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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
Utah Code Ann. § 62A-3-301  (2015)

TITLE 62A.  UTAH HUMAN SERVICES CODE 

CHAPTER 3.  AGING AND ADULT SERVICES 

PART 3.  ABUSE, NEGLECT, OR EXPLOITATION OF A VULNERABLE ADULT

§ 62A-3-301.   Definitions

(14) "Exploitation" means an offense described in Subsection 76-5-111(4) or Section 76-5b-202 [sexual].


(3) “Adult” means a person who is 18 years of age or older.


(28) "Vulnerable adult" means an elder adult, or an adult who has a mental or physical impairment which substantially affects that person's ability to:

      (a) provide personal protection;

      (b) provide necessities such as food, shelter, clothing, or mental or other health care;

      (c) obtain services necessary for health, safety, or welfare;

      (d) carry out the activities of daily living;

      (e) manage the adult's own financial resources; or

      (f) comprehend the nature and consequences of remaining in a situation of abuse, neglect, or exploitation.

Civil Financial Exploitation
Utah Code Ann. § 76-5-111 (2015)

Title 76. Utah Criminal Code

Chapter 5. Offenses Against the Person

Part 1. Assault and Related Offenses

§ 76-5-111.  Abuse, neglect, or exploitation of a vulnerable adult -- Penalties

(4) (a) A person commits the offense of exploitation of a vulnerable adult when the person:

      (i) is in a position of trust and confidence, or has a business relationship, with the vulnerable adult or has undue influence over the vulnerable adult and knowingly, by deception or intimidation, obtains or uses, or endeavors to obtain or use, the vulnerable adult's funds, credit, assets, or other property with the intent to temporarily or permanently deprive the vulnerable adult of the use, benefit, or possession of the adult's property, for the benefit of someone other than the vulnerable adult;

      (ii) knows or should know that the vulnerable adult lacks the capacity to consent, and obtains or uses, or endeavors to obtain or use, or assists another in obtaining or using or endeavoring to obtain or use, the vulnerable adult's funds, assets, or property with the intent to temporarily or permanently deprive the vulnerable adult of the use, benefit, or possession of his property for the benefit of someone other than the vulnerable adult;

      (iii) unjustly or improperly uses or manages the resources of a vulnerable adult for the profit or advantage of someone other than the vulnerable adult;

      (iv) unjustly or improperly uses a vulnerable adult's power of attorney or guardianship for the profit or advantage of someone other than the vulnerable adult; or

      (v) involves a vulnerable adult who lacks the capacity to consent in the facilitation or furtherance of any criminal activity.

Criminal Financial Exploitation
UTAH CODE ANN. § 76-5-111 (2015)

Title 76. Utah Criminal Code
Chapter 5. Offenses Against the Person
Part 1. Assault and Related Offenses

§ 76-5-111.   Abuse, neglect, or exploitation of a vulnerable adult -- Penalties.

            (1) As used in this section:

            (a) "Abandonment" means a knowing or intentional action or inaction, including desertion, by a person or entity acting as a caretaker for a vulnerable adult that leaves the vulnerable adult without the means or ability to obtain necessary food, clothing, shelter, or medical or other health care.

            (b) "Abuse" means:

            (i) attempting to cause harm, intentionally or knowingly causing harm, or intentionally or knowingly placing another in fear of imminent harm;

            (ii) causing physical injury by knowing or intentional acts or omissions;

            (iii) unreasonable or inappropriate use of physical restraint, medication, or isolation that causes or is likely to cause harm to a vulnerable adult that is in conflict with a physician's orders or used as an unauthorized substitute for treatment, unless that conduct furthers the health and safety of the adult; or

            (iv) deprivation of life-sustaining treatment, except:

            (A) as provided in Title 75, Chapter 2a, Advance Health Care Directive Act; or

            (B) when informed consent, as defined in this section, has been obtained.

            (c) "Business relationship" means a relationship between two or more individuals or entities where there exists an oral or written agreement for the exchange of goods or services.

            (d) (i) "Caretaker" means any person, entity, corporation, or public institution that assumes the responsibility to provide a vulnerable adult with care, food, shelter, clothing, supervision, medical or other health care, or other necessities.

