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
N.D. CENT. CODE ANN. § 12.1-31-07.1 (2015)

 
TITLE 12.1  Criminal Code 

CHAPTER 12.1-31  Miscellaneous Offenses

§ 12.1-31-07.1.  Exploitation of a vulnerable adult -- Penalty.

  1. A person is guilty of exploitation of a disabled adult or vulnerable elderly adult if:

   a. The person stands in a position of trust and confidence or has a business relationship with the disabled adult or vulnerable elderly adult and knowingly, by deception or intimidation, obtains or uses, or attempts to obtain or use, the disabled adult's or vulnerable elderly adult's funds, assets, or property with the intent to temporarily or permanently deprive the disabled adult or vulnerable elderly adult of the use, benefit, or possession of the property, for the benefit of someone other than the disabled adult or vulnerable elderly adult; or

   b. The person knows that the disabled adult or vulnerable elderly adult lacks the capacity to consent, and obtains or uses, or attempts to obtain or use, or assists another in obtaining or using or attempting to obtain or use, the disabled adult's or vulnerable elderly adult's funds, assets, or property with the intent to temporarily or permanently deprive the disabled adult or vulnerable elderly adult of the use, benefit, or possession of the property for the benefit of someone other than the disabled adult or vulnerable elderly adult.

2. Exploitation of a disabled adult or vulnerable elderly adult is:

   a. A class A felony if the value of the exploited funds, assets, or property exceeds fifty thousand dollars.

   b. A class B felony if the value of the exploited funds, assets, or property exceeds ten thousand dollars but does not exceed fifty thousand dollars.

   c. A class C felony if the value of the exploited funds, assets, or property is in excess of one thousand dollars but does not exceed ten thousand dollars.

   d. A class A misdemeanor if the value of the exploited funds, assets, or property does not exceed one thousand dollars.

3. It is not a defense to a prosecution of a violation of this section that the accused did not know the age of the victim.

4. This section does not impose criminal liability on a person who has:

   a. Managed the disabled adult's or vulnerable elderly adult's funds, assets, or property in a manner that clearly gives primacy to the needs and welfare of that person or is consistent with any explicit written authorization; or

   b. Made a good-faith effort to assist in the management of the disabled adult's or vulnerable elderly adult's funds, assets, or property.

Criminal Financial Exploitation
N.D. CENT. CODE ANN. § 50-25.2-01  (2015)

 

TITLE 50  Public Welfare 
CHAPTER 50-25.2  Vulnerable Adult Protection Services

7. “Financial exploitation” means the taking or misuse of property or resources of a vulnerable adult by means of undue influence, breach of a fiduciary relationship, deception, harassment, criminal coercion, theft, or other unlawful or improper means.

17. "Vulnerable adult" means an adult who has a substantial mental or functional impairment.

Criminal Financial Exploitation
OKLA. STAT. ANN. tit. 21, § 843.4 (2016)
TITLE 21.  CRIMES AND PUNISHMENTS 
PART III.  CRIMES AGAINST THE PERSON 
CHAPTER 30.  MISCELLANEOUS OFFENSES AGAINST THE PERSON 
ABUSE OF ELDERLY OR DISABLED PERSONS

§ 843.4.  Exploitation of elderly or disabled adult

   A. As used in this section, "exploitation of an elderly person or disabled adult" means:

   1. Knowingly, by deception or intimidation, obtaining or using, or endeavoring to obtain or use, an elderly person's or disabled adult's funds, assets, or property with the intent to temporarily or permanently deprive the elderly person or disabled adult of the use, benefit, or possession of the funds, assets, or property, or to benefit someone other than the elderly person or disabled adult, by a person who:

       a. stands in a position of trust and confidence with the elderly person or disabled adult, or

       b. has a business relationship with the elderly person or disabled adult, or

   2. Obtaining or using, endeavoring to obtain or use, or conspiring with another to obtain or use an elderly person's or disabled adult's funds, assets, or property with the intent to temporarily or permanently deprive the elderly person or disabled adult of the use, benefit, or possession of the funds, assets, or property, or to benefit someone other than the elderly person or disabled adult, by a person who knows or reasonably should know that the elderly person or disabled adult lacks the capacity to consent.

   B. 1. If the funds, assets, or property involved in the exploitation of the elderly person or disabled adult are valued at One Hundred Thousand Dollars ($100,000.00) or more, the violator commits a felony punishable by imprisonment in the custody of the Department of Corrections for a term not more than fifteen (15) years and by a fine in an amount not exceeding Ten Thousand Dollars ($10,000.00).

   2. If the funds, assets, or property involved in the exploitation of the elderly person or disabled adult are valued at less than One Hundred Thousand Dollars ($100,000.00), the violator commits a felony punishable by imprisonment in the custody of the Department of Corrections for a term not more than ten (10) years and by a fine in an amount not exceeding Ten Thousand Dollars ($10,000.00).

   C. For purposes of this section, "elderly person" means any person sixty-two (62) years of age or older.

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.

