James K. Minick

James K. Minick

In NC, the law looks harshly on the various crimes associated with exploiting a disabled or elder adult. As such, these crimes are felony offenses. These strict punishments stem from a public interest in protecting individuals who are unable or incapable of protecting themselves from other individuals who may prey on them.

The exploitation of a disabled or elder adult is broken down into two separate offenses: exploitation of a disabled or elder adult through a position of trust or business relationship and exploitation of a disabled or elder adult lacking capacity.

The following crimes are outlined by the required elements of each offense and the punishments associated with the crimes. In order to obtain a conviction, the State must prove each element beyond a reasonable doubt.

Exploitation of a Disabled or Elder Adult Through a Position of Trust or Business Relationship

Elements

A person is guilty if they:

  1. Stand in a position of trust and confidence or have a business relationship with an elder or disable adult and
  2. Knowingly
  3. By deception or intimidation
  4. Obtain or use or endeavor to obtain or use an elder or disabled adult’s funds, assets, or property
  5. With the intent to
    1. Deprive temporarily or permanently the elder or disabled adult’s use, benefit, or possession of the funds, assets, or property or
    2. Benefit someone other than the elder or disabled adult

Punishment

If a person is guilty of exploitation of a disabled or elder adult through a position of trust or business relationship, they are guilty of:

Exploitation of a Disabled or Elder Adult Lacking Capacity

Elements

A person is guilty if they:

  1. Know or reasonably should know that
  2. An elder or disabled adult lacks the capacity to consent and
  3. Obtains or uses, endeavors to obtain or use, or conspires with another to obtain or use an elder or disabled adult’s funds, assets, or property
  4. With the intent to
    1. Deprive temporarily or permanently the elder or disabled adult of the use, benefit, or possession of the funds, assets, or property or
    2. Benefit someone other than the elder or disabled adult

Punishment

If a person is guilty of exploitation of a disabled or elder adult lacking capacity, they are guilty of:

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