(a) A person is guilty of financial exploitation of a vulnerable adult or elderly person if the person intentionally and knowingly:
(1) Uses deception, intimidation, or undue influence to obtain the property, including money, of a vulnerable adult or elderly person, with the intent to deprive the vulnerable adult or elderly person of the property or use it for the advantage of anyone other than the vulnerable adult or elderly person;
(2) Uses deception, intimidation, or undue influence to cause the vulnerable adult or elderly person to assume a legal obligation on behalf of, or for the benefit of, anyone other than the vulnerable adult or elderly person; or
(3) Violates any provision of law proscribing theft, extortion, forgery, fraud, or identity theft against the vulnerable adult or elderly person, so long as the offense was undertaken to obtain the property, including money, of a vulnerable adult or elderly person, or to cause the vulnerable adult or elderly person to assume a legal obligation on behalf of, or for the benefit of, anyone other than the vulnerable adult or elderly person.
(b) It is an affirmative defense that the accused knew or reasonably believed the victim was not a vulnerable adult or elderly person at the time of the offense, or could not have known or determined that the victim was a vulnerable adult or elderly person because of the manner in which the offense was committed. This defense shall be established by a preponderance of the evidence.
(c) Repealed.
(June 8, 2001, D.C. Law 13-301, § 203a; as added Nov. 23, 2016, D.C. Law 21-166, § 3(d), 63 DCR 10733; Apr. 27, 2021, D.C. Law 23-274, § 302(c), 68 DCR 001034.)
Structure District of Columbia Code
Title 22 - Criminal Offenses and Penalties
Chapter 9A - Abuse, Neglect, and Financial Exploitation of Vulnerable Adults and Elderly Persons
§ 22–933. Criminal abuse of a vulnerable adult or elderly person
§ 22–933.01. Financial exploitation of a vulnerabl adult or elderly person
§ 22–936.01. Criminal penalties for financial exploitation of a vulnerable adult or elderly person
§ 22–937. Civil penalties for financial exploitation of a vulnerable adult or elderly person