(a)  A person is guilty of exploitation of an elder person if that person:

(1)  Knowingly, by deception or intimidation, obtains or uses, or endeavors to obtain or use, an elder person’s funds, assets or property with the intent to temporarily or permanently deprive the elder person of the use, benefit, or possession of the funds, assets or property, or to benefit someone other than the elder person by a person who:

(i)  Stands in a position of trust and confidence with the elder person; or

(ii)  Has a business relationship with the elder person; or

(2)  Knowingly, by deception or intimidation, obtains or uses, endeavors to obtain or use, or conspires with another to obtain or use an elder person’s funds, assets, or property with the intent to temporarily or permanently deprive the elder person of the use, benefit, or possession of the funds, assets, or property, or to benefit someone other than the elder person, by a person who knows or reasonably should know that the elder person lacks the capacity to consent.

Terms Used In Rhode Island General Laws 11-68-2

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Business relationship: means a relationship between two (2) or more individuals or entities where there exists an oral or written contract or agreement for goods or services. See Rhode Island General Laws 11-68-1
  • Deception: means misrepresenting or concealing a material fact relating to:

    (i)  Services rendered, disposition of property, or use of property, when such services or property are intended to benefit an elder person; or

    (ii)  Terms of a contract or agreement entered into with an elder person; or

    (iii)  An existing or preexisting condition of any property involved in a contract or agreement entered into with an elder person; or

    (iv)  Using any misrepresentation, false pretense, or false promise in order to induce, encourage, or solicit an elder person to enter into a contract or agreement. See Rhode Island General Laws 11-68-1

  • Elder person: means a person sixty (60) years of age or older. See Rhode Island General Laws 11-68-1
  • Intimidation: means the communication by word or act to an elder person that the elder person will be deprived of food, nutrition, clothing, shelter, supervision, medicine, medical services, money, or financial support or will suffer physical violence. See Rhode Island General Laws 11-68-1
  • person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6

(b)  Any person who shall exploit an elder person as defined in this chapter shall be guilty of a felony.

History of Section.
P.L. 2008, ch. 161, § 2; P.L. 2008, ch. 204, § 2.