(1) It is unlawful for any person to: Solicit money or property from another person the person knows or should have reason to know is an incompetent person or is a person with diminished mental capacity; and
(2) Cause that incompetent person or person with diminished mental capacity to voluntarily surrender money or property in order to profit or secure gain by taking unfair advantage of the person's incompetency or diminished mental capacity.
(3) Any person violating this section is guilty of a Class D felony.