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Can you summarize MNST 609.2335?
CRIMINAL CODE > FINANCIAL EXPLOITATION OF VULNERABLE ADULT.
Short Summary
This legal document, found in the Minnesota Statutes under the CRIMES; EXPUNGEMENT; VICTIMS » CRIMINAL CODE section, addresses the crime of financial exploitation of vulnerable adults. It defines the acts that constitute financial exploitation, including the intentional failure to provide necessary care or using the vulnerable adult’s property for the benefit of someone else. It also covers the acquisition of the vulnerable adult’s property through undue influence, forcing the vulnerable adult to perform services for another’s advantage, and establishing a fiduciary relationship through improper means. The document specifies that facilities or caregivers are not obligated to provide financial management for vulnerable adults, and consent is not a defense if the vulnerable adult lacked capacity. The penalties for violating this section vary depending on the specific offense committed. Additionally, the document allows for the aggregation of offenses committed within a six-month period and provides guidelines for venue selection in prosecuting offenses under this section.
Whom does it apply to?
Any person who commits the acts described in subdivision 1
What does it govern?
Financial exploitation of vulnerable adults
What are exemptions?
Facilities or caregivers are not required to provide financial management or supervise financial management for a vulnerable adult, except as otherwise required by law. Consent is not a defense to a violation of this section if the actor knew or had reason to know that the vulnerable adult lacked capacity to consent.
What are the Penalties?
A person who violates subdivision 1, clause (1) or (2), item (i), may be sentenced as provided in section 609.52, subdivision 3. A person who violates subdivision 1, clause (2), item (ii) or (iii), may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both.
Jurisdiction
Minnesota