§ 2582 — Determination of civil penalty

In determining whether to impose an enhanced civil penalty under this subchapter and the amount thereof, the court shall consider the extent to which 1 or more of the following factors are present:

(1) Whether the defendant’s conduct was in disregard of the rights of the elder person or person with a disability;

(2) Whether the defendant knew or should have known that the defendant’s conduct was directed to an elder person or person with a disability;

(3) Whether the elder person or person with a disability was more vulnerable to the defendant’s conduct because of age, poor health, infirmity, impaired understanding, restricted mobility or disability than other persons and whether the elder person or person with a disability actually suffered substantial physical, emotional or economic damage resulting from the defendant’s conduct;

(4) Whether the defendant’s conduct caused an elder person or person with a disability to suffer any of the following:

a. Mental or emotional anguish;

b. Loss of or encumbrance upon a primary residence of the elder person or person with a disability;

c. Loss of or encumbrance upon the principal employment or principal source of income of the elder person or person with a disability;

d. Loss of funds received under a pension or retirement plan or a government benefits program;

e. Loss of property set aside for retirement or for personal or family care and maintenance; or

f. Loss of assets essential to the health and welfare of the elder person or person with a disability.

(5) Any other factors the court deems appropriate.

Legislative History

69 Del. Laws, c. 151, § 1 ; 78 Del. Laws, c. 179, §§ 7-14