A. 3555 2
RENDERS SUCH PERSON INCAPABLE OF APPRAISING OR PREVENTING THE COMMISSION
OF THE OFFENSE.
2. "PERSON WITH A DISABILITY" MEANS A PERSON WHO HAS A PHYSICAL,
MENTAL OR MEDICAL IMPAIRMENT RESULTING FROM ANATOMICAL, PHYSIOLOGICAL,
OR NEUROLOGICAL CONDITIONS THAT PREVENT THE EXERCISE OF A NORMAL BODILY
FUNCTION OR THAT SUBSTANTIALLY IMPAIR COGNITIVE FUNCTION, AND INCLUDE
BUT ARE NOT LIMITED TO, IMPAIRMENTS REQUIRING THE USE OF AN ARTIFICIAL
DEVICE TO MOVE, WALK, SEE, HEAR, OR BREATHE, SUCH AS A WHEEL CHAIR,
BRACES, CRUTCHES, RESPIRATOR, OR OTHER SUPPORTIVE EQUIPMENT, OR USE OF A
GUIDE DOG OR OTHER GUIDING DEVICE.
3. "PERSON" INCLUDES ANY INDIVIDUAL, FIRM, PARTNERSHIP, ASSOCIATION,
PRIVATE OR PUBLIC CORPORATION, OR A GOVERNMENT OR GOVERNMENTAL INSTRU-
MENTALITY.
4. "INTIMIDATION" MEANS THE COMMUNICATION TO A VULNERABLE ELDERLY
PERSON OR A PERSON WITH A DISABILITY THAT HE OR SHE SHALL BE DEPRIVED OF
FOOD OR NUTRITION, SHELTER, PRESCRIBED MEDICATION OR MEDICAL CARE AND
TREATMENT; OR THE USE OF, OR THREATENED USE OF, UNLAWFUL PHYSICAL FORCE;
OR ANY THREAT INVOLVING EXTORTION AS DEFINED IN PARAGRAPH (E) OF SUBDI-
VISION TWO OF SECTION 155.05 OF THIS CHAPTER.
5. "DECEPTION" MEANS A FALSE REPRESENTATION OR CONCEALMENT OF A MATTER
OF FACT, WHETHER BY WORDS OR CONDUCT, BY FALSE OR MISLEADING STATEMENTS,
WHICH DECEIVES AND IS INTENDED TO DECEIVE, THE VULNERABLE ELDERLY PERSON
OR PERSON WITH A DISABILITY, SO THAT HE OR SHE SHALL ACT UPON IT TO HIS
OR HER ECONOMIC DETRIMENT.
6. "OBTAIN" INCLUDES, BUT IS NOT LIMITED TO, THE BRINGING ABOUT OF A
TRANSFER OR PURPORTED TRANSFER OF PROPERTY OR OF A LEGAL INTEREST
THERE-IN, WHETHER TO THE OBTAINER OR ANOTHER.
7. "CONTROL" MEANS THE POWER, RIGHT OR AUTHORITY TO MANAGE, DIRECT,
SUPERINTEND, RESTRICT, REGULATE, GOVERN, ADMINISTER, OR OVERSEE THE
WHOLE OR ANY PART OF THE PROPERTY OF A VULNERABLE ELDERLY PERSON OR A
PERSON WITH A DISABILITY.
8. "A PERSON STANDS IN A POSITION OF TRUST OR CONFIDENCE" WITH A
VULNERABLE ELDERLY PERSON OR A PERSON WITH A DISABILITY WHEN HE OR SHE:
(A) IS A PARENT, SPOUSE, ADULT CHILD OR OTHER RELATIVE BY BLOOD OR
MARRIAGE OF THE VULNERABLE ELDERLY PERSON OR THE PERSON WITH A DISABILI-
TY, OR
(B) IS A JOINT TENANT OR TENANT IN COMMON WITH THE VULNERABLE ELDERLY
PERSON OR THE PERSON WITH A DISABILITY, OR
(C) HAS A POWER OF ATTORNEY OR OTHER LEGAL OR FIDUCIARY RELATIONSHIP
WITH THE VULNERABLE ELDERLY PERSON OR THE PERSON WITH A DISABILITY, OR
(D) RECEIVES MONETARY OR OTHER VALUABLE CONSIDERATION FOR PROVIDING
CARE FOR THE VULNERABLE ELDERLY PERSON OR THE PERSON WITH A DISABILITY,
OR
(E) LIVES WITH OR PROVIDES SOME COMPONENT OF HOME CARE SERVICES ON A
CONTINUING BASIS TO THE VULNERABLE ELDERLY PERSON OR THE PERSON WITH A
DISABILITY AND INCLUDES A NEIGHBOR OR FRIEND WHO DOES NOT PROVIDE SUCH
SERVICES BUT HAS ACCESS TO THE VULNERABLE ELDERLY PERSON OR THE PERSON
WITH A DISABILITY BASED ON SUCH RELATIONSHIP.
