Montana Code 45-6-333. Exploitation of incapacitated person or vulnerable adult
45-6-333. Exploitation of incapacitated person or vulnerable adult. (1) A person commits the offense of exploitation of an incapacitated person or vulnerable adult if the person:
Terms Used In Montana Code 45-6-333
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Fraud: Intentional deception resulting in injury to another.
- Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Property: means real and personal property. See Montana Code 1-1-205
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(a)purposely or knowingly obtains or uses or attempts to obtain or use an incapacitated person’s or vulnerable adult’s funds, assets, or property with the intent to temporarily or permanently deprive the incapacitated person or vulnerable adult of the use, benefit, or possession of funds, assets, or property or to benefit someone other than the incapacitated person or vulnerable adult by means of deception, duress, menace, fraud, undue influence, or intimidation; and
(b)(i) stands in a position of trust or confidence with the incapacitated person or vulnerable adult; or
(ii)has a business relationship with the incapacitated person or vulnerable adult.
(2)A person commits the offense of exploitation of an incapacitated person or vulnerable adult if the person:
(a)purposely or knowingly obtains personal identifying information of the incapacitated person or vulnerable adult and uses that information for any unlawful purpose, including to obtain or attempt to obtain credit, goods, services, financial information, or medical information in the name of the incapacitated person or vulnerable adult without the consent of the incapacitated person or vulnerable adult; and
(b)(i) stands in a position of trust or confidence with the incapacitated person or vulnerable adult; or
(ii)has a business relationship with the incapacitated person or vulnerable adult.
(3)A person convicted of the offense of exploitation of an incapacitated person or vulnerable adult shall be fined an amount not to exceed $10,000 or be imprisoned in a state prison for a term not to exceed 10 years, or both.
(4)As used in this section, the following definitions apply:
(a)”Incapacitated person” has the meaning provided in 72-5-101.
(b)”Vulnerable adult” has the meaning provided in 52-3-803.