A. As used in this section, “exploitation of an elderly person or disabled adult” means: 1. Knowingly, by deception or intimidation, obtaining or using, or endeavoring to obtain or use, an elderly person’s or disabled adult’s funds, assets, or property with the intent to temporarily or permanently deprive the elderly person or disabled adult of the use, benefit, or possession of the funds, assets, or property, or to benefit someone other than the elderly person or disabled adult, by a person who: a. stands in a position of trust and confidence with the elderly person or disabled adult, or b. has a business relationship with the elderly person or disabled adult, or 2. Obtaining or using, endeavoring to obtain or use, or conspiring with another to obtain or use an elderly person’s or disabled adult’s funds, assets, or property with the intent to temporarily or permanently deprive the elderly person or disabled adult of the use, benefit, or possession of the funds, assets, or property, or to benefit someone other than the elderly person or disabled adult, by a person who knows or reasonably should know that the elderly person or disabled adult lacks the capacity to consent. B. 1. If the funds, assets, or property involved in the exploitation of the elderly person or disabled adult are valued at One Hundred Thousand Dollars ($100,000.00) or more, the violator commits a Class C1 felony offense punishable by imprisonment as provided for in subsections B through E of Section 20L of this title, and by a fine in an amount not exceeding Ten Thousand Dollars ($10,000.00). 2. If the funds, assets, or property involved in the exploitation of the elderly person or disabled adult are valued at less than One Hundred Thousand Dollars ($100,000.00), the violator commits a Class C2 felony offense punishable by imprisonment as provided for in subsections B through F of Section 20M of this title and by a fine in an amount not exceeding Ten Thousand Dollars ($10,000.00). C. For purposes of this section, “elderly person” means any person sixty-two (62) years of age or older.
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