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
Wyo. Stat. § 35-20-102  (2015)

Title 35.  Public Health and Safety 
Chapter 20.  Adult Protective Services
§ 35-20-102.  Definitions.

(ix) “Exploitation” means the reckless or intentional act taken by any person, or any use of the power of attorney, conservatorship or guardianship of a vulnerable adult, to:
(A) Obtain control through deception, harassment, intimidation or undue influence over the vulnerable adult's money, assets or property with the intention of permanently or temporarily depriving the vulnerable adult of the ownership, use, benefit or possession of his money, assets or property;
(B) In the absence of legal authority:
(I) Employ the services of a third party for the profit or advantage of the person or another person to the detriment of a vulnerable adult;
(II) Force, compel, coerce or entice a vulnerable adult to perform services for the profit or advantage of another against the will of the vulnerable adult.
(C) Intentionally misuse the principal's property and, in so doing, adversely affect the principal's ability to receive health care or pay bills for basic needs or obligations; or
(D) Abuse the fiduciary duty under a power of attorney, conservatorship or guardianship.



(xviii) “Vulnerable adult” means any person eighteen (18) years of age or older who is unable to manage and take care of himself or his money, assets or property without assistance as a result of advanced age or physical or mental disability;

Criminal Financial Exploitation
Wyo. Stat. § 35-20-102(a)(ix) & (xviii) (2020)

Title 35. Public Health and Safety 
Chapter 20. Adult Protective Services 
§ 35-20-102. Definitions

(a) As used in this act:

(ix) “Exploitation” means the reckless or intentional act taken by any person, or any use of the power of attorney, conservatorship or guardianship of a vulnerable adult, to:
(A) Obtain control through deception, harassment, intimidation or undue influence over the vulnerable adult's money, assets or property with the intention of permanently or temporarily depriving the vulnerable adult of the ownership, use, benefit or possession of his money, assets or property;
(B) In the absence of legal authority:
(I) Employ the services of a third party for the profit or advantage of the person or another person to the detriment of a vulnerable adult;
(II) Force, compel, coerce or entice a vulnerable adult to perform services for the profit or advantage of another against the will of the vulnerable adult.
(C) Intentionally misuse the principal's property and, in so doing, adversely affect the principal's ability to receive health care or pay bills for basic needs or obligations; or
(D) Abuse the fiduciary duty under a power of attorney, conservatorship or guardianship.


(xviii) “Vulnerable adult” means any person eighteen (18) years of age or older who is unable to manage and take care of himself or his money, assets or property without assistance as a result of advanced age or physical or mental disability;

Criminal Financial Exploitation
Wyo. Stat. § 6-2-507(a), (e)(v) & (e)(vii) (2020)

Title 6. Crimes and Offenses
Chapter 2. Offenses Against the Person
Article 5. Assault and Battery
§ 6-2-507. Abuse, neglect, abandonment, intimidation or exploitation of a vulnerable adult; penalties

(a) Except under circumstances constituting a violation of W.S. 6-2-502, a person is guilty of abuse, neglect, abandonment or exploitation of a vulnerable adult if the person intentionally or recklessly abuses, neglects, abandons, intimidates or exploits a vulnerable adult.

(e) As used in this section:

(v) “Exploitation” means as defined in W.S. 35-20-102(a)(ix);


(vii) “Vulnerable adult” means as defined in W.S. 35-20-102(a)(xviii).

Civil Elder Abuse
Wyo. Stat. §§ 35-20-101 through 35-20-116   (2017)

Wyo. Stat. § 35-20-102

Title 35  Public Health and Safety  Chapter 20  Adult Protective Services

     (i) "Abandonment" means leaving a vulnerable adult without financial support or the means or ability to obtain food, clothing, shelter or health care;

(ii)  “Abuse” means the intentional or reckless infliction, by the vulnerable adult's caregiver, person of trust or authority, professional, family member or other individual of:(A)  Injury; (B)  Unreasonable confinement which threatens the welfare and well being of a vulnerable adult; (C)  Cruel punishment with resulting physical or emotional harm or pain to a vulnerable adult; (D)  Photographing vulnerable adults in violation of W.S. 6-4-304(b); (E)  Sexual abuse; (F)  Intimidation; or (G)  Exploitation.

