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Can you summarize MORS 570.145?
Robbery, Stealing and Related Offenses > Financial exploitation of the elderly person or person with a disability penalties certain defense prohibited, additional violation, restitution.
Short Summary
This legal document pertains to the offense of financial exploitation of an elderly person or person with a disability. It prohibits any person from knowingly obtaining control over the property of an elderly person or person with a disability with the intent to permanently deprive them of its use, benefit, or possession. The offense can be committed through various means such as deceit, coercion, creating false impressions, or undue influence. The severity of the offense is determined by the value of the property involved, ranging from a Class A misdemeanor to a Class A felony. The document also clarifies that it does not limit the remedies available to the victim under domestic violence laws, does not impose criminal liability on those who genuinely try to assist but are unable to do so, and does not restrict legitimate estate planning actions as long as they do not negatively impact the standard of living of the elderly person or person with a disability.
Whom does it apply to?
Any person who knowingly obtains control over the property of an elderly person or person with a disability
What does it govern?
Financial exploitation of the elderly person or person with a disability
What are exemptions?
This section does not limit the remedies available to the victim pursuant to any state law relating to domestic violence. It also does not impose criminal liability on a person who has made a good faith effort to assist the elderly person or person with a disability in the management of their property but has been unable to provide such assistance. Additionally, it does not limit the ability to engage in bona fide estate planning, transfer property, or seek to reduce estate and inheritance taxes, as long as it does not adversely impact the standard of living of the elderly person or person with a disability.
What are the Penalties?
The offense of financial exploitation of an elderly person or person with a disability is classified as follows based on the value of the property involved: Class A misdemeanor, Class E felony, Class D felony, Class C felony, Class B felony, or Class A felony.
Jurisdiction
Missouri