            (ii) "Caretaker" includes a relative by blood or marriage, a household member, a person who is employed or who provides volunteer work, or a person who contracts or is under court order to provide care.

            (e) "Deception" means:

            (i) a misrepresentation or concealment:

            (A) of a material fact relating to services rendered, disposition of property, or use of property intended to benefit a vulnerable adult;

            (B) of the terms of a contract or agreement entered into with a vulnerable adult; or

            (C) relating to the existing or preexisting condition of any property involved in a contract or agreement entered into with a vulnerable adult; or

            (ii) the use or employment of any misrepresentation, false pretense, or false promise in order to induce, encourage, or solicit a vulnerable adult to enter into a contract or agreement.

            (f) "Elder adult" means a person 65 years of age or older.

            (g) "Endeavor" means to attempt or try.

            (h) "Exploitation" means an offense described in Subsection (4) or Section 76-5b-202 [sexual exploitation of a vulnerable adult].

            (i) "Harm" means pain, mental anguish, emotional distress, hurt, physical or psychological damage, physical injury, suffering, or distress inflicted knowingly or intentionally.

            (j) "Informed consent" means:

            (i) a written expression by the person or authorized by the person, stating that the person fully understands the potential risks and benefits of the withdrawal of food, water, medication, medical services, shelter, cooling, heating, or other services necessary to maintain minimum physical or mental health, and that the person desires that the services be withdrawn. A written expression is valid only if the person is of sound mind when the consent is given, and the consent is witnessed by at least two individuals who do not benefit from the withdrawal of services; or

            (ii) consent to withdraw food, water, medication, medical services, shelter, cooling, heating, or other services necessary to maintain minimum physical or mental health, as permitted by court order.

            (k) "Intimidation" means communication conveyed through verbal or nonverbal conduct which threatens deprivation of money, food, clothing, medicine, shelter, social interaction, supervision, health care, or companionship, or which threatens isolation or harm.

            (l) (i) "Isolation" means knowingly or intentionally preventing a vulnerable adult from having contact with another person by:

            (A) preventing the vulnerable adult from receiving visitors, mail, or telephone calls, contrary to the express wishes of the vulnerable adult, including communicating to a visitor that the vulnerable adult is not present or does not want to meet with or talk to the visitor, knowing that communication to be false;

            (B) physically restraining the vulnerable adult in order to prevent the vulnerable adult from meeting with a visitor; or

            (C) making false or misleading statements to the vulnerable adult in order to induce the vulnerable adult to refuse to receive communication from visitors or other family members.

            (ii) The term "isolation" does not include an act intended to protect the physical or mental welfare of the vulnerable adult or an act performed pursuant to the treatment plan or instructions of a physician or other professional advisor of the vulnerable adult.

            (m) "Lacks capacity to consent" means an impairment by reason of mental illness, developmental disability, organic brain disorder, physical illness or disability, chronic use of drugs, chronic intoxication, short-term memory loss, or other cause to the extent that a vulnerable adult lacks sufficient understanding of the nature or consequences of decisions concerning the adult's person or property.

            (n) "Neglect" means:

            (i) failure of a caretaker to provide nutrition, clothing, shelter, supervision, personal care, or dental or other health care, or failure to provide protection from health and safety hazards or maltreatment;

            (ii) failure of a caretaker to provide care to a vulnerable adult in a timely manner and with the degree of care that a reasonable person in a like position would exercise;

            (iii) a pattern of conduct by a caretaker, without the vulnerable adult's informed consent, resulting in deprivation of food, water, medication, health care, shelter, cooling, heating, or other services necessary to maintain the vulnerable adult's well being;

            (iv) intentional failure by a caretaker to carry out a prescribed treatment plan that results or could result in physical injury or physical harm; or

            (v) abandonment by a caretaker.

            (o) "Physical injury" includes damage to any bodily tissue caused by nontherapeutic conduct, to the extent that the tissue must undergo a healing process in order to be restored to a sound and healthy condition, or damage to any bodily tissue to the extent that the tissue cannot be restored to a sound and healthy condition. "Physical injury" includes skin bruising, a dislocation, physical pain, illness, impairment of physical function, a pressure sore, bleeding, malnutrition, dehydration, a burn, a bone fracture, a subdural hematoma, soft tissue swelling, injury to any internal organ, or any other physical condition that imperils the health or welfare of the vulnerable adult and is not a serious physical injury as defined in this section.