9. "PROPERTY" MEANS ANY MONEY, PERSONAL PROPERTY, REAL PROPERTY, THING
IN ACTION, COMPUTER DATA, COMPUTER PROGRAM, EVIDENCE OF DEBT OR
CONTRACT, OR ANY ARTICLE, SUBSTANCE OR THING OF VALUE.
10. "VALUE OF PROPERTY" SHALL HAVE THE SAME MEANING AND SHALL BE
ASCERTAINED IN ACCORDANCE WITH SECTION 155.20 OF THIS CHAPTER.
S 262.05 FINANCIAL EXPLOITATION OF A VULNERABLE ELDERLY PERSON OR A
PERSON WITH A DISABILITY IN THE FOURTH DEGREE.
A. 3555 3
A PERSON IS GUILTY OF FINANCIAL EXPLOITATION OF A VULNERABLE ELDERLY
PERSON OR PERSON WITH A DISABILITY IN THE FOURTH DEGREE WHEN HE OR SHE
STANDS IN A POSITION OF TRUST OR CONFIDENCE WITH THE VULNERABLE ELDERLY
PERSON OR THE PERSON WITH A DISABILITY AND HE OR SHE KNOWINGLY AND BY
DECEPTION OR INTIMIDATION OBTAINS CONTROL OVER THE PROPERTY OF THE
VULNERABLE ELDERLY PERSON OR THE PERSON WITH A DISABILITY, WITH INTENT
TO WRONGFULLY DEPRIVE THAT PERSON OF THE TITLE TO, USE, BENEFIT, OR
POSSESSION OF SUCH PROPERTY.
FINANCIAL EXPLOITATION OF A VULNERABLE ELDERLY PERSON OR A PERSON WITH
A DISABILITY IN THE FOURTH DEGREE IS A CLASS A MISDEMEANOR.
S 262.10 FINANCIAL EXPLOITATION OF A VULNERABLE ELDERLY PERSON OR A
PERSON WITH A DISABILITY IN THE THIRD DEGREE.
A PERSON IS GUILTY OF FINANCIAL EXPLOITATION OF A VULNERABLE ELDERLY
PERSON OR A PERSON WITH A DISABILITY IN THE THIRD DEGREE WHEN HE OR SHE
STANDS IN A POSITION OF TRUST OR CONFIDENCE WITH THE VULNERABLE ELDERLY
PERSON OR THE PERSON WITH A DISABILITY AND HE OR SHE KNOWINGLY AND BY
DECEPTION OR INTIMIDATION OBTAINS CONTROL OVER THE PROPERTY OF THE
VULNERABLE ELDERLY PERSON OR THE PERSON WITH A DISABILITY, WITH INTENT
TO WRONGFULLY DEPRIVE THAT PERSON OF THE TITLE TO, USE, BENEFIT, OR
POSSESSION OF SUCH PROPERTY, AND THE VALUE OF THE PROPERTY EXCEEDS ONE
THOUSAND DOLLARS.
FINANCIAL EXPLOITATION OF A VULNERABLE ELDERLY PERSON OR A PERSON WITH
A DISABILITY IN THE THIRD DEGREE IS A CLASS E FELONY.
S 262.15 FINANCIAL EXPLOITATION OF A VULNERABLE ELDERLY PERSON OR A
PERSON WITH A DISABILITY IN THE SECOND DEGREE.
A PERSON IS GUILTY OF FINANCIAL EXPLOITATION OF A VULNERABLE ELDERLY
PERSON OR A PERSON WITH A DISABILITY IN THE SECOND DEGREE WHEN HE OR SHE
STANDS IN A POSITION OF TRUST OR CONFIDENCE WITH THE VULNERABLE ELDERLY
PERSON OR THE PERSON WITH A DISABILITY AND HE OR SHE KNOWINGLY AND BY
DECEPTION OR INTIMIDATION OBTAINS CONTROL OVER THE PROPERTY OF THE
VULNERABLE ELDERLY PERSON OR THE PERSON WITH A DISABILITY, WITH INTENT
TO WRONGFULLY DEPRIVE THAT PERSON OF THE TITLE TO, USE, BENEFIT, OR
POSSESSION OF SUCH PROPERTY, AND THE VALUE OF THE PROPERTY EXCEEDS THREE
THOUSAND DOLLARS.
FINANCIAL EXPLOITATION OF A VULNERABLE ELDERLY PERSON OR A PERSON WITH
A DISABILITY IN THE SECOND DEGREE IS A CLASS D FELONY.
