Montana § 30-14-144 - Additional Penalty For Unfair Or Deceptive Act Committed Against Vulnerable Adult

§ 30-14-144. Additional Penalty For Unfair Or Deceptive Act Committed Against Vulnerable Adult

Additional penalty for unfair or deceptive act committed against vulnerable adult. (1) In addition to any civil penalty imposed pursuant to 30-14-142 , a person who engages in a practice unlawful under 30-14-103 and whose conduct is perpetrated against a vulnerable adult is liable for an additional civil penalty not to exceed $10,000 for each violation if the court finds that: (a) the person knew or should have known that the person's conduct was directed toward one or more vulnerable adults; or (b) the person's conduct caused a vulnerable adult to suffer one of the following: (i) loss or encumbrance of a primary residence; (ii) loss of principal employment or other source of income; (iii) substantial loss of property set aside for retirement or for personal or family care and maintenance; (iv) substantial loss of payments received under a pension or retirement plan or a government benefits program; or (v) loss of assets essential to the health or welfare of the vulnerable adult. (2) Damages awarded in an action under 30-14-133 must be given priority over imposition of civil penalties ordered by the court under this section. (3) As used in this section, "vulnerable adult" has the meaning provided in 52-3-803 .