Indiana Code 35-46-1-12. Exploitation of a dependent or an endangered adult
(1) “Person in a position of trust” means a person who has or had:
Attorney's Note
Under the Indiana Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Level 6 felony | between 6 mos. and 2 1/2 years | up to $10,000 |
| Class A misdemeanor | up to 1 year | up to $5,000 |
Terms Used In Indiana Code 35-46-1-12
- Conviction: A judgement of guilt against a criminal defendant.
- Dependent: means :
Indiana Code 35-46-1-1
- Dependent: A person dependent for support upon another.
- Endangered adult: has the meaning set forth in IC 12-10-3-2. See Indiana Code 35-46-1-1
- Fiduciary: A trustee, executor, or administrator.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- Property: includes personal and real property. See Indiana Code 1-1-4-5
(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.
As added by Acts 1981, 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; P.L.158-2013, SEC.556; P.L.70-2020, SEC.3.