyed would be carried out.

             (c) Misappropriating, misusing or transferring without authorization any money from any account held jointly or singly by an elderly person or a person with a disability.

             (d) Failing to use the income or assets of an elderly person or a person with a disability effectively for the support and maintenance of the person.


  (2) "Elderly person" means any person 65 years of age or older who is not subject to the provisions of ORS 441.640 to 441.665.

Criminal Financial Exploitation
ORS § 163.205 (2016)
Title 16. Crimes and Punishments
Chapter 163. Offenses Against Persons
Assault and Related Offenses

163.205. Criminal mistreatment in the first degree.

(1) A person commits the crime of criminal mistreatment in the first degree if:

          (a) The person, in violation of a legal duty to provide care for another person, or having assumed the permanent or temporary care, custody or responsibility for the supervision of another person, intentionally or knowingly withholds necessary and adequate food, physical care or medical attention from that other person; or

     (b) The person, in violation of a legal duty to provide care for a dependent person or elderly person, or having assumed the permanent or temporary care, custody or responsibility for the supervision of a dependent person or elderly person, intentionally or knowingly:

         (A) Causes physical injury or injuries to the dependent person or elderly person;

         (B) Deserts the dependent person or elderly person in a place with the intent to abandon that person;

         (C) Leaves the dependent person or elderly person unattended at a place for such a period of time as may be likely to endanger the health or welfare of that person;

         (D) Hides the dependent person's or elderly person's money or property or takes the money or property for, or appropriates the money or property to, any use or purpose not in the due and lawful execution of the person's responsibility;

         (E) Takes charge of a dependent or elderly person for the purpose of fraud; or

         (F) Leaves the dependent person or elderly person, or causes the dependent person or elderly person to enter or remain, in or upon premises where a chemical reaction involving one or more precursor substances:

             (i) Is occurring as part of unlawfully manufacturing a controlled substance or grinding, soaking or otherwise breaking down a precursor substance for the unlawful manufacture of a controlled substance; or

             (ii) Has occurred as part of unlawfully manufacturing a controlled substance or grinding, soaking or otherwise breaking down a precursor substance for the unlawful manufacture of a controlled substance and the premises have not been certified as fit for use under ORS 453.885.

(2) As used in this section:

     (a) "Controlled substance" has the meaning given that term in ORS 475.005.

     (b) "Dependent person" means a person who because of either age or a physical or mental disability is dependent upon another to provide for the person's physical needs.

     (c) "Elderly person" means a person 65 years of age or older.

     (d) "Legal duty" includes but is not limited to a duty created by familial relationship, court order, contractual agreement or statutory or case law.

     (e) "Precursor substance" has the meaning given that term in ORS 475.940.

(3) Criminal mistreatment in the first degree is a Class C felony.

Civil Elder Abuse
ORS §§ 124.050 through 124.095  (2017)

ORS § 124.050  (2017)

    (1) "Abuse" means one or more of the following:         (a) Any physical injury to an elderly person caused by other than accidental means, or which appears to be at variance with the explanation given of the injury.         (b) Neglect.         (c) Abandonment, including desertion or willful forsaking of an elderly person or the withdrawal or neglect of duties and obligations owed an elderly person by a caretaker or other person.         (d) Willful infliction of physical pain or injury upon an elderly person.         (e) An act that constitutes a crime under ORS 163.375, 163.405, 163.411, 163.415, 163.425, 163.427, 163.465, 163.467 or 163.525.         (f) Verbal abuse.         (g) Financial exploitation.         (h) Sexual abuse.         (i) Involuntary seclusion of an elderly person for the convenience of a caregiver or to discipline the person.         (j) A wrongful use of a physical or chemical restraint of an elderly person, excluding an act of restraint prescribed by a physician licensed under ORS chapter 677 and any treatment activities that are consistent with an approved treatment plan or in connection with a court order.

  (4) "Financial exploitation" means:         (a) Wrongfully taking the assets, funds or property belonging to or intended for the use of an elderly person or a person with a disability.         (b) Alarming an elderly person or a person with a disability by conveying a threat to wrongfully take or appropriate money or property of the person if the person would reasonably believe that the threat conveyed would be carried out.         (c) Misappropriating, misusing or transferring without authorization any money from any account held jointly or singly by an elderly person or a person with a disability.         (d) Failing to use the income or assets of an elderly person or a person with a disability effectively for the support and maintenance of the person.

