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
Criminal Financial Exploitation
Tex. Penal Code § 22.04(c)(1)-(3) (2022)

Texas Penal Code 
Title 5. Offenses Against the Person 
Chapter 22. Assaultive Offenses 
§ 22.04. Injury to a Child, Elderly Individual, or Disabled Individual

(c) In this section:

(1) “Child” means a person 14 years of age or younger.

(2) “Elderly individual” means a person 65 years of age or older.

(3) “Disabled individual” means a person:
(A) with one or more of the following:
(i) autism spectrum disorder, as defined by Section 1355.001, Insurance Code;
(ii) developmental disability, as defined by Section 112.042, Human Resources Code;
(iii) intellectual disability, as defined by Section 591.003, Health and Safety Code;
(iv) severe emotional disturbance, as defined by Section 261.001, Family Code;
(v) traumatic brain injury, as defined by Section 92.001, Health and Safety Code; or
(vi) mental illness, as defined by Section 571.003, Health and Safety Code; or
(B) who otherwise by reason of age or physical or mental disease, defect, or injury is substantially unable to protect the person's self from harm or to provide food, shelter, or medical care for the person's self.
Criminal Financial Exploitation
Tex. Penal Code § 32.53(a)(1) & (a)(2) (2022)

Texas Penal Code
Title 7. Offenses Against Property
Chapter 32. Fraud 
Subchapter D. Other Deceptive Practices
§ 32.53. Exploitation of Child, Elderly Individual, or Disabled Individual

(a) In this section:

(2) “Exploitation” means the illegal or improper use of a child, elderly individual, or disabled individual or of the resources of a child, elderly individual, or disabled individual for monetary or personal benefit, profit, or gain.

(1) “Child,” “elderly individual,” and “disabled individual” have the meanings assigned by Section 22.04.
Criminal Financial Exploitation
Texas Penal Code
§ 32.55 (2022) 

Title 7 Offenses Against Property
Chapter 32 Fraud
Subchapter D Other Deceptive Practices
§ 32.55 Financial Abuse of Elderly Individual.

(a) In this section:

(1) “Elderly individual” has the meaning assigned by Section 22.04.

(2) “Financial abuse” means the wrongful taking, appropriation, obtaining, retention, or use of, or assisting in the wrongful taking, appropriation, obtaining, retention, or use of, money or other property of another person by any means, including by exerting undue influence. The term includes financial exploitation.

(3) “Financial exploitation” means the wrongful taking, appropriation, obtaining, retention, or use of money or other property of another person by a person who has a relationship of confidence or trust with the other person. Financial exploitation may involve coercion, manipulation, threats, intimidation, misrepresentation, or the exerting of undue influence. The term includes:

(A) the breach of a fiduciary relationship, including the misuse of a durable power of attorney or the abuse of guardianship powers, that results in the unauthorized appropriation, sale, or transfer of another person’s property;
(B) the unauthorized taking of personal assets;
(C) the misappropriation, misuse, or unauthorized transfer of another person’s money from a personal or a joint account; and
(D) the knowing or intentional failure to effectively use another person’s income and assets for the necessities required for the person’s support and maintenance.

(b) For purposes of Subsection (a)(3), a person has a relationship of confidence or trust with another person if the person:

(1) is a parent, spouse, adult child, or other relative by blood or marriage of the other person;
(2) is a joint tenant or tenant in common with the other person;
(3) has a legal or fiduciary relationship with the other person;
(4) is a financial planner or investment professional who provides services to the other person; or
(5) is a paid or unpaid caregiver of the other person.

(c) A person commits an offense if the person knowingly engages in the financial abuse of an elderly individual.

(d) An offense under this section is:

(1) a Class B misdemeanor if the value of the property taken, appropriated, obtained, retained, or used is less than $100;
(2) a Class A misdemeanor if the value of the property taken, appropriated, obtained, retained, or used is $100 or more but less than $750;
(3) a state jail felony if the value of the property taken, appropriated, obtained, retained, or used is $750 or more but less than $2,500;
(4) a felony of the third degree if the value of the property taken, appropriated, obtained, retained, or used is $2,500 or more but less than $30,000;
(5) a felony of the second degree if the value of the property taken, appropriated, obtained, retained, or used is $30,000 or more but less than $150,000; and
(6) a felony of the first degree if the value of the property taken, appropriated, obtained, retained, or used is $150,000 or more.

(e) A person who is subject to prosecution under both this section and another section of this code may be prosecuted under either section or both sections.