Current through the 2023 Regular Session
Section 30-14-144 - 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.Amended by Laws 2023, Ch. 12,Sec. 1, eff. 10/1/2023.Added by Laws 2013, Ch. 217, Sec. 1, eff. 10/1/2013.