Criminal Financial Exploitation
R.I. Gen. Laws § 11-68-1  (2016) (Enhanced penalty, R.I. Gen. Laws § 11-41-5 (2016))
Title 11. Criminal Offenses

CHAPTER 68. Exploitation of Elders

§ 11-68-1  Definitions.

As used in this chapter:

   (1) "Business relationship" means a relationship between two (2) or more individuals or entities where there exists an oral or written contract or agreement for goods or services.

   (2) "Caregiver" means a person who has been entrusted with or has assumed responsibility for the care or the property of an elder person. Caregiver includes, but is not limited to, relatives, court-appointed or voluntary guardians, adult household members, neighbors, health care providers, and employees and volunteers of elder care facilities.

   (3) "Deception" means misrepresenting or concealing a material fact relating to:

   (i) Services rendered, disposition of property, or use of property, when such services or property are intended to benefit an elder person; or

   (ii) Terms of a contract or agreement entered into with an elder person; or

   (iii) An existing or preexisting condition of any property involved in a contract or agreement entered into with an elder person; or

   (iv) Using any misrepresentation, false pretense, or false promise in order to induce, encourage or solicit an elder person to enter into a contract or agreement.

   (4) "Elder person" means a person sixty-five (65) years of age or older.

   (5) "Intimidation" means the communication by word or act to an elder person that the elder person will be deprived of food, nutrition, clothing, shelter, supervision, medicine, medical services, money, or financial support or will suffer physical violence.

   (6) "Lacks capacity to consent" means an impairment by reason of mental illness, developmental disability, organic brain disorder, physical illness or disability, short-term memory loss, or other cause, that causes an elder person to lack sufficient understanding or capacity to make or communicate reasonable decisions concerning the elder person's person or property.

   (7) "Position of trust and confidence" with respect to an elder person means the position of a person who:

   (i) Is a spouse, adult child, or other relative by blood or marriage of the elder person;

   (ii) Is a joint tenant or tenant in common with the elder person;

   (iii) Has a legal or fiduciary relationship with the elder person including, but not limited to, a court-appointed or voluntary guardian, trustee, attorney, or conservator;

   (iv) Is the caregiver of the elder person; or

   (v) Is any other person who has been entrusted with or has assumed responsibility for the use or management of the elder person's funds, assets, or property.

Criminal Financial Exploitation
R.I. Gen. Laws § 11-68-2 (2016)
Title 11. Criminal Offenses

CHAPTER 68. Exploitation of Elders

§ 11-68-2  Exploitation of an elder.

(a) A person is guilty of exploitation of an elder person if that person:

   (1) Knowingly, by deception or intimidation, obtains or uses, or endeavors to obtain or use, an elder person's funds, assets or property with the intent to temporarily or permanently deprive the elder person of the use, benefit, or possession of the funds, assets or property, or to benefit someone other than the elder person by a person who:

   (i) Stands in a position of trust and confidence with the elder person; or

   (ii) Has a business relationship with the elder person; or

   (2) Knowingly, by deception or intimidation, obtains or uses, endeavors to obtain or use, or conspires with another to obtain or use an elder person's funds, assets, or property with the intent to temporarily or permanently deprive the elder person of the use, benefit, or possession of the funds, assets, or property, or to benefit someone other than the elder person, by a person who knows or reasonably should know that the elder person lacks the capacity to consent.

   (b) Any person who shall exploit an elder person as defined in this chapter shall be guilty of a felony.

Criminal Financial Exploitation
R.I. Gen. Laws § 11-68-3 (2016)

Title 11. Criminal Offenses
CHAPTER 68.   Exploitation of Elders

§ 11-68-3. Penalties for violations.

Any person convicted of exploiting an elder person as provided under this chapter shall be punished as follows:

   (1) If the funds, assets, or property involved in the exploitation of the elder person are valued at less than five hundred dollars ($500), the person shall be subject to imprisonment for not more than five (5) years or by a fine of not more than five thousand dollars ($5,000) or both.

   (2) If the funds, assets, or property involved in the exploitation of the elder person are valued at five hundred dollars ($500) or more, but less than one hundred thousand dollars ($100,000), the person shall be subject to imprisonment for not more than fifteen (15) years or by a fine of not more than ten thousand dollars ($10,000) or both.

   (3) If the funds, assets, or property involved in the exploitation of the elder person are valued at one hundred thousand dollars ($100,000) or more, the person shall be subject to imprisonment for not more than thirty (30) years or by a fine of not more than fifteen thousand dollars ($15,000) or both.

Criminal Financial Exploitation
S.C. CODE ANN. § 43-35-10 (2015)

TITLE 43. SOCIAL SERVICES 
CHAPTER 35. ADULT PROTECTION 
ARTICLE 1. DUTIES AND PROCEDURES OF INVESTIGATIVE ENTITIES

§ 43-35-10. Definitions.

   As used in this chapter:

(1) "Abuse" means physical abuse or psychological abuse.