            (p) "Position of trust and confidence" means the position of a person who:

            (i) is a parent, spouse, adult child, or other relative by blood or marriage of a vulnerable adult;

            (ii) is a joint tenant or tenant in common with a vulnerable adult;

            (iii) has a legal or fiduciary relationship with a vulnerable adult, including a court-appointed or voluntary guardian, trustee, attorney, or conservator; or

            (iv) is a caretaker of a vulnerable adult.

            (q) "Serious physical injury" means any physical injury or set of physical injuries that:

            (i) seriously impairs a vulnerable adult's health;

            (ii) was caused by use of a dangerous weapon as defined in Section 76-1-601;

            (iii) involves physical torture or causes serious emotional harm to a vulnerable adult; or

            (iv) creates a reasonable risk of death.

            (r) "Undue influence" occurs when a person uses the person's role, relationship, or power to exploit, or knowingly assist or cause another to exploit, the trust, dependency, or fear of a vulnerable adult, or uses the person's role, relationship, or power to gain control deceptively over the decision making of the vulnerable adult.

            (s) "Vulnerable adult" means an elder adult, or an adult 18 years of age or older who has a mental or physical impairment which substantially affects that person's ability to:

            (i) provide personal protection;

            (ii) provide necessities such as food, shelter, clothing, or medical or other health care;

            (iii) obtain services necessary for health, safety, or welfare;

            (iv) carry out the activities of daily living;

            (v) manage the adult's own resources; or

            (vi) comprehend the nature and consequences of remaining in a situation of abuse, neglect, or exploitation.

            (2) Under any circumstances likely to produce death or serious physical injury, any person, including a caretaker, who causes a vulnerable adult to suffer serious physical injury or, having the care or custody of a vulnerable adult, causes or permits that adult’s person or health to be injured, or causes or permits a vulnerable adult to be placed in a situation where the adult's person or health is endangered, is guilty of the offense of aggravated abuse of a vulnerable adult as follows:

            (a) if done intentionally or knowingly, the offense is a second degree felony;

            (b) if done recklessly, the offense is third degree felony; and

            (c) if done with criminal negligence, the offense is a class A misdemeanor.

            (3) Under circumstances other than those likely to produce death or serious physical injury any person, including a caretaker, who causes a vulnerable adult to suffer harm, abuse, or neglect; or, having the care or custody of a vulnerable adult, causes or permits that adult’s person or health to be injured, abused, or neglected, or causes or permits a vulnerable adult to be placed in a situation where the adult's person or health is endangered, is guilty of the offense of abuse of a vulnerable adult as follows:

            (a) if done intentionally or knowingly, the offense is a class A misdemeanor;

            (b) if done recklessly, the offense is a class B misdemeanor; and

            (c) if done with criminal negligence, the offense is a class C misdemeanor.

 (4) (a) A person commits the offense of exploitation of a vulnerable adult when the person:

            (i) is in a position of trust and confidence, or has a business relationship, with the vulnerable adult or has undue influence over the vulnerable adult and knowingly, by deception or intimidation, obtains or uses, or endeavors to obtain or use, the vulnerable adult's funds, credit, assets, or other property with the intent to temporarily or permanently deprive the vulnerable adult of the use, benefit, or possession of the adult's property, for the benefit of someone other than the vulnerable adult;

            (ii) knows or should know that the vulnerable adult lacks the capacity to consent, and obtains or uses, or endeavors to obtain or use, or assists another in obtaining or using or endeavoring to obtain or use, the vulnerable adult's funds, assets, or property with the intent to temporarily or permanently deprive the vulnerable adult of the use, benefit, or possession of his property for the benefit of someone other than the vulnerable adult;

            (iii) unjustly or improperly uses or manages the resources of a vulnerable adult for the profit or advantage of someone other than the vulnerable adult;

            (iv) unjustly or improperly uses a vulnerable adult's power of attorney or guardianship for the profit or advantage of someone other than the vulnerable adult; or

            (v) involves a vulnerable adult who lacks the capacity to consent in the facilitation or furtherance of any criminal activity.

