An Act To Protect Elders and Vulnerable Adults from Exploitation
Sec. 1. 17-A MRSA §109, sub-§3, ¶¶B and C, as enacted by PL 1981, c. 324, §27, are amended to read:
Sec. 2. 17-A MRSA §109, sub-§4 is enacted to read:
Sec. 3. 17-A MRSA §903, sub-§3, as enacted by PL 1975, c. 499, §1, is amended to read:
Sec. 4. 17-A MRSA §903, sub-§4 is enacted to read:
This bill provides that dementia and other cognitive impairments are included in the concept of being manifestly unable to make a reasonable judgement regarding conduct that constitutes a crime when considering consent as a defense. It further provides that consent cannot be induced by "undue influence," which is defined to mean misuse or manipulation of a trusting relationship of a dependent person who has significant limitations and who is 60 years of age or older, an incapacitated adult or a dependent adult. Finally, the bill increases the crime of the misuse of entrusted property to a felony when the victim is 60 years of age or older, incapacitated or dependent and the value of the property is greater than $1,000 to be consistent with the crime of theft.