(2) "Caregiver" means a person who provides care to a vulnerable adult, with or without compensation, on a temporary or permanent or full or part-time basis and includes, but is not limited to, a relative, household member, day care personnel, adult foster home sponsor, and personnel of a public or private institution or facility.

(3) "Exploitation" means:

(a) causing or requiring a vulnerable adult to engage in activity or labor which is improper, unlawful, or against the reasonable and rational wishes of the vulnerable adult. Exploitation does not include requiring a vulnerable adult to participate in an activity or labor which is a part of a written plan of care or which is prescribed or authorized by a licensed physician attending the patient;

(b) an improper, unlawful, or unauthorized use of the funds, assets, property, power of attorney, guardianship, or conservatorship of a vulnerable adult by a person for the profit or advantage of that person or another person; or

(c) causing a vulnerable adult to purchase goods or services for the profit or advantage of the seller or another person through: (i) undue influence, (ii) harassment, (iii) duress, (iv) force, (v) coercion, or (vi) swindling by overreaching, cheating, or defrauding the vulnerable adult through cunning arts or devices that delude the vulnerable adult and cause him to lose money or other property.

(4) "Facility" means a nursing care facility, community residential care facility, a psychiatric hospital, or any residential program operated or contracted for operation by the Department of Mental Health or the Department of Disabilities and Special Needs.

(5) "Investigative entity" means the Long Term Care Ombudsman Program, the Adult Protective Services Program in the Department of Social Services, the Vulnerable Adults Investigations Unit of the South Carolina Law Enforcement Division, or the Medicaid Fraud Control Unit of the Office of the Attorney General.

(6) "Neglect" means the failure or omission of a caregiver to provide the care, goods, or services necessary to maintain the health or safety of a vulnerable adult including, but not limited to, food, clothing, medicine, shelter, supervision, and medical services and the failure or omission has caused, or presents a substantial risk of causing, physical or mental injury to the vulnerable adult. Noncompliance with regulatory standards alone does not constitute neglect. Neglect includes the inability of a vulnerable adult, in the absence of a caretaker, to provide for his or her own health or safety which produces or could reasonably be expected to produce serious physical or psychological harm or substantial risk of death.

(7) "Occupational licensing board" means a health professional licensing board which is a state agency that licenses and regulates health care providers and includes, but is not limited to, the Board of Long Term Health Care Administrators, State Board of Nursing for South Carolina, State Board of Medical Examiners, State Board of Social Work Examiners, and the State Board of Dentistry.

(8) "Physical abuse" means intentionally inflicting or allowing to be inflicted physical injury on a vulnerable adult by an act or failure to act. Physical abuse includes, but is not limited to, slapping, hitting, kicking, biting, choking, pinching, burning, actual or attempted sexual battery as defined in Section 16-3-651, use of medication outside the standards of reasonable medical practice for the purpose of controlling behavior, and unreasonable confinement. Physical abuse also includes the use of a restrictive or physically intrusive procedure to control behavior for the purpose of punishment except that a therapeutic procedure prescribed by a licensed physician or other qualified professional or that is part of a written plan of care by a licensed physician or other qualified professional is not considered physical abuse. Physical abuse does not include altercations or acts of assault between vulnerable adults.

(9) "Protective services" means those services whose objective is to protect a vulnerable adult from harm caused by the vulnerable adult or another. These services include, but are not limited to, evaluating the need for protective services, securing and coordinating existing services, arranging for living quarters, obtaining financial benefits to which a vulnerable adult is entitled, and securing medical services, supplies, and legal services.

(10) "Psychological abuse" means deliberately subjecting a vulnerable adult to threats or harassment or other forms of intimidating behavior causing fear, humiliation, degradation, agitation, confusion, or other forms of serious emotional distress.

(11) "Vulnerable adult" means a person eighteen years of age or older who has a physical or mental condition which substantially impairs the person from adequately providing for his or her own care or protection. This includes a person who is impaired in the ability to adequately provide for the person's own care or protection because of the infirmities of aging including, but not limited to, organic brain damage, advanced age, and physical, mental, or emotional dysfunction. A resident of a facility is a vulnerable adult.

(12) "Operated facility" means those facilities directly operated by the Department of Mental Health or the Department of Disabilities and Special Needs.

(13) "Contracted facility" means those public and private facilities contracted for operation by the Department of Mental Health or the Department of Disabilities and Special Needs.

Criminal Financial Exploitation
S.C. CODE ANN. § 43-35-85 (2015)

Title 43. Social Services
Chapter 35. Adult Protection
Article 1. Duties and Procedures of Investigative Entities

§43-35-85. Penalities.

 (D) A person who knowingly and wilfully exploits a vulnerable adult is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years, or both, and may be required by the court to make restitution.

Criminal Financial Exploitation
S.D. CODIFIED LAWS § 22-46-1 (2016) (Effective July 1, 2016)

Title 22  Crimes  
Chapter 22-46  Abuse, Neglect or Exploitation of Disabled Adults

22-46-1.  Definitions.