(ix)  “Exploitation” means the reckless or intentional act taken by any person, or any use of the power of attorney, conservatorship or guardianship of a vulnerable adult, to:(A)  Obtain control through deception, harassment, intimidation or undue influence over the vulnerable adult's money, assets or property with the intention of permanently or temporarily depriving the vulnerable adult of the ownership, use, benefit or possession of his money, assets or property; (B)  In the absence of legal authority:(I)  Employ the services of a third party for the profit or advantage of the person or another person to the detriment of a vulnerable adult; (II)  Force, compel, coerce or entice a vulnerable adult to perform services for the profit or advantage of another against the will of the vulnerable adult. (C)  Intentionally misuse the principal's property and, in so doing, adversely affect the principal's ability to receive health care or pay bills for basic needs or obligations; or (D)  Abuse the fiduciary duty under a power of attorney, conservatorship or guardianship.

(xi)  “Neglect” means the deprivation of, or failure to provide, the minimum food, shelter, clothing, supervision, physical and mental health care, other care and prescribed medication as necessary to maintain a vulnerable adult's life or health, or which may result in a life-threatening situation. The withholding of health care from a vulnerable adult is not neglect if:(A)  Treatment is given in good faith by spiritual means alone, through prayer, by a duly accredited practitioner in accordance with the tenets and practices of a recognized church or religious denomination; (B)  The withholding of health care is in accordance with a declaration executed pursuant to W.S. 35-22-401 through 35-22-416; or (C)  Care is provided by a hospice licensed in accordance with and pursuant to W.S. 35-2-901 through 35-2-910.

(xxii)  “Sexual abuse” means sexual contact including, but not limited to, unwanted touching, all types of sexual assault or battery as defined in W.S. 6-2-302 through 6-2-304, sexual exploitation and sexual photographing;

Criminal Elder Abuse
Wyo. Stat. Ann. § 6-2-507

(a)  Except under circumstances constituting a violation of W.S. 6 2 502, a person is guilty of abuse, neglect, abandonment or exploitation of a vulnerable adult if the person intentionally or recklessly abuses, neglects, abandons, intimidates or exploits a vulnerable adult.

(b)  Reckless abuse, neglect, abandonment, intimidation or exploitation of a vulnerable adult is a misdemeanor, punishable by not more than one (1) year in jail, a fine of one thousand dollars ($1,000.00), or both, and registration of the offender's name on the central registry.

(c)  Intentional abuse, neglect or abandonment of a vulnerable adult is a felony punishable by not more than ten (10) years in prison, a fine of not more than ten thousand dollars ($10,000.00), or both, and registration of the offender’s name on the central registry.

(d)  Exploitation of a vulnerable adult is a felony punishable by not more than ten (10) years in prison, a fine of not more than ten thousand dollars ($10,000.00), or both, and registration of the offender’s name on the central registry.

(e)  As used in this section:

(i)  "Abandonment" means as defined in W.S. 35 20 102(a)(i);

(ii)  "Abuse" means as defined in W.S. 35 20 102(a)(ii);

(iii)  "Caregiver" means as defined in W.S. 35 20 102(a)(iv);

(iv)  "Central registry" means the registry established under W.S. 35 20 115;

(v)  "Exploitation" means as defined in W.S. 35 20 102(a)(ix);

(vi)  "Neglect" means as defined in W.S. 35 20 102(a)(xi);

(vii)  "Vulnerable adult" means as defined in W.S. 35 20 102(a)(xviii).

http://legisweb.state.wy.us/statutes/compress/titl...