Establishes the crimes of exploitation of an elderly person, vulnerable elderly person or incompetent or physically disabled person in the first, second, and third degree.
STATE OF NEW YORK
________________________________________________________________________
5056
2011-2012 Regular Sessions
IN SENATE
May 3, 2011
___________
Introduced by Sen. GALLIVAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to preventing financial
exploitation of the elderly
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 260.31 of the penal law, as added by chapter 381
2 of the laws of 1998, subdivision 1 as amended, subdivision 4 as added
3 and such section as renumbered by chapter 14 of the laws of 2010 and
4 subdivision 2 as amended by chapter 193 of the laws of 2010, is amended
5 to read as follows:
6 § 260.31 Vulnerable elderly persons; definitions.
7 For the purpose of sections 260.32 [and], 260.34, 260.35, 260.36 and
8 260.37 of this article, the following definitions shall apply:
9 1. "Caregiver" means a person who (i) assumes responsibility for the
10 care of a vulnerable elderly person, or an incompetent or physically
11 disabled person pursuant to a court order; or (ii) receives monetary or
12 other valuable consideration for providing care for a vulnerable elderly
13 person, or an incompetent or physically disabled person. "Caregiver"
14 may also include, but is not limited to, relatives, voluntary guardians,
15 adult household members, neighbors, or health care providers.
16 2. "Sexual contact" means any touching of the sexual or other intimate
17 parts of a person for the purpose of gratifying sexual desire of either
18 party. It includes the touching of the actor by the victim, as well as
19 the touching of the victim by the actor, whether directly or through
20 clothing, as well as the emission of ejaculate by the actor upon any
21 part of the victim, clothed or unclothed.
22 3. "Vulnerable elderly person" means a person sixty years of age or
23 older who is suffering from a disease or infirmity associated with
24 advanced age and manifested by demonstrable physical, mental or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11138-02-1
S. 5056 2
1 emotional dysfunction to the extent that the person is incapable of
2 adequately providing for his or her own health or personal care.
3 4. "Incompetent or physically disabled person" means an individual who
4 is unable to care for himself or herself because of physical disability,
5 mental disease or defect.
6 5. "Deception" means misrepresenting or concealing a material fact in
7 relation to:
8 a. Services rendered, disposition of property, or use of property,
9 when such services or property are intended to benefit an elderly
10 person, vulnerable elderly person or incompetent or physically disabled
11 person; or
12 b. Terms of a contract or agreement entered into with an elderly
13 person, vulnerable elderly person or incompetent or physically disabled
14 person; or
15 c. An existing or preexisting condition of any property involved in a
16 contract or agreement entered into with an elderly person, vulnerable
17 elderly person or incompetent or physically disabled person.
18 6. "Elderly person" means a person sixty years of age or older.
19 § 2. The penal law is amended by adding three new sections 260.35,
20 260.36 and 260.37 to read as follows:
21 § 260.35 Exploitation of an elderly person, vulnerable elderly person or
22 incompetent or physically disabled person in the first
23 degree.
24 A person is guilty of exploitation of an elderly person, vulnerable
25 elderly person or incompetent or physically disabled person in the first
26 degree when he or she, through a business relationship or their caregiv-
27 er status, knowingly, by deception or intimidation, obtains, uses or
28 endeavors to obtain or use, an elderly person's, a vulnerable elderly
29 person's or incompetent or physically disabled person's funds, assets,
30 or property with the intent to temporarily or permanently deprive the
31 elderly person, vulnerable elderly person or incompetent or physically
32 disabled person of the use, benefit, or possession of the funds, assets,
33 or property, or to benefit someone other than the elderly person or
34 incompetent or physically disabled person, when such funds, assets or
35 property are valued at one hundred thousand dollars or more.
36 Exploitation of an elderly person, vulnerable elderly person or incom-
37 petent or physically disabled person in the first degree is a class B
38 felony.
39 § 260.36 Exploitation of an elderly person, vulnerable elderly person or
40 incompetent or physically disabled person in the second
41 degree.
42 A person is guilty of exploitation of an elderly person, vulnerable
43 elderly person or incompetent or physically disabled person in the
44 second degree when he or she, through a business relationship or their
45 caregiver status, knowingly, by deception or intimidation, obtains, uses
46 or endeavors to obtain or use, an elderly person's, vulnerable elderly
47 person's or incompetent or physically disabled person's funds, assets,
48 or property with the intent to temporarily or permanently deprive the
49 elderly person, vulnerable elderly person or incompetent or physically
50 disabled person of the use, benefit, or possession of the funds, assets,
51 or property, or to benefit someone other than the elderly person,
52 vulnerable elderly person or incompetent or physically disabled person,
53 when such funds, assets or property are valued at three thousand dollars
54 or more.
S. 5056 3
1 Exploitation of an elderly person, vulnerable elderly person or incom-
2 petent or physically disabled person in the second degree is a class C
3 felony.
4 § 260.37 Exploitation of an elderly person, vulnerable elderly person or
5 incompetent or physically disabled person in the third
6 degree.
7 A person is guilty of exploitation of an elderly person, vulnerable
8 elderly person or incompetent or physically disabled person in the third
9 degree when he or she, through a business relationship or their caregiv-
10 er status, knowingly, by deception or intimidation, obtains, uses or
11 endeavors to obtain or use, an elderly person's, vulnerable elderly
12 person's or incompetent or physically disabled person's funds, assets,
13 or property with the intent to temporarily or permanently deprive the
14 elderly person or incompetent or physically disabled person of the use,
15 benefit, or possession of the funds, assets, or property, or to benefit
16 someone other than the elderly person, vulnerable elderly person or
17 incompetent or physically disabled person.
18 Exploitation of an elderly person, vulnerable elderly person or incom-
19 petent or physically disabled person in the third degree is a class D
20 felony.
21 § 3. This act shall take effect on the first of November next succeed-
22 ing the date on which it shall have become a law.