    (7) "Neglect" means failure to provide basic care or services that are necessary to maintain the health or safety of an elderly person.

    (11)  (a) "Sexual abuse" means:             (A) Sexual contact with an elderly person who does not consent or is considered incapable of consenting to a sexual act under ORS 163.315;             (B) Verbal or physical harassment of a sexual nature, including but not limited to severe or pervasive exposure to sexually explicit material or language;             (C) Sexual exploitation;             (D) Any sexual contact between an employee of a facility or paid caregiver and an elderly person served by the facility or caregiver; or             (E) Any sexual contact that is achieved through force, trickery, threat or coercion.         (b) "Sexual abuse" does not mean consensual sexual contact between an elderly person and:             (A) An employee of a facility who is also the spouse of the elderly person; or             (B) A paid caregiver.

  (12) "Sexual contact" has the meaning given that term in ORS 163.305.

    (13) "Verbal abuse" means to threaten significant physical or emotional harm to an elderly person or a person with a disability through the use of:         (a) Derogatory or inappropriate names, insults, verbal assaults, profanity or ridicule; or         (b) Harassment, coercion, threats, intimidation, humiliation, mental cruelty or inappropriate sexual comments.

Criminal Elder Abuse
Or. Rev. Stat. § 163.205

(1) A person commits the crime of criminal mistreatment in the first degree if:

(a) The person, in violation of a legal duty to provide care for another person, or having assumed the permanent or temporary care, custody or responsibility for the supervision of another person, intentionally or knowingly withholds necessary and adequate food, physical care or medical attention from that other person; or

(b) The person, in violation of a legal duty to provide care for a dependent person or elderly person, or having assumed the permanent or temporary care, custody or responsibility for the supervision of a dependent person or elderly person, intentionally or knowingly:

(A) Causes physical injury or injuries to the dependent person or elderly person;

(B) Deserts the dependent person or elderly person in a place with the intent to abandon that person;

(C) Leaves the dependent person or elderly person unattended at a place for such a period of time as may be likely to endanger the health or welfare of that person;

(D) Hides the dependent person’s or elderly person’s money or property or takes the money or property for, or appropriates the money or property to, any use or purpose not in the due and lawful execution of the person’s responsibility;

(E) Takes charge of a dependent or elderly person for the purpose of fraud; or

(F) Leaves the dependent person or elderly person, or causes the dependent person or elderly person to enter or remain, in or upon premises where a chemical reaction involving one or more precursor substances:

(i) Is occurring as part of unlawfully manufacturing a controlled substance or grinding, soaking or otherwise breaking down a precursor substance for the unlawful manufacture of a controlled substance; or

(ii) Has occurred as part of unlawfully manufacturing a controlled substance or grinding, soaking or otherwise breaking down a precursor substance for the unlawful manufacture of a controlled substance and the premises have not been certified as fit for use under ORS 453.885 (Decontamination of property).

(2) As used in this section:

(a) "Controlled substance" has the meaning given that term in ORS 475.005 (Definitions for ORS 475.005 to 475.285 and 475.752 to 475.980).

(b) "Dependent person" means a person who because of either age or a physical or mental disability is dependent upon another to provide for the person’s physical needs.

(c) "Elderly person" means a person 65 years of age or older.

(d) "Legal duty" includes but is not limited to a duty created by familial relationship, court order, contractual agreement or statutory or case law.

(e) "Precursor substance" has the meaning given that term in ORS 475.940 (Precursor substances described).

(3) Criminal mistreatment in the first degree is a Class C felony.

https://www.oregonlaws.org/ors/163.205
Criminal Elder Abuse
Or. Rev. Stat. § 163.200

(1) A person commits the crime of criminal mistreatment in the second degree if, with criminal negligence and:

(a) In violation of a legal duty to provide care for another person, the person withholds necessary and adequate food, physical care or medical attention from that person; or

(b) Having assumed the permanent or temporary care, custody or responsibility for the supervision of another person, the person withholds necessary and adequate food, physical care or medical attention from that person.

(2) Criminal mistreatment in the second degree is a Class A misdemeanor.

(3) As used in this section, "legal duty" includes but is not limited to a duty created by familial relationship, court order, contractual agreement or statutory or case law. [1973 c.627 §2; 1993 c.364 §1]

https://www.oregonlaws.org/ors/163.200