§ 8-801. Exploitation of vulnerable adults prohibited

   (a) Definitions. --

   (1) In this section the following words have the meanings indicated.

   (2) "Deception" has the meaning stated in § 7-101 of this article.

   (3) "Deprive" has the meaning stated in § 7-101 of this article.

   (4) "Obtain" has the meaning stated in § 7-101 of this article.

   (5) "Property" has the meaning stated in § 7-101 of this article.

   (6) (i) "Undue influence" means domination and influence amounting to force and coercion exercised by another person to such an extent that a vulnerable adult or an individual at least 68 years old was prevented from exercising free judgment and choice.

      (ii) "Undue influence" does not include the normal influence that one member of a family has over another member of the family.

   (7) "Value" has the meaning stated in § 7-103 of this article.

   (8) "Vulnerable adult" has the meaning stated in § 3-604 of this article.

(b) Prohibited. --

   (1) A person may not knowingly and willfully obtain by deception, intimidation, or undue influence the property of an individual that the person knows or reasonably should know is a vulnerable adult with intent to deprive the vulnerable adult of the vulnerable adult's property.

   (2) A person may not knowingly and willfully obtain by deception, intimidation, or undue influence the property of an individual that the person knows or reasonably should know is at least 68 years old, with intent to deprive the individual of the individual's property.

(c) Penalty. --

   (1) (i) A person convicted of a violation of this section when the value of the property is at least $ 1,000 but less than $ 10,000 is guilty of a felony and:

         1. is subject to imprisonment not exceeding 10 years or a fine not exceeding $ 10,000 or both; and

         2. shall restore the property taken or its value to the owner, or, if the owner is deceased, restore the property or its value to the owner's estate.

      (ii) A person convicted of a violation of this section when the value of the property is at least $ 10,000 but less than $ 100,000 is guilty of a felony and:

         1. is subject to imprisonment not exceeding 15 years or a fine not exceeding $ 15,000 or both; and

         2. shall restore the property taken or its value to the owner, or, if the owner is deceased, restore the property or its value to the owner's estate.

      (iii) A person convicted of a violation of this section when the value of the property is $ 100,000 or more is guilty of a felony and:

         1. is subject to imprisonment not exceeding 25 years or a fine not exceeding $ 25,000 or both; and

         2. shall restore the property taken or its value to the owner, or, if the owner is deceased, restore the property or its value to the owner's estate.

   (2) A person convicted of a violation of this section when the value of the property is less than $ 1,000 is guilty of a misdemeanor and:

      (i) is subject to imprisonment not exceeding 18 months or a fine not exceeding $ 500 or both; and

      (ii) shall restore the property taken or its value to the owner, or, if the owner is deceased, restore the property or its value to the owner's estate.

(d) Sentencing. -- A sentence imposed under this section may be separate from and consecutive to or concurrent with a sentence for any crime based on the act or acts establishing the violation of this section.

(e) Disqualification. --

   (1) If a defendant fails to restore fully the property taken or its value as ordered under subsection (c) of this section, the defendant is disqualified, to the extent of the defendant's failure to restore the property or its value, from inheriting, taking, enjoying, receiving, or otherwise benefiting from the estate, insurance proceeds, or property of the victim of the offense, whether by operation of law or pursuant to a legal document executed or entered into by the victim before the defendant shall have been convicted under this section.

   (2) The defendant has the burden of proof with respect to establishing under paragraph (1) of this subsection that the defendant has fully restored the property taken or its value.

(f) Construction of section. -- This section may not be construed to impose criminal liability on a person who, at the request of the victim of the offense, the victim's family, or the court appointed guardian of the victim, has made a good faith effort to assist the victim in the management of or transfer of the victim's property.

HISTORY: 2002, ch. 26, § 12; ch. 479, § 2; ch. 480, § 2; 2009, chs. 236, 237; 2010, chs. 72, 667; 2013, ch. 415.