Section 35-46-1-12 - Exploitation of a dependent or an endangered adult(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.Amended by P.L. 70-2020,SEC. 3, eff. 7/1/2020.Amended by P.L. 158-2013, SEC. 556, eff. 7/1/2014.As added by Acts1981 , 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.