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:
- Stand in a position of trust and confidence or have a business relationship with an elder or disable adult and
- Knowingly
- By deception or intimidation
- Obtain or use or endeavor to obtain or use an elder or disabled adult’s funds, assets, or property
- With the intent to
- Deprive temporarily or permanently the elder or disabled adult’s use, benefit, or possession of the funds, assets, or property or
- 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:
- Class F felony under N.C. Gen. Stat. § 14-112.2(d)(1) if property is worth $100,000 or more
- Class G felony under N.C. Gen. Stat. § 14-112.2(d)(2) if property is worth $20,000 or more but less than $100,000
- Class H felony under N.C. Gen. Stat. § 14-112.2(d)(3) if property is worth less than $20,000.
Exploitation of a Disabled or Elder Adult Lacking Capacity
Elements
A person is guilty if they:
- Know or reasonably should know that
- An elder or disabled adult lacks the capacity to consent and
- 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
- With the intent to
- Deprive temporarily or permanently the elder or disabled adult of the use, benefit, or possession of the funds, assets, or property or
- 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:
- Class G felony under N.C. Gen. Stat. § 14-112.2(e)(1) if property is worth $100,000 or more
- Class H felony under N.C. Gen. Stat. § 14-112.2(e)(2) if property is worth $20,000 or more but less than $100,000
- Class I felony under N.C. Gen. Stat. § 14-112.2(e)(3) if property is worth less than $20,000