Terms used in this chapter mean:

     (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;

     (2) "Caretaker," a person or entity who is entrusted with the property of an elder or adult with a disability, or who is responsible for the health or welfare of an elder or adult with a disability, and who assumes the position of trust or responsibility voluntarily, by contract, by receipt of payment, or by order of the court;

     (3) "Elder," a person sixty-five years of age or older;

     (4) "Emotional and psychological abuse," a caretaker's willful, malicious, and repeated infliction of:

         (a) A sexual act or the simulation of a sexual act directed at and without the consent of the elder or adult with a disability that involves nudity or is obscene;

         (b) Unreasonable confinement;

         (c) Harm or damage or destruction of the property of an elder or adult with a disability, including harm to or destruction of pets; or

         (d) Ridiculing or demeaning conduct, derogatory remarks, verbal harassment, or threats to inflict physical or emotional and psychological abuse, directed at an elder or adult with a disability;

     (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;

    (6) "Neglect," harm to the health or welfare of an elder or an adult with a disability, without reasonable medical justification, caused by a caretaker, within the means available for the elder or adult with a disability, including the failure to provide adequate food, clothing, shelter, or medical care; and

    (7) "Physical abuse," physical harm, bodily injury, attempt to cause physical harm or injury, or fear of imminent physical harm or bodily injury.

Criminal Financial Exploitation
S.D. CODIFIED LAWS § 22-46-3 (2013) (Effective July 1, 2016)
Title 22  Crimes  
Chapter 22-46  Abuse, Neglect or Exploitation of Disabled Adults

22-46-3.  Theft by exploitation -- Penalty.

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.

Criminal Financial Exploitation
Tenn. Code Ann. § 71-6-102  (2016)

Title 71. Welfare 
Chapter 6. Programs and Services for Abused Persons 
Part 1. Adult Protection

§ 71-6-102.  Definitions.

  As used in this part, unless the context otherwise requires:

   (1)  (A) "Abuse or neglect" means the infliction of physical pain, injury, or mental anguish, or the deprivation of services by a caretaker that are necessary to maintain the health and welfare of an adult or a situation in which an adult is unable to provide or obtain the services that are necessary to maintain that person's health or welfare. Nothing in this part shall be construed to mean a person is abused or neglected or in need of protective services for the sole reason that the person relies on or is being furnished treatment by spiritual means through prayer alone in accordance with a recognized religious method of healing in lieu of medical treatment; further, nothing in this part shall be construed to require or authorize the provision of medical care to any terminally ill person if such person has executed an unrevoked living will in accordance with the Tennessee Right to Natural Death Act, compiled in title 32, chapter 11, and if the provision of such medical care would conflict with the terms of such living will;

      (B) "Abuse or neglect" means transporting an adult and knowingly abandoning, leaving or failing to provide additional planned transportation for the adult if the adult's caretaker knows, or should know, that:

         (i) The adult is unable to protect or care for himself or herself without assistance or supervision; and

         (ii) The caretaker's conduct causes any of the results listed in subdivision (1)(A) or creates a substantial risk of such results;

   (2) "Adult" means a person eighteen (18) years of age or older who because of mental or physical dysfunctioning or advanced age is unable to manage such person's own resources, carry out the activities of daily living, or protect such person from neglect, hazardous or abusive situations without assistance from others and who has no available, willing, and responsibly able person for assistance and who may be in need of protective services; provided, however, that a person eighteen (18) years of age or older who is mentally impaired but still competent shall be deemed to be a person with mental dysfunction for the purposes of this chapter;

   (3) "Advanced age" means sixty (60) years of age or older;

   (4) "Capacity to consent" means the mental ability to make a rational decision, which includes the ability to perceive, appreciate all relevant facts and to reach a rational judgment upon such facts. A decision itself to refuse services cannot be the sole evidence for finding the person lacks capacity to consent;

   (5) "Caretaker":

      (A) Means an individual or institution who has assumed the duty to provide for the care of the adult by contract or agreement;

      (B) Includes a parent, spouse, adult child or other relative, both biological or by marriage, who:

         (i) Resides with or in the same building with or regularly visits the adult;

         (ii) Knows or reasonably should know of the adult's mental or physical dysfunction or advanced age; and

         (iii) Knows or reasonably should know that the adult is unable to adequately provide for the adult's own care; and

      (C) Does not mean a financial institution as a caretaker of funds or other assets unless such financial institution has entered into an agreement to act as a trustee of such property or has been appointed by a court of competent jurisdiction to act as a trustee with regard to the property of the adult;

   (6) "Commissioner" means the commissioner of human services;

   (7) "Department" means the department of human services;

   (8) "Exploitation" means the improper use by a caretaker of funds that have been paid by a governmental agency to an adult or to the caretaker for the use or care of the adult;

   (9) "Imminent danger" means conditions calculated to and capable of producing within a relatively short period of time a reasonable probability of resultant irreparable physical or mental harm or the cessation of life, or both, if such conditions are not removed or alleviated. However, the department is not required to assume responsibility for a person in imminent danger pursuant to this chapter except when, in the department's determination, sufficient resources exist for the implementation of this part;

