Indiana § 35-46-1-12 - Exploitation of a dependent or an endangered adult

§ 35-46-1-12. Exploitation of a dependent or an endangered adult

Sec. 12. (a) The following definitions apply throughout this section:

(1) "Person in a position of trust" means a person who has or had:

(A) the care of:

(i) an endangered adult; or

(ii) a dependent;

whether assumed voluntarily or because of a legal obligation; or

(B) a professional relationship with:

(i) an endangered adult; or

(ii) a dependent;

that may permit the person to exert undue influence over the endangered adult or dependent.

(2) "Self-dealing" means a person using the property of another person to gain a benefit that is grossly disproportionate to the goods or services provided to the other person. The term does not include an incidental benefit.

(b) A person who recklessly uses or exerts control over the personal services or the property of:

(1) an endangered adult; or

(2) a dependent;

for the person's own profit or advantage or for the profit or advantage of another person, but not for the profit or advantage of a person described in subdivision (1) or (2), commits exploitation of a dependent or an endangered adult, a Class A misdemeanor. However, the offense is a Level 6 felony if the person has a prior unrelated conviction under this section.

(c) A person in a position of trust who recklessly engages in self-dealing with the property of:

(1) an endangered adult; or

(2) a dependent;

commits exploitation of a dependent or an endangered adult, a Class A misdemeanor. However, the offense is a Level 6 felony if the person has a prior unrelated conviction under this section.

(d) It is a defense to an offense committed under this section if the accused person:

(1) has been granted a durable power of attorney or has been appointed a legal guardian to manage the affairs of an endangered adult or a dependent; and

(2) was acting within the scope of the accused person's fiduciary responsibility.

As added by Acts 1981, P.L.299, SEC.3. Amended by P.L.185-1984, SEC.3; P.L.37-1990, SEC.26; P.L.2-1992, SEC.883; P.L.4-1993, SEC.327; P.L.5-1993, SEC.334; P.L.145-2001, SEC.1; P.L.145-2006, SEC.372; P.L.146-2008, SEC.684; P.L.158-2013, SEC.556; P.L.70-2020, SEC.3.