            (b) A person is guilty of the offense of exploitation of a vulnerable adult as follows:

            (i) if done intentionally or knowingly and the aggregate value of the resources used or the profit made is or exceeds $5,000, the offense is a second degree felony;

            (ii) if done intentionally or knowingly and the aggregate value of the resources used or the profit made is less than $5,000 or cannot be determined, the offense is a third degree felony;

            (iii) if done recklessly, the offense is a class A misdemeanor; or

            (iv) if done with criminal negligence, the offense is a class B misdemeanor.

            (5) It does not constitute a defense to a prosecution for any violation of this section that the accused did not know the age of the victim.

            (6) An adult is not considered abused, neglected, or a vulnerable adult for the reason that the adult has chosen to rely solely upon religious, nonmedical forms of healing in lieu of medical care.

Civil Elder Abuse
Utah Code Ann. §§ 62A-3-301 through 62A-3-321  (2017)

Utah Code Ann. § 62A-3-301  (2017)

Title 62A  Utah Human Services Code  Chapter 3  Aging and Adult Services  Part 3  Abuse, Neglect, or Exploitation  of a Vulnerable Adult

 (1) "Abandonment" means any knowing or intentional action or failure to act, including desertion, by a person or entity acting as a caretaker for a vulnerable adult that leaves the vulnerable adult without the means or ability to obtain necessary food, clothing, shelter, or medical or other health care.

  (2) "Abuse" means:         (a) knowingly or intentionally:             (i) attempting to cause harm;             (ii) causing harm; or             (iii) placing another in fear of harm;         (b) unreasonable or inappropriate use of physical restraint, medication, or isolation that causes or is likely to cause harm to a vulnerable adult;         (c) emotional or psychological abuse;         (d) a sexual offense as described in Title 76, Chapter 5, Offenses Against the Person; or         (e) deprivation of life sustaining treatment, or medical or mental health treatment, except:             (i) as provided in Title 75, Chapter 2a, Advance Health Care Directive Act; or             (ii) when informed consent, as defined in Section 76-5-111, has been obtained.

  (10) "Elder abuse" means abuse, neglect, or exploitation of an elder adult.

   (14)  (a) "Emotional or psychological abuse" means knowing or intentional verbal or nonverbal conduct directed at a vulnerable adult that results in the vulnerable adult suffering mental anguish, emotional distress, fear, humiliation, degradation, agitation, or confusion.         (b) "Emotional or psychological abuse" includes intimidating, threatening, isolating, coercing, or harassing.         (c) "Emotional or psychological abuse" does not include verbal or non-verbal conduct by a vulnerable adult who lacks the capacity to intentionally or knowingly:             (i) engage in the conduct; or             (ii) cause mental anguish, emotional distress, fear, humiliation, degradation, agitation, or confusion.

 (15) "Exploitation" means an offense described in Subsection 76-5-111(4) or Section 76-5b-202.

   (21)  (a) "Neglect" means:             (i)  (A) failure of a caretaker to provide necessary care, including nutrition, clothing, shelter, supervision, personal care, or dental, medical, or other health care for a vulnerable adult, unless the vulnerable adult is able to provide or obtain the necessary care without assistance; or                 (B) failure of a caretaker to provide protection from health and safety hazards or maltreatment;             (ii) failure of a caretaker to provide care to a vulnerable adult in a timely manner and with the degree of care that a reasonable person in a like position would exercise;             (iii) a pattern of conduct by a caretaker, without the vulnerable adult's informed consent, resulting in deprivation of food, water, medication, health care, shelter, cooling, heating, or other services necessary to maintain the vulnerable adult's well being;             (iv) knowing or intentional failure by a caretaker to carry out a prescribed treatment plan that causes or is likely to cause harm to the vulnerable adult;             (v) self-neglect by the vulnerable adult; or             (vi) abandonment by a caretaker.         (b) "Neglect" does not include conduct, or failure to take action, that is permitted or excused under Title 75, Chapter 2a, Advance Health Care Directive Act.

