Ind. Code § 35-46-1-12
Exploitation of a dependent or an endangered adult
Redline — January 1, 2018 → current.View current text →
Current — January 1, 2023
As of January 1, 2018
Sec. 12. (a) Except as provided in subsection (b), a person who recklessly, knowingly, or intentionally exerts unauthorized use of the personal services or the property of:
Sec. 12. (a) The following definitions apply throughout this section:
(1) "Person in a position of trust" means a person who has or had:
(A) the care of:
(i) an endangered adult; or
(ii) a dependent;
whether assumed voluntarily or because of a legal obligation; or
(B) a professional relationship with:
(i) an endangered adult; or
(ii) a dependent;
that may permit the person to exert undue influence over the endangered adult or dependent.
(2) "Self-dealing" means a person using the property of another person to gain a benefit that is grossly disproportionate to the goods or services provided to the other person. The term does not include an incidental benefit.
(b) A person who recklessly uses or exerts control over the personal services or the property of:
(1) an endangered adult; or
(1) an endangered adult; or
(2) a dependent eighteen (18) years of age or older;
(2) a dependent;
for the person's own profit or advantage or for the profit or advantage of another person commits exploitation of a dependent or an endangered adult, a Class A misdemeanor.
for the person's own profit or advantage or for the profit or advantage of another person, but not for the profit or advantage of a person described in subdivision (1) or (2), commits exploitation of a dependent or an endangered adult, a Class A misdemeanor. However, the offense is a Level 6 felony if the person has a prior unrelated conviction under this section.
(b) The offense described in subsection (a) is a Level 6 felony if:
(1) the fair market value of the personal services or property is more than ten thousand dollars ($10,000); or
(2) the endangered adult or dependent is at least sixty (60) years of age.
(c) Except as provided in subsection (d), a person who recklessly, knowingly, or intentionally deprives an endangered adult or a dependent of the proceeds of the endangered adult's or the dependent's benefits under the Social Security Act or other retirement program that the division of family resources has budgeted for the endangered adult's or dependent's health care commits financial exploitation of an endangered adult or a dependent, a Class A misdemeanor.
(d) The offense described in subsection (c) is a Level 6 felony if:
(1) the amount of the proceeds is more than ten thousand dollars ($10,000); or
(2) the endangered adult or dependent is at least sixty (60) years of age.
(e) It is not a defense to an offense committed under subsection (b)(2) or (d)(2) that the accused person reasonably believed that the endangered adult or dependent was less than sixty (60) years of age at the time of the offense.
(c) A person in a position of trust who recklessly engages in self-dealing with the property of:
(1) an endangered adult; or
(2) a dependent;
commits exploitation of a dependent or an endangered adult, a Class A misdemeanor. However, the offense is a Level 6 felony if the person has a prior unrelated conviction under this section.
(d) It is a defense to an offense committed under this section if the accused person:
(1) has been granted a durable power of attorney or has been appointed a legal guardian to manage the affairs of an endangered adult or a dependent; and
(1) has been granted a durable power of attorney or has been appointed a legal guardian to manage the affairs of an endangered adult or a dependent; and
(2) was acting within the scope of the accused person's fiduciary responsibility.
(2) was acting within the scope of the accused person's fiduciary responsibility.
Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.