Elder Abuse and Elder Financial Exploitation Statutes
Citation | Statute |
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Civil Financial Exploitation S.D. Codified Laws § 22-46-1 (2022) |
TITLE 22. CRIMES
(3) “Elder,” a person sixty-five years of age or older; |
Criminal Financial Exploitation S.D. Codified Laws § 22-46-1(1), (3) & (5) (2022) |
Title 22. Crimes Terms used in this chapter mean: (5) “Exploitation,” the wrongful taking or exercising of control over property of an elder or adult with a disability with intent to defraud the elder or adult with a disability; (1) “Adult with a disability,” a person eighteen years of age or older who has a condition of intellectual disability, infirmities of aging as manifested by organic brain damage, advanced age, or other physical dysfunctioning to the extent that the person is unable to protect himself or herself or provide for his or her own care; (3) “Elder,” a person sixty-five years of age or older; |
Criminal Financial Exploitation S.D. Codified Laws § 22-46-3 (2022) |
Title 22. Crimes Any person who, having assumed the duty voluntarily, by written contract, by receipt of payment for care, or by order of a court to provide for the support of an elder or an adult with a disability, and having been entrusted with the property of that elder or adult with a disability, with intent to defraud, appropriates such property to a use or purpose not in the due and lawful execution of that person's trust, is guilty of theft by exploitation. Theft by exploitation is punishable as theft pursuant to chapter 22-30A. |
Civil Elder Abuse S.D. Codified Laws §§ 22-46-1 through 28-1-44 (2017) S.D. Codified Laws § 28-1-44 (2017) |
Title 28 Public Welfare and Assistance Chapter 28-1 Department of Social Services [Does not provide definitions] |
Criminal Elder Abuse S.D. Codified Laws § 22-46-2 |
Any person who physically abuses or neglects an elder or adult with a disability in a manner which does not constitute aggravated assault is guilty of a Class 6 felony. |
Criminal Elder Abuse S.D. Codified Laws § 22-46-1 |
(1) "Adult with a disability," a person eighteen years of age or older who has a condition of intellectual disability, infirmities of aging as manifested by organic brain damage, advanced age, or other physical dysfunctioning to the extent that the person is unable to protect himself or herself or provide for his or her own care; Source: SL 1986, ch 186, § 1; SL 1990, ch 171, § 1; SL 2005, ch 120, § 339; SL 2007, ch 147, § 1; SL 2013, ch 125, § 4; SL 2016, ch 120, § 1. http://sdlegislature.gov/Statutes/Codified_Laws/Di... |
Criminal Elder Abuse S.D. Codified Laws § 22-46-3 |
Any person who, having assumed the duty voluntarily, by written contract, by receipt of payment for care, or by order of a court to provide for the support of an elder or an adult with a disability, and having been entrusted with the property of that elder or adult with a disability, with intent to defraud, appropriates such property to a use or purpose not in the due and lawful execution of that person's trust, is guilty of theft by exploitation. Theft by exploitation is punishable as theft pursuant to chapter 22-30A. |