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Can you summarize 720 ILCS 5/17-56?
MISCELLANEOUS SPECIAL FRAUD (Source: P.A. 96-1551, eff. 7-1-11.) >
Short Summary
This legal document, known as Section 17-56 of the Illinois Compiled Statutes, addresses the financial exploitation of elderly persons or persons with disabilities. It applies to individuals who hold a position of trust or confidence with the elderly person or person with a disability. The document defines financial exploitation as obtaining control over the property of an elderly person or person with a disability through deception or intimidation, or illegally using their assets or resources. The severity of the offense is determined by the value of the property involved. The document also provides definitions for terms such as ’elderly person’ and ‘person with a disability,’ and clarifies that good faith efforts to assist the individual in managing their property are not subject to criminal liability. Additionally, it establishes civil liability for financial exploitation and allows for the freezing of assets in criminal proceedings for restitution purposes.
Whom does it apply to?
Persons who stand in a position of trust or confidence with the elderly person or a person with a disability
What does it govern?
Financial exploitation of an elderly person or a person with a disability
What are exemptions?
Nothing in this Section shall be construed to limit the remedies available to the victim under the Illinois Domestic Violence Act of 1986. Good faith efforts to assist the elderly person or person with a disability in the management of their property are not subject to criminal liability.
What are the Penalties?
Financial exploitation of an elderly person or a person with a disability is classified as a Class 4 felony if the value of the property is $300 or less, a Class 3 felony if the value of the property is more than $300 but less than $5,000, a Class 2 felony if the value of the property is $5,000 or more but less than $50,000, and a Class 1 felony if the value of the property is $50,000 or more or if the elderly person is 70 years of age or older and the value of the property is $15,000 or more or if the elderly person is 80 years of age or older and the value of the property is $5,000 or more.
Jurisdiction
Illinois