   (10) "Investigation" includes, but is not limited to, a personal interview with the individual reported to be abused, neglected, or exploited. When abuse or neglect is allegedly the cause of death, a coroner's or doctor's report shall be examined as part of the investigation;

   (11) "Protective services" means services undertaken by the department with or on behalf of an adult in need of protective services who is being abused, neglected, or exploited. These services may include, but are not limited to, conducting investigations of complaints of possible abuse, neglect, or exploitation to ascertain whether or not the situation and condition of the adult in need of protective services warrants further action; social services aimed at preventing and remedying abuse, neglect, and exploitation; services directed toward seeking legal determination of whether the adult in need of protective services has been abused, neglected or exploited and procurement of suitable care in or out of the adult's home;

   (12) "Relative" means spouse; child, including stepchild, adopted child or foster child; parents, including stepparents, adoptive parents or foster parents; siblings of the whole or half-blood; step-siblings; grandparents; grandchildren, of any degree; and aunts, uncles, nieces and nephews; and

   (13) "Sexual abuse" occurs when an adult, as defined in this chapter, is forced, tricked, threatened or otherwise coerced by a person into sexual activity, involuntary exposure to sexually explicit material or language, or sexual contact against such adult's will. Sexual abuse also occurs when an adult, as defined in this chapter, is unable to give consent to such sexual activities or contact and is engaged in such activities or contact with another person.

Criminal Financial Exploitation
Tenn. Code Ann. § 71-6-117  (2016)

Title 71. Welfare
Chapter 6. Programs and Services for Abused Persons
Part 1. Adult Protection

71-6-117.  Willful abuse, neglect or exploitation prohibited -- Penalty.

(a) It is an offense for any person to knowingly, other than by accidental means, abuse, neglect or exploit any adult within the meaning of this part.

(b) A violation of this section is a Class D felony.

(c)  (1) Following a conviction for a violation of this section or § 71-6-119, the clerk of the court shall notify the department of health of the conviction by sending a copy of the judgment in the manner set forth in § 68-11-1003 for inclusion pursuant to title 68, chapter 11, part 10.

   (2) Upon receipt of a judgment of conviction for a violation of an offense set out in subdivision (c)(1), the department shall place the person or persons convicted on the registry of persons who have abused, neglected, or misappropriated the property of a vulnerable individual as provided in § 68-11-1003(c).

   (3) Upon entry of the information in the registry, the department shall notify the person convicted, at the person's last known mailing address, of the person's inclusion on the registry. The person convicted shall not be entitled or given the opportunity to contest or dispute either the prior hearing conclusions or the content or terms of any criminal disposition, or attempt to refute the factual findings upon which the conclusions and determinations are based. The person convicted may challenge the accuracy of the report that the criminal disposition has occurred, such hearing conclusions were made or any factual issue related to the correct identity of the person. If the person convicted makes such a challenge within sixty (60) days of notification of inclusion on the registry, the commissioner, or the commissioner's designee, shall afford the person an opportunity for a hearing on the matter that complies with the requirements of due process and the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

(d) In addition to any other punishment that may be imposed for a violation of this section, if, as determined by the court, the victim was sixty (60) years of age or older, then the court shall impose a fine in an amount between fifty dollars ($50.00) and two hundred dollars ($200). The additional fine shall be paid to the clerk of the court imposing sentence, who shall transfer it to the state treasurer, who shall credit the fine to the general fund. All fines so credited to the general fund may be subject to appropriation by the general assembly for the purpose of funding services and programs for senior citizens.

Criminal Financial Exploitation
TEX PE. CODE ANN. § 22.04 (2015)

PENAL CODE
TITLE 5. OFFENSES AGAINST THE PERSON
CHAPTER 22. ASSAULTIVE OFFENSES

§ 22.04 INJURY TO A CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL

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

Criminal Financial Exploitation
TEX PE. CODE ANN. § 31.01 (2015)
PENAL CODE

TITLE 7. OFFENSES AGAINST PROPERTY
CHAPTER 31. THEFT

§ 31.01.  DEFINITIONS.  In this chapter:

(3)  "Effective consent" includes consent by a person legally authorized to act for the owner.  Consent is not effective if:

(A)  induced by deception or coercion;

(B)  given by a person the actor knows is not legally authorized to act for the owner;

(C)  given by a person who by reason of youth, mental disease or defect, or intoxication is known by the actor to be unable to make reasonable property dispositions;

(D)  given solely to detect the commission of an offense;  or

(E)  given by a person who by reason of advanced age is known by the actor to have a diminished capacity to make informed and rational decisions about the reasonable disposition of property.

Criminal Financial Exploitation
TEX. PENAL CODE ANN. § 31.03(3) (2015)
PENAL CODE

TITLE 7. OFFENSES AGAINST PROPERTYCHAPTER 31. THEFT

§31.03: THEFT

(a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property.

(b) Appropriation of property is unlawful if:

             (1) it is without the owner's effective consent; …

Criminal Financial Exploitation
TEX. PENAL CODE ANN. § 32.53 (2015)

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:

(1)  "Child," "elderly individual," and "disabled individual" have the meanings assigned by Section 22.04.