S 262.20 FINANCIAL EXPLOITATION OF A VULNERABLE ELDERLY PERSON OR A
PERSON WITH A DISABILITY IN THE FIRST DEGREE.
A PERSON IS GUILTY OF FINANCIAL EXPLOITATION OF A VULNERABLE ELDERLY
PERSON OR A PERSON WITH A DISABILITY IN THE FIRST DEGREE WHEN HE OR SHE
STANDS IN A POSITION OF TRUST OR CONFIDENCE WITH THE VULNERABLE ELDERLY
PERSON OR THE PERSON WITH A DISABILITY AND HE OR SHE KNOWINGLY AND BY
DECEPTION OR INTIMIDATION OBTAINS CONTROL OVER THE PROPERTY OF THE
VULNERABLE ELDERLY PERSON OR THE PERSON WITH A DISABILITY, WITH INTENT
TO WRONGFULLY DEPRIVE THAT PERSON OF THE TITLE TO, USE, BENEFIT, OR
POSSESSION OF SUCH PROPERTY, AND THE VALUE OF THE PROPERTY EXCEEDS FIFTY
THOUSAND DOLLARS.
FINANCIAL EXPLOITATION OF A VULNERABLE ELDERLY PERSON OR A PERSON WITH
A DISABILITY IN THE FIRST DEGREE IS A CLASS C FELONY.
S 262.30 FINANCIAL EXPLOITATION; NO DEFENSE.
IT SHALL BE NO DEFENSE TO ANY PROSECUTION FOR FINANCIAL EXPLOITATION
THAT THE DEFENDANT DID NOT KNOW THE FACTS AND CONDITIONS RESPONSIBLE FOR
MAKING THE VICTIM A VULNERABLE ELDERLY PERSON OR A PERSON WITH A DISA-
BILITY.
S 262.35 FINANCIAL EXPLOITATION; DEFENSE.
A. 3555 4
NO PROVISION OF THIS ARTICLE SHALL BE DEEMED TO IMPOSE CRIMINAL
LIABILITY UPON ANY PERSON WHO IN GOOD FAITH SEEKS TO ASSIST THE VULNER-
ABLE ELDERLY PERSON OR PERSON WITH A DISABILITY IN THE MANAGEMENT OF HIS
OR HER PROPERTY, BUT THROUGH NO FAULT OF SUCH PERSON IS UNABLE TO ASSIST
THE VULNERABLE ELDERLY PERSON OR THE PERSON WITH A DISABILITY.
S 2. The general obligations law is amended by adding a new section
11-108 to read as follows:
S 11-108. CIVIL LIABILITY FOR FINANCIAL EXPLOITATION OF A VULNERABLE
ELDERLY PERSON OR A PERSON WITH A DISABILITY. 1. A PERSON CHARGED BY AN
"ACCUSATORY INSTRUMENT", AS DEFINED IN SUBDIVISION ONE OF SECTION 1.20
OF THE CRIMINAL PROCEDURE LAW, WITH THE OFFENSE OF FINANCIAL EXPLOITA-
TION OF A VULNERABLE ELDERLY PERSON OR A PERSON WITH A DISABILITY AS SET
OUT IN ARTICLE TWO HUNDRED SIXTY-TWO OF THE PENAL LAW, AND WHO FAILS OR
REFUSES TO RETURN THE VICTIM'S PROPERTY WITHIN SIXTY DAYS FOLLOWING
RECEIPT OF A WRITTEN DEMAND FROM THE VICTIM OR THE VICTIM'S LEGAL REPRE-
SENTATIVE SHALL, UPON A FINDING THAT SUCH PERSON UNLAWFULLY OBTAINED THE
VICTIM'S PROPERTY, BE LIABLE TO THE VICTIM OR TO THE ESTATE OF THE
VICTIM IN DAMAGES OF TREBLE THE AMOUNT OF THE VALUE OF THE PROPERTY
WRONGFULLY OBTAINED, PLUS REASONABLE ATTORNEY FEES AND COURT COSTS.
2. THE BURDEN OF PROOF THAT THE DEFENDANT UNLAWFULLY OBTAINED THE
VICTIM'S PROPERTY SHALL BE BY A PREPONDERANCE OF THE EVIDENCE.
3. THIS SECTION SHALL BE OPERATIVE WHETHER OR NOT THE DEFENDANT HAS
BEEN CONVICTED OF THE OFFENSE.
4. THIS SECTION SHALL BE OPERATIVE IN ADDITION TO ANY OTHER RIGHT OF
ACTION OR RECOVERY OTHERWISE AVAILABLE UNDER LAW TO THE VICTIM OR THE
VICTIM'S ESTATE.
S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.