§ 14-112.2. Exploitation of an elder adult or disabled adult. - North Carolina Statutes

§ 14‑112.2. Exploitation of an elder adult or disabled adult.

(a)        The followingdefinitions apply in this section:

(1)        Disabled adult. – Aperson 18 years of age or older or a lawfully emancipated minor who is presentin the State of North Carolina and who is physically or mentally incapacitatedas defined in G.S. 108A‑101(d).

(2)        Elder adult. – Aperson 60 years of age or older who is not able to provide for the social,medical, psychiatric, psychological, financial, or legal services necessary tosafeguard the person's rights and resources and to maintain the person'sphysical and mental well‑being.

(b)        It is unlawful fora person: (i) who stands in a position of trust and confidence with an elderadult or disabled adult, or (ii) who has a business relationship with an elderadult or disabled adult to knowingly, by deception or intimidation, obtain oruse, or endeavor to obtain or use, an elder adult's or disabled adult's funds,assets, or property with the intent to temporarily or permanently deprive the elderadult or disabled adult of the use, benefit, or possession of the funds,assets, or property, or to benefit someone other than the elder adult ordisabled adult.

(c)        It is unlawful fora person, who knows or reasonably should know that an elder adult or disabledadult lacks the capacity to consent, to obtain or use, endeavor to obtain oruse, or conspire with another to obtain or use an elder adult's or disabledadult's funds, assets, or property with the intent to temporarily orpermanently deprive the elder adult or disabled adult of the use, benefit, orpossession of the funds, assets, or property, or benefit someone other than theelder adult or disabled adult. This subsection shall not apply to a personacting within the scope of that person's lawful authority as the agent for theelder adult or disabled adult.

(d)        A violation ofsubsection (b) of this section is punishable as follows:

(1)        If the funds,assets, or property involved in the exploitation of the elderly person ordisabled adult is valued at one hundred thousand dollars ($100,000) or more,then the offense is a Class F felony.

(2)        If the funds,assets, or property involved in the exploitation of the elderly person ordisabled adult is valued at twenty thousand dollars ($20,000) or more but lessthan one hundred thousand dollars ($100,000), then the offense is a Class Gfelony.

(3)        If the funds,assets, or property involved in the exploitation of the elderly person ordisabled adult is valued at less than twenty thousand dollars ($20,000), thenthe offense is a Class H felony.

(e)        A violation ofsubsection (c) of this section is punishable as follows:

(1)        If the funds,assets, or property involved in the exploitation of the elderly person ordisabled adult is valued at one hundred thousand dollars ($100,000) or more,then the offense is a Class G felony.

(2)        If the funds,assets, or property involved in the exploitation of the elderly person ordisabled adult is valued at twenty thousand dollars ($20,000) or more but lessthan one hundred thousand dollars ($100,000), then the offense is a Class Hfelony.

(3)        If the funds,assets, or property involved in the exploitation of the elderly person ordisabled adult is valued at less than twenty thousand dollars ($20,000), thenthe offense is a Class I felony. (2005‑272, s. 2; 2006‑264, s. 99.)