(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.

(b)  A person commits an offense if the person intentionally, knowingly, or recklessly causes the exploitation of a child, elderly individual, or disabled individual.

(c)  An offense under this section is a felony of the third degree.

(d)  A person who is subject to prosecution under both this section and another section of this code may be prosecuted under either or both sections.  Section 3.04 does not apply to criminal episodes prosecuted under both this section and another section of this code.  If a criminal episode is prosecuted under both this section and another section of this code and sentences are assessed for convictions under both sections, the sentences shall run concurrently.

(e)  With the consent of the appropriate local county or district attorney, the attorney general has concurrent jurisdiction with that consenting local prosecutor to prosecute an offense under this section that involves the Medicaid program.

Criminal Financial Exploitation
14 V.I.C. § 2202  (2015)

TITLE FOURTEEN  Crimes
Chapter 110.  Theft
Subchapter I.  Identity Theft

§ 2202.  Identity theft

(a) A person commits the offense of identity theft when he or she knowingly:

     (1) uses any personal identifying information or personal identification document of another person to obtain credit, money, goods, services, or other property fraudulently, or

     (2) uses any personal identification information or personal identification document of another with intent to commit any felony theft or other felony violation of the laws of the Virgin Islands not set forth in paragraph (1) of this subsection (a), or

     (3) obtains, records, possesses, sells, transfers, purchases, or manufactures any personal identification information or personal identification document of another with intent to commit or to aid or abet another in committing any felony theft or other felony violation of the laws of the Virgin Islands, or

     (4) uses, obtains, records, possesses, sells, transfers, purchases, or manufactures any personal identification information or personal identification document of another knowing that such personal identification information or personal identification documents were stolen or produced without lawful authority, or

     (5) uses, transfers, or possesses document-making implements to produce false identification or false documents with knowledge that they will be used by the person or another to commit any felony theft or other felony violation of law.

(b) Knowledge shall be determined by an evaluation of all circumstances surrounding the use of the other person's identifying information or document.

(c) When a charge of identity theft of credit, money, goods, services, or other property exceeding a specified value is brought, the value of the credit, money, goods, services, or other property is an element of the offense to be resolved by the trier of fact as either exceeding or not exceeding the specified value.

(d) Sentence.

     (1) A person convicted of identity theft in violation of paragraph (1) of subsection (a) shall be sentenced as follows:

         (A) identity theft of credit, money, goods, services, or other property not exceeding $ 300 in value is a misdemeanor. A person who has been previously convicted of identity theft of less than $ 300 who is convicted of a second or subsequent offense of identity theft of less than $ 300 is guilty of a felony and is punishable by a term of imprisonment of 1 year and not more than 4 years. A person who has been convicted of identity theft of less than $ 300 who has been previously convicted of any type of theft, robbery, armed robbery, burglary, residential burglary, possession of burglary tools, home invasion, home repair fraud, aggravated home repair fraud, or financial exploitation of an elderly or disabled person is guilty of a felony and is punishable by a term of imprisonment of 1 year and not more than 4 years. When a person has any such prior conviction, the information or indictment charging that person shall state the prior conviction so as to give notice of the Government's intention to treat the charge as a felony. The fact of the prior conviction is not an element of the offense and may not be disclosed to the jury during trial unless otherwise permitted by issues properly raised during the trial.

         (B) Identity theft of credit, money, goods, services, or other property exceeding $ 300 and not exceeding $ 2,000 in value is a felony and is punishable by a term of imprisonment of 1 year and not more than 4 years.

         (C) Identity theft of credit, money, goods, services, or other property exceeding $ 2,000 and not exceeding $ 10,000 in value is a felony and is punishable by a term of imprisonment of not less than 2 years and not more than 5 years.

         (D) Identity theft of credit, money, goods, services, or other property exceeding $ 10,000 and not exceeding $ 100,000 in value is a felony and is punishable by a term of imprisonment of not less than 3 years and not more than 7 years.

         (E) Identity theft of credit, money, goods, services, or other property exceeding $ 100,000 in value is a felony and is punishable by a term of imprisonment of not less than 4 years and not exceeding 15 years.

     (2) A person convicted of any offense enumerated in paragraphs (2) through (5) of subsection (a) is guilty of a felony and is punishable by a term of imprisonment of 1 year and not more than 4 years.

     (3) A person convicted of any offense enumerated in paragraphs (2) through (5) of subsection (a) a second or subsequent time is guilty of a felony that is punishable by a term of imprisonment of not less than 2 years and not exceeding 5 years.

     (4) A person who, within a 12 twelve month period, is found in violation of any offense enumerated in paragraphs (2) through (5) of subsection (a) with respect to the identifiers of 3 or more separate individuals, at the same time or consecutively, is guilty of a felony that is punishable by a term of imprisonment of not less than 2 years and not exceeding 5 years.

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.

