§ 35-46-1-12 — Exploitation of a dependent or an endangered adult

(a) The following definitions apply
throughout this section:
(1) "Person in a position of trust" means a person who has or had:
(A) the care of:
(i) an endangered adult; or
(ii) a dependent;
whether assumed voluntarily or because of a legal obligation;
or
(B) a professional relationship with:
(i) an endangered adult; or
(ii) a dependent;
that may permit the person to exert undue influence over the
endangered adult or dependent.
(2) "Self-dealing" means a person using the property of another
person to gain a benefit that is grossly disproportionate to the
goods or services provided to the other person. The term does not
include an incidental benefit.
(b) A person who recklessly uses or exerts control over the personal
services or the property of:
(1) an endangered adult; or
(2) a dependent;
for the person's own profit or advantage or for the profit or advantage
of another person, but not for the profit or advantage of a person
described in subdivision (1) or (2), commits exploitation of a
dependent or an endangered adult, a Class A misdemeanor. However,
the offense is a Level 6 felony if the person has a prior unrelated
conviction under this section.
(c) A person in a position of trust who recklessly engages in
self-dealing with the property of:
(1) an endangered adult; or
(2) a dependent;
commits exploitation of a dependent or an endangered adult, a Class A
misdemeanor. However, the offense is a Level 6 felony if the person
has a prior unrelated conviction under this section.
(d) It is a defense to an offense committed under this section if the
accused person:
(1) has been granted a durable power of attorney or has been
appointed a legal guardian to manage the affairs of an endangered
adult or a dependent; and
(2) was acting within the scope of the accused person's fiduciary
responsibility.
As added by Acts 1981, P.L.299, SEC.3. Amended by
P.L.185-1984, SEC.3; P.L.37-1990, SEC.26; P.L.2-1992, SEC.883;
P.L.4-1993, SEC.327; P.L.5-1993, SEC.334; P.L.145-2001, SEC.1;
P.L.145-2006, SEC.372; P.L.146-2008, SEC.684; P.L.158-2013,
SEC.556; P.L.70-2020, SEC.3.