N.D. Cent. Code § 12.1-31-07.1

Current through 2024 Legislative Session

Section 12.1-31-07.1 - Exploitation of an eligible adult - Penalty

1. A person is guilty of exploitation of an eligible adult if:

a. The person stands in a position of trust and confidence or has a business relationship with the eligible adult and knowingly, by deception, intimidation, or undue influence, obtains or uses, or attempts to obtain or use, the eligible adult's funds, assets, or property with the intent to temporarily or permanently deprive the eligible adult of the use, benefit, or possession of the property, for the benefit of someone other than the eligible adult; or

b. The person knows the eligible adult lacks the capacity to consent, and obtains or uses, or attempts to obtain or use, or assists another in obtaining or using or attempting to obtain or use, the eligible adult's funds, assets, or property with the intent to temporarily or permanently deprive the eligible adult of the use, benefit, or possession of the property for the benefit of someone other than the eligible adult.

2. Exploitation of an eligible adult is:

a. A class A felony if the value of the exploited funds, assets, or property exceeds fifty thousand dollars.

b. A class B felony if the value of the exploited funds, assets, or property exceeds ten thousand dollars but does not exceed fifty thousand dollars.

c. A class C felony if the value of the exploited funds, assets, or property is in excess of one thousand dollars but does not exceed ten thousand dollars.

d. A class A misdemeanor if the value of the exploited funds, assets, or property does not exceed one thousand dollars.

3. It is not a defense to a prosecution of a violation of this section that the accused did not know the age of the victim.

4. This section does not impose criminal liability on a person who has:

a. Managed the eligible adult's funds, assets, or property in a manner that clearly gives primacy to the needs and welfare of that person or is consistent with any explicit written authorization; or

b. Made a good-faith effort to assist in the management of the eligible adult's funds, assets, or property.

N.D.C.C. § 12.1-31-07.1

Amended by S.L. 2017, ch. 74 (SB 2335),§ 3, eff. 8/1/2017.

Amended by S.L. 2013, ch. 110 (SB 2345),§ 1, eff. 8/1/2013.