Criminal Financial Exploitation
VT. STAT. ANN. tit. 13, § 1375 (2016)

Title 13: Crimes and Criminal Procedure
Part 1. Crime
Chapter 28: ABUSE, NEGLECT, AND EXPLOITATION OF VULNERABLE ADULTS

§ 1375. Definitions

(8) "Vulnerable adult" means any person 18 years of age or older who:

(A) is a resident of a facility required to be licensed under chapter 71 of Title 33;

(B) is a resident of a psychiatric hospital or a psychiatric unit of a hospital;

(C) has been receiving personal care and services from an agency certified by the Vermont department of aging and independent living or from a person or organization that offers, provides, or arranges for personal care; or

(D) regardless of residence or whether any type of service is received, is impaired due to brain damage, infirmities of aging, or a physical, mental, or developmental disability that results in some impairment of the individual's ability to:

(i) provide for his or her own care without assistance, including the provision of food, shelter, clothing, health care, supervision, or management of finances; or

(ii) protect himself or herself from abuse, neglect, or exploitation.

Criminal Financial Exploitation
VT. STAT. ANN. tit. 13, § 1380 (2016)

 
Title 13: Crimes and Criminal Procedure

Part 1. Crimes

Chapter 28: ABUSE, NEGLECT, AND EXPLOITATION OF VULNERABLE ADULTS

§ 1380. Financial exploitation

(a) No person shall willfully use, withhold, transfer, or dispose of funds or property of a vulnerable adult, without or in excess of legal authority, for wrongful profit or advantage. No person shall willfully acquire possession or control of or an interest in funds or property of a vulnerable adult through the use of undue influence, harassment, duress, or fraud.

(b) A person who violates subsection (a) of this section, and exploits money, funds, or property of no more than $ 500.00 in value, shall be imprisoned not more than 18 months or fined not more than $ 10,000.00, or both.

(c) A person who violates subsection (a) of this section, and exploits money, funds, or property in excess of $ 500.00 in value, shall be imprisoned not more than 10 years or fined not more than $ 10,000.00, or both.

Criminal Financial Exploitation
Va. Code § 18.2-178.1. (2016)

Title 18.2 - CRIMES AND OFFENSES GENERALLY
Chapter 6. Crimes Involving Fraud
Article 3. False Pretenses

§ 18.2-178.1.  Financial exploitation of mentally incapacitated persons; penalty

   A. It is unlawful for any person who knows or should know that another person suffers from mental incapacity to, through the use of that other person's mental incapacity, take, obtain, or convert money or other thing of value belonging to that other person with the intent to permanently deprive him thereof. Any person who violates this section shall be deemed guilty of larceny.

B. Venue for the trial of an accused charged with a violation of this section shall be in any county or city in which (i) any act was performed in furtherance of the offense or (ii) the accused resided at the time of the offense.

C. This section shall not apply to a transaction or disposition of money or other thing of value in which the accused acted for the benefit of the person with mental incapacity or made a good faith effort to assist such person with the management of his money or other thing of value.

D. As used in this section, "mental incapacity" means that condition of a person existing at the time of the offense described in subsection A that prevents him from understanding the nature or consequences of the transaction or disposition of money or other thing of value involved in such offense.

Criminal Financial Exploitation
W. Va. Code § 61-2-29b  (2016)

Chapter 61.  Crimes and Their Punishment.
Article 2.  Crimes Against the Person.

§ 61-2-29b.  Financial exploitation of an elderly person, protected person or incapacitated adult; penalties; definitions.

(a) Any person who financially exploits an elderly person, protected person or an incapacitated adult shall be guilty of larceny and subject to the penalties contained in section thirteen [
§61-3-13], article three of this chapter. Any person convicted of a violation of this section shall, in addition to any other penalties at law, be subject to an order of restitution.

(b) In determining the value of the money, goods, property or services referred to in subsection (a) of this section, it shall be permissible to cumulate amounts or values where such money, goods, property or services were fraudulently obtained as part of a common scheme or plan.

(c) Financial institutions and their employees, as defined by section one [§ 31A-2A-1], article two-a, chapter thirty-one-a of this code and as permitted by section four [§ 31A-13-4], subsection thirteen of said article, others engaged in financially related activities, as defined by section one [§ 31A-8C-1], article eight-c, chapter thirty-one-a of this code, caregivers, relatives and other concerned persons are permitted to report suspected cases of financial exploitation to state or federal law-enforcement authorities, the county prosecuting attorney and to the Department of Health and Human Resources, Adult Protective Services Division or Medicaid Fraud Division, as appropriate. Public officers and employees are required to report suspected cases of financial exploitation to the appropriate entities as stated above. The requisite agencies shall investigate or cause the investigation of the allegations.

(d) When financial exploitation is suspected and to the extent permitted by federal law, financial institutions and their employees or other business entities required by federal law or regulation to file suspicious activity reports and currency transaction reports shall also be permitted to disclose suspicious activity reports or currency transaction reports to the prosecuting attorney of any county in which the transactions underlying the suspicious activity reports or currency transaction reports occurred.

