Sec. 12. (a) The following definitions apply throughout this section: (1) "Person in a position of trust" means a person who has or had: (A) the care of: (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.
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