Criminal Elder Abuse
Utah Code § 76-5-111

(1) As used in this section:
(a) "Abandonment" means a knowing or intentional action or inaction, including desertion, by a person or entity acting as a caretaker for a vulnerable adult that leaves the vulnerable adult without the means or ability to obtain necessary food, clothing, shelter, or medical or other health care.
(b) "Abuse" means:
(i) attempting to cause harm, intentionally or knowingly causing harm, or intentionally or knowingly placing another in fear of imminent harm;
(ii) causing physical injury by knowing or intentional acts or omissions;
(iii) unreasonable or inappropriate use of physical restraint, medication, or isolation that causes or is likely to cause harm to a vulnerable adult that is in conflict with a physician's orders or used as an unauthorized substitute for treatment, unless that conduct furthers the health and safety of the adult; or
(iv) deprivation of life-sustaining treatment, except:
(A) as provided in Title 75, Chapter 2a, Advance Health Care Directive Act; or
(B) when informed consent, as defined in this section, has been obtained.
(c) "Business relationship" means a relationship between two or more individuals or entities where there exists an oral or written agreement for the exchange of goods or services.
(d)
(i) "Caretaker" means any person, entity, corporation, or public institution that assumes the responsibility to provide a vulnerable adult with care, food, shelter, clothing, supervision, medical or other health care, or other necessities.
(ii) "Caretaker" includes a relative by blood or marriage, a household member, a person who is employed or who provides volunteer work, or a person who contracts or is under court order to provide care.
(e) "Deception" means:
(i) a misrepresentation or concealment:
(A) of a material fact relating to services rendered, disposition of property, or use of property intended to benefit a vulnerable adult;
(B) of the terms of a contract or agreement entered into with a vulnerable adult; or
(C) relating to the existing or preexisting condition of any property involved in a contract or agreement entered into with a vulnerable adult; or
(ii) the use or employment of any misrepresentation, false pretense, or false promise in order to induce, encourage, or solicit a vulnerable adult to enter into a contract or agreement.
(f) "Elder adult" means a person 65 years of age or older.
(g) "Endeavor" means to attempt or try.
(h) "Exploitation" means an offense described in Subsection (4) or Section 76-5b-202.
(i) "Harm" means pain, mental anguish, emotional distress, hurt, physical or psychological damage, physical injury, suffering, or distress inflicted knowingly or intentionally.
(j) "Informed consent" means:
(i) a written expression by the person or authorized by the person, stating that the person fully understands the potential risks and benefits of the withdrawal of food, water, medication, medical services, shelter, cooling, heating, or other services necessary to maintain minimum physical or mental health, and that the person desires that the services be withdrawn. A written expression is valid only if the person is of sound mind when the consent is given, and the consent is witnessed by at least two individuals who do not benefit from the withdrawal of services; or
(ii) consent to withdraw food, water, medication, medical services, shelter, cooling, heating, or other services necessary to maintain minimum physical or mental health, as permitted by court order.
(k) "Intimidation" means communication conveyed through verbal or nonverbal conduct which threatens deprivation of money, food, clothing, medicine, shelter, social interaction, supervision, health care, or companionship, or which threatens isolation or harm.
(l)
(i) "Isolation" means knowingly or intentionally preventing a vulnerable adult from having contact with another person by:
(A) preventing the vulnerable adult from receiving visitors, mail, or telephone calls, contrary to the express wishes of the vulnerable adult, including communicating to a visitor that the vulnerable adult is not present or does not want to meet with or talk to the visitor, knowing that communication to be false;
(B) physically restraining the vulnerable adult in order to prevent the vulnerable adult from meeting with a visitor; or
(C) making false or misleading statements to the vulnerable adult in order to induce the vulnerable adult to refuse to receive communication from visitors or other family members.
(ii) The term "isolation" does not include an act intended to protect the physical or mental welfare of the vulnerable adult or an act performed pursuant to the treatment plan or instructions of a physician or other professional advisor of the vulnerable adult.
(m) "Lacks capacity to consent" means an impairment by reason of mental illness, developmental disability, organic brain disorder, physical illness or disability, chronic use of drugs, chronic intoxication, short-term memory loss, or other cause to the extent that a vulnerable adult lacks sufficient understanding of the nature or consequences of decisions concerning the adult's person or property.
(n) "Neglect" means:
(i) failure of a caretaker to provide nutrition, clothing, shelter, supervision, personal care, or dental or other health care, or failure to provide protection from health and safety hazards or maltreatment;
(ii) failure of a caretaker to provide care to a vulnerable adult in a timely manner and with the degree of care that a reasonable person in a like position would exercise;
(iii) a pattern of conduct by a caretaker, without the vulnerable adult's informed consent, resulting in deprivation of food, water, medication, health care, shelter, cooling, heating, or other services necessary to maintain the vulnerable adult's well being;
(iv) intentional failure by a caretaker to carry out a prescribed treatment plan that results or could result in physical injury or physical harm; or
(v) abandonment by a caretaker.