(e) Any person or entity that in good faith reports a suspected case of financial exploitation pursuant to this section is immune from civil liability founded upon making that report.

(f) For the purposes of this section:

     (1) "Incapacitated adult" means a person as defined by section twenty-nine [§ 61-2-29] of this article;

     (2) "Elderly person" means a person who is sixty-five years or older;

     (3) "Financial exploitation" or "financially exploit" means the intentional misappropriation or misuse of funds or assets of an elderly person, protected person or incapacitated adult, but shall not apply to a transaction or disposition of funds or assets where the accused made a good-faith effort to assist the elderly person, protected person or incapacitated adult with the management of his or her money or other things of value; and

     (4) "Protected person" means any person who is defined as a "protected person" in section four [§ 44A-1-4], article one, chapter forty-four-a of this code and who is subject to the protections of chapter forty-four-a [§§ 44A-1-1 et seq.] or forty-four-c [§§ 44C-1-1 et seq.] of this code.

(g) Notwithstanding any provision of this code to the contrary, acting as guardian, conservator, trustee or attorney for or holding power of attorney for an elderly person, protected person or incapacitated adult shall not, standing alone, constitute a defense to a violation of subsection (a) of this section.

Criminal Financial Exploitation
Wyo. Stat. § 35-20-102  (2015)
Title 35. Public Health and Safety 

Chapter 20. Adult Protective Services

§ 35-20-102. Definitions.

(a) As used in this act:

     (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.

     (iii) "Administrator" means the director of the department of family services or his designee;

     (iv) "Caregiver" means any person or in-home service provider responsible for the care of a vulnerable adult because of:

         (A) A family relationship;

         (B) Voluntary assumption of responsibility for care;

         (C) Court ordered responsibility or placement;

         (D) Rendering services in an adult workshop or adult residential program;

         (E) Rendering services in an institution or in a community-based program; or

         (F) Acceptance of a legal obligation or responsibility to the vulnerable adult through a power of attorney, advanced health care directive or other legal designation.

     (v) "Court" means the district court in the district where the vulnerable adult resides or is found;

     (vi) Repealed by Laws 2002, Sp. Sess., ch. 86, § 3.

     (vii) "Department" means the state department of family services or its designee;

     (viii) "Emergency services" means those services that may be provided to assist vulnerable adults to prevent or terminate abuse, neglect, exploitation, intimidation or abandonment until the emergency has been resolved;

     (ix) "Exploitation" means the 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.

     (x) Repealed by Laws 2002, Sp. Sess., ch. 86, § 3.

     (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.

     (xii) "Protective services" means those emergency services that are provided in a coordinated effort facilitated by the department within communities to assist vulnerable adults to prevent or terminate abuse, neglect, exploitation, intimidation or abandonment until the vulnerable adult no longer needs those services. These services may include social casework, case management, emergency, short term in-home services such as homemaker, personal care or chore services, day care, social services, psychiatric or health evaluations and other emergency services consistent with this act;

     (xiii) Repealed by Laws 2002, Sp. Sess., ch. 86, § 3.

     (xiv) "Capacity to consent" means the ability to understand and appreciate the nature and consequences of making decisions concerning one's person, including, provisions for health or mental health care, food, shelter, clothing, safety or financial affairs. This determination may be based on assessment or investigative findings, observation or medical or mental health evaluations;

     (xv) "Injury" means any harm, including disfigurement, impairment of any bodily organ, skin bruising, laceration, bleeding, burn, fracture or dislocation of any bone, subdural hematoma, malnutrition, dehydration or pressure sores;

     (xvi) "Mental disability" means a condition causing mental dysfunction resulting in an inability to manage resources, carry out the activities of daily living or protect oneself from neglect, abuse, exploitation or hazardous situations without assistance from others. Whether or not a mental dysfunction of such degree exists is subject to an evaluation by a licensed psychologist, psychiatrist or other qualified licensed mental health professional or licensed physician, if disputed;

     (xvii) "Self neglect" means when a vulnerable adult is unable, due to physical or mental disability, or refuses to perform essential self-care tasks, including providing essential food, clothing, shelter or medical care, obtaining goods and services necessary to maintain physical health, mental health, emotional well-being and general safety, or managing financial affairs;

     (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;

     (xix) "Substantiated report" means any report of abandonment, abuse, exploitation, intimidation or neglect pursuant to this act that is determined upon investigation to establish by a preponderance of the evidence the alleged abandonment, abuse, exploitation, intimidation or neglect;

     (xx) "Intimidation" means the communication by word or act to a vulnerable adult that he, his family, friends or pets will be deprived of food, shelter, clothing, supervision, prescribed medication, physical or mental health care and other medical care necessary to maintain a vulnerable adult's health, financial support or will suffer physical violence;

     (xxi) "Advanced age" means a person who is sixty (60) years of age or older;

     (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;

     (xxiii) "This act" means W.S. 35-20-101 through 35-20-116.

Criminal Financial Exploitation
Wyo. Stat. § 6-2-507  (2015)

 

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.

(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).

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