Bill > S315

Introduced Session

This bill creates the offense of Financial Exploitation of the Elderly. Under the bill, a person obtains property by financial exploitation of the elderly when, being a person in a position of trust, he compels or induces an elderly person to deliver such property to him or to a third person by means of fraud, false promise, extortion or intimidation. "Elderly person" is defined as any person who is 60 years of age or older and is suffering from a disease or infirmity associated with advanced age or who suffers from a mental disease, defect or condition which renders the person incapable of deciding whether to give or withhold consent to taking, obtaining or withholding of his or her property. A "person in a position of trust" means a person who: (a) is the parent, spouse, adult child or other relative by blood or affinity of an elderly person; or (b) is a joint tenant or tenant in common with an elderly person; or (c) has a fiduciary obligation to an elderly person; or (d) receives monetary or other valuable consideration for providing care for the elderly person ; or (e) lives with or provides some component of home care services on a continuing basis to the elderly person including, but not limited to, a neighbor or friend who does not provide such services but has access to the elderly person based on such relationship. The offense is graded as a crime of the third degree punishable by up to five years imprisonment, a fine of up to $15,000, or both when the amount involved is at least $200.00 but does not exceed $500.00. Ordinarily thefts of this amount are graded as crimes of the fourth degree. The bill also upgrades theft when the amount is less than $200.00 to a crime of the fourth degree from a disorderly persons offense. Theft from an elderly person when the amount involved exceeds $500.00 but is less than $75,000.00 continues to be a crime of the third degree.

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Anthony Bucco (R)*,  Christopher Connors (R)*, 

Introduced in the Senate, Referred to Senate Judiciary Committee (on 01/09/2018)