(o) "Physical injury" includes damage to any bodily tissue caused by nontherapeutic conduct, to the extent that the tissue must undergo a healing process in order to be restored to a sound and healthy condition, or damage to any bodily tissue to the extent that the tissue cannot be restored to a sound and healthy condition. "Physical injury" includes skin bruising, a dislocation, physical pain, illness, impairment of physical function, a pressure sore, bleeding, malnutrition, dehydration, a burn, a bone fracture, a subdural hematoma, soft tissue swelling, injury to any internal organ, or any other physical condition that imperils the health or welfare of the vulnerable adult and is not a serious physical injury as defined in this section.
(p) "Position of trust and confidence" means the position of a person who:
(i) is a parent, spouse, adult child, or other relative by blood or marriage of a vulnerable adult;
(ii) is a joint tenant or tenant in common with a vulnerable adult;
(iii) has a legal or fiduciary relationship with a vulnerable adult, including a court-appointed or voluntary guardian, trustee, attorney, or conservator; or
(iv) is a caretaker of a vulnerable adult.
(q) "Serious physical injury" means any physical injury or set of physical injuries that:
(i) seriously impairs a vulnerable adult's health;
(ii) was caused by use of a dangerous weapon as defined in Section 76-1-601;
(iii) involves physical torture or causes serious emotional harm to a vulnerable adult; or
(iv) creates a reasonable risk of death.
(r) "Undue influence" occurs when a person uses the person's role, relationship, or power to exploit, or knowingly assist or cause another to exploit, the trust, dependency, or fear of a vulnerable adult, or uses the person's role, relationship, or power to gain control deceptively over the decision making of the vulnerable adult.
(s) "Vulnerable adult" means an elder adult, or an adult 18 years of age or older who has a mental or physical impairment which substantially affects that person's ability to:
(i) provide personal protection;
(ii) provide necessities such as food, shelter, clothing, or medical or other health care;
(iii) obtain services necessary for health, safety, or welfare;
(iv) carry out the activities of daily living;
(v) manage the adult's own resources; or
(vi) comprehend the nature and consequences of remaining in a situation of abuse, neglect, or exploitation.
(2) Under any circumstances likely to produce death or serious physical injury, any person, including a caretaker, who causes a vulnerable adult to suffer serious physical injury or, having the care or custody of a vulnerable adult, causes or permits that adult's person or health to be injured, or causes or permits a vulnerable adult to be placed in a situation where the adult's person or health is endangered, is guilty of the offense of aggravated abuse of a vulnerable adult as follows:
(a) if done intentionally or knowingly, the offense is a second degree felony;
(b) if done recklessly, the offense is third degree felony; and
(c) if done with criminal negligence, the offense is a class A misdemeanor.
(3) Under circumstances other than those likely to produce death or serious physical injury any person, including a caretaker, who causes a vulnerable adult to suffer harm, abuse, or neglect; or, having the care or custody of a vulnerable adult, causes or permits that adult's person or health to be injured, abused, or neglected, or causes or permits a vulnerable adult to be placed in a situation where the adult's person or health is endangered, is guilty of the offense of abuse of a vulnerable adult as follows:
(a) if done intentionally or knowingly, the offense is a class A misdemeanor;
(b) if done recklessly, the offense is a class B misdemeanor; and
(c) if done with criminal negligence, the offense is a class C misdemeanor.
(4)
(a) A person commits the offense of exploitation of a vulnerable adult when the person:
(i) is in a position of trust and confidence, or has a business relationship, with the vulnerable adult or has undue influence over the vulnerable adult and knowingly, by deception or intimidation, obtains or uses, or endeavors to obtain or use, the vulnerable adult's funds, credit, assets, or other property with the intent to temporarily or permanently deprive the vulnerable adult of the use, benefit, or possession of the adult's property, for the benefit of someone other than the vulnerable adult;
(ii) knows or should know that the vulnerable adult lacks the capacity to consent, and obtains or uses, or endeavors to obtain or use, or assists another in obtaining or using or endeavoring to obtain or use, the vulnerable adult's funds, assets, or property with the intent to temporarily or permanently deprive the vulnerable adult of the use, benefit, or possession of his property for the benefit of someone other than the vulnerable adult;
(iii) unjustly or improperly uses or manages the resources of a vulnerable adult for the profit or advantage of someone other than the vulnerable adult;
(iv) unjustly or improperly uses a vulnerable adult's power of attorney or guardianship for the profit or advantage of someone other than the vulnerable adult; or
(v) involves a vulnerable adult who lacks the capacity to consent in the facilitation or furtherance of any criminal activity.
(b) A person is guilty of the offense of exploitation of a vulnerable adult as follows:
(i) if done intentionally or knowingly and the aggregate value of the resources used or the profit made is or exceeds $5,000, the offense is a second degree felony;
(ii) if done intentionally or knowingly and the aggregate value of the resources used or the profit made is less than $5,000 or cannot be determined, the offense is a third degree felony;
(iii) if done recklessly, the offense is a class A misdemeanor; or
(iv) if done with criminal negligence, the offense is a class B misdemeanor.
(5) It does not constitute a defense to a prosecution for any violation of this section that the accused did not know the age of the victim.
(6) An adult is not considered abused, neglected, or a vulnerable adult for the reason that the adult has chosen to rely solely upon religious, nonmedical forms of healing in lieu of medical care.


