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570.145. Financial exploitation of the elderly and disabled, penalty--definitions.

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Financial exploitation of the elderly and disabled,penalty--definitions. 570.145.1.A person commits the crime of financial exploitation ofan elderly or disabled person if such person knowingly and by deception,intimidation, or force obtains control over the elderly or disabledperson's property with the intent to permanently deprive the elderly ordisabled person of the use, benefit or possession of his or her propertythereby benefiting such person or detrimentally affecting the elderly ordisabled person.Financial exploitation of an elderly or disabled personis a class A misdemeanor if the value of the property is less than fiftydollars, a class D felony if the value of the property is fifty dollars butless than five hundred dollars, a class C felony if the value of theproperty is five hundred dollars but less than one thousand dollars, aclass B felony if the value of the property is one thousand dollars butless than fifty thousand dollars, and a class A felony if the value of theproperty is fifty thousand dollars or more. 2.For purposes of this section, the following terms mean: (1)"Deception", a misrepresentation or concealment of material factrelating to the terms of a contract or agreement entered into with theelderly or disabled person or to the existing or preexisting condition ofany of the property involved in such contract or agreement, or the use oremployment of any misrepresentation, false pretense or false promise inorder to induce, encourage or solicit the elderly or disabled person toenter into a contract or agreement.Deception includes: (a)Creating or confirming another person's impression which is falseand which the offender does not believe to be true; or (b)Failure to correct a false impression which the offenderpreviously has created or confirmed; or (c)Preventing another person from acquiring information pertinent tothe disposition of the property involved; or (d)Selling or otherwise transferring or encumbering property,failing to disclose a lien, adverse claim or other legal impediment to theenjoyment of the property, whether such impediment is or is not valid, oris or is not a matter of official record; or (e)Promising performance which the offender does not intend toperform or knows will not be performed.Failure to perform standing aloneis not sufficient evidence to prove that the offender did not intend toperform; (2)"Disabled person", a person with a mental, physical, ordevelopmental disability that substantially impairs the person's ability toprovide adequately for the person's care or protection; (3)"Elderly person", a person sixty years of age or older; (4)"Intimidation", a threat of physical or emotional harm to anelderly or disabled person, or the communication to an elderly or disabledperson that he or she will be deprived of food and nutrition, shelter,prescribed medication, or medical care and treatment. 3.Nothing in this section shall be construed to limit the remediesavailable to the victim pursuant to any state law relating to domesticviolence. 4.Nothing in this section shall be construed to impose criminalliability on a person who has made a good faith effort to assist theelderly or disabled person in the management of his or her property, butthrough no fault of his or her own has been unable to provide suchassistance. 5.Nothing in this section shall limit the ability to engage in bonafide estate planning, to transfer property and to otherwise seek to reduceestate and inheritance taxes; provided that such actions do not adverselyimpact the standard of living to which the elderly or disabled person hasbecome accustomed at the time of such actions. 6.It shall not be a defense to financial exploitation of an elderlyor disabled person that the accused reasonably believed that the victim wasnot an elderly or disabled person.(L. 2000 H.B. 1386 & 1086, A.L. 2003 S.B. 556 & 311, A.L. 2005H.B. 353)
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  • Financial exploitation of the elderly and disabled,penalty--definitions.

    570.145. 1. A person commits the crime of financial exploitation ofan elderly or disabled person if such person knowingly and by deception,intimidation, or force obtains control over the elderly or disabledperson's property with the intent to permanently deprive the elderly ordisabled person of the use, benefit or possession of his or her propertythereby benefiting such person or detrimentally affecting the elderly ordisabled person. Financial exploitation of an elderly or disabled personis a class A misdemeanor if the value of the property is less than fiftydollars, a class D felony if the value of the property is fifty dollars butless than five hundred dollars, a class C felony if the value of theproperty is five hundred dollars but less than one thousand dollars, aclass B felony if the value of the property is one thousand dollars butless than fifty thousand dollars, and a class A felony if the value of theproperty is fifty thousand dollars or more.

    2. For purposes of this section, the following terms mean:

    (1) "Deception", a misrepresentation or concealment of material factrelating to the terms of a contract or agreement entered into with theelderly or disabled person or to the existing or preexisting condition ofany of the property involved in such contract or agreement, or the use oremployment of any misrepresentation, false pretense or false promise inorder to induce, encourage or solicit the elderly or disabled person toenter into a contract or agreement. Deception includes:

    (a) Creating or confirming another person's impression which is falseand which the offender does not believe to be true; or

    (b) Failure to correct a false impression which the offenderpreviously has created or confirmed; or

    (c) Preventing another person from acquiring information pertinent tothe disposition of the property involved; or

    (d) Selling or otherwise transferring or encumbering property,failing to disclose a lien, adverse claim or other legal impediment to theenjoyment of the property, whether such impediment is or is not valid, oris or is not a matter of official record; or

    (e) Promising performance which the offender does not intend toperform or knows will not be performed. Failure to perform standing aloneis not sufficient evidence to prove that the offender did not intend toperform;

    (2) "Disabled person", a person with a mental, physical, ordevelopmental disability that substantially impairs the person's ability toprovide adequately for the person's care or protection;

    (3) "Elderly person", a person sixty years of age or older;

    (4) "Intimidation", a threat of physical or emotional harm to anelderly or disabled person, or the communication to an elderly or disabledperson that he or she will be deprived of food and nutrition, shelter,prescribed medication, or medical care and treatment.

    3. Nothing in this section shall be construed to limit the remediesavailable to the victim pursuant to any state law relating to domesticviolence.

    4. Nothing in this section shall be construed to impose criminalliability on a person who has made a good faith effort to assist theelderly or disabled person in the management of his or her property, butthrough no fault of his or her own has been unable to provide suchassistance.

    5. Nothing in this section shall limit the ability to engage in bonafide estate planning, to transfer property and to otherwise seek to reduceestate and inheritance taxes; provided that such actions do not adverselyimpact the standard of living to which the elderly or disabled person hasbecome accustomed at the time of such actions.

    6. It shall not be a defense to financial exploitation of an elderlyor disabled person that the accused reasonably believed that the victim wasnot an elderly or disabled person.

    (L. 2000 H.B. 1386 & 1086, A.L. 2003 S.B. 556 & 311, A.L. 2005 H.B. 353)

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