HP0346, LD 527, item 1, An Act To Protect Elders and Vulnerable Adults from Exploitation

An Act To Protect Elders and Vulnerable Adults from Exploitation

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 17-A MRSA §109, sub-§3, ¶¶B and C, as enacted by PL 1981, c. 324, §27, are amended to read:

B. It is given by a person who, by reason of intoxication, mental illness or defect, dementia or other cognitive impairment or youth, is manifestly unable, or known by the defendant to be unable, to make a reasonable judgment as to the nature or harmfulness of the conduct charged to constitute the crime; or

C. It is induced by force, duress or , deception or undue influence.

Sec. 2. 17-A MRSA §109, sub-§4 is enacted to read:

4. As used in this section, "undue influence" means the misuse of real or apparent authority or the use of manipulation by a person in a trusting, confidential or fiduciary relationship with a person who has significant limitations in physical or emotional functioning, who is wholly or partially dependent upon that person or others for care or support, either emotional or physical, and who:

A. Is 60 years of age or older;

B. Is an incapacitated adult as defined in Title 22, section 3472, subsection 10; or

C. Is a dependent adult as defined in Title 22, section 3472, subsection 6.

Sec. 3. 17-A MRSA §903, sub-§3, as enacted by PL 1975, c. 499, §1, is amended to read:

3. Misuse Except as provided in subsection 4, misuse of entrusted property is a Class D crime.

Sec. 4. 17-A MRSA §903, sub-§4 is enacted to read:

4. If a person violates subsection 1 and the owner or person for whose benefit the property was entrusted is 60 years of age or older, an incapacitated adult as defined in Title 22, section 3472, subsection 10 or a dependent adult as defined in Title 22, section 3472, subsection 6 and:

A. The value of the property is more than $1,000 but not more than $10,000, the violation of subsection 1 is a Class C crime; or

B. The value of the property is more than $10,000, the violation of subsection 1 is a Class B crime.

summary

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.

HP0346 LD 527	Session - 126th Maine Legislature		LR 1428 Item 1
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