Amended by Chapter 320, 2011 General Session

https://le.utah.gov/xcode/Title76/Chapter5/76-5-S1...
Criminal Elder Abuse
Utah Code § 76-5B-202

(1) A person is guilty of sexual exploitation of a vulnerable adult if the person:
(a)
(i)
(A) knowingly produces, possesses, or possesses with intent to distribute material that the person knows is vulnerable adult pornography; or
(B) intentionally distributes or views material that the person knows is vulnerable adult pornography; and
(ii) the vulnerable adult who appears in, or is depicted in, the vulnerable adult pornography lacks capacity to consent to the conduct described in Subsection (1)(a); or
(b) is a vulnerable adult's legal guardian and knowingly consents to, or permits the vulnerable adult to be, sexually exploited as described in Subsection (1)(a).
(2) Sexual exploitation of a vulnerable adult is a third degree felony.
(3) It is a separate offense under this section:
(a) for each vulnerable adult depicted in the vulnerable adult pornography; and
(b) for each time the same vulnerable adult is depicted in different vulnerable adult pornography.
(4) It is an affirmative defense to a charge of violating this section that no vulnerable adult was actually depicted in the visual depiction or used in producing or advertising the visual depiction.
(5) In proving a violation of this section in relation to an identifiable vulnerable adult, proof of the actual identity of the identifiable vulnerable adult is not required.
(6) This section may not be construed to impose criminal or civil liability on:
(a) any entity or an employee, director, officer, or agent of an entity, when acting within the scope of employment, for the good faith performance of:
(i) reporting or data preservation duties required under any federal or state law; or
(ii) implementing a policy of attempting to prevent the presence of vulnerable adult pornography on any tangible or intangible property, or of detecting and reporting the presence of vulnerable adult pornography on the property; or
(b) any law enforcement officer acting within the scope of a criminal investigation.
Enacted by Chapter 320, 2011 General Session

https://le.utah.gov/xcode/Title76/Chapter5b/76-5b-...