Bill > S1887

This bill establishes the crime of financial exploitation of the elderly by adding new definitions to existing law and amending the penalties for theft. Specifically, it defines "elderly" as anyone 60 years or older who has a condition associated with advanced age or a mental defect that makes them incapable of managing their property, and "person in a position of trust" as someone who is a relative, joint owner, has a fiduciary duty, is paid to care for the elderly person, or lives with and provides ongoing home care services to them. The bill then creates a new offense where a person in a position of trust who deceives, defrauds, or intimidates an elderly person into giving them property commits financial exploitation of the elderly. This new offense will elevate a fourth-degree theft to a third-degree crime, and a disorderly persons offense theft to a third-degree crime, meaning more severe penalties. The bill also includes a provision that a person acting in good faith to help an elderly person manage their property will not be held criminally liable if they are unable to assist through no fault of their own, and allows for an affirmative defense if the defendant did not know or could not have known the victim met the definition of "elderly."

Health and Social Services, Justice

https://www.njleg.state.nj.us/bill-search/2024/S1887