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Can you summarize NCGS 14-112.2?
False Pretenses and Cheats. > Exploitation of an older adult or disabled adult.
Short Summary
This section of the North Carolina General Statutes, under the Criminal Law section, specifically addresses the offense of exploitation of an older adult or disabled adult. It is unlawful for a person who stands in a position of trust and confidence with an older adult or disabled adult, or who has a business relationship with them, to knowingly obtain or use their funds, assets, or property by deception or intimidation with the intent to deprive them of the use, benefit, or possession of such funds, assets, or property, or to benefit someone other than the older adult or disabled adult. Similarly, it is unlawful for a person to knowingly obtain or use an older adult’s or disabled adult’s funds, assets, or property with the same intent, by deception or intimidation, or to conspire with another to do so, unless acting within the scope of their lawful authority as the agent for the older adult or disabled adult. The severity of the offense depends on the value of the funds, assets, or property involved, with higher values resulting in higher felony classifications. Additionally, if the funds, assets, or property involved in the exploitation are valued at more than $5,000, the district attorney may file a petition to freeze the defendant’s funds, assets, or property for restitution purposes. This section aims to protect older adults and disabled adults from financial exploitation and provides legal consequences for those who engage in such activities.
Whom does it apply to?
Persons who stand in a position of trust and confidence with an older adult or disabled adult, or persons who have a business relationship with an older adult or disabled adult
What does it govern?
Exploitation of an older adult or disabled adult
What are exemptions?
Persons acting within the scope of their lawful authority as the agent for the older adult or disabled adult
What are the Penalties?
For exploitation of an older adult or disabled adult valued at $100,000 or more: Class F felony. For exploitation valued at $20,000 or more but less than $100,000: Class G felony. For exploitation valued at less than $20,000: Class H felony. For obtaining or using funds, assets, or property of an older adult or disabled adult valued at $100,000 or more: Class G felony. For obtaining or using funds, assets, or property valued at $20,000 or more but less than $100,000: Class H felony. For obtaining or using funds, assets, or property valued at less than $20,000: Class I felony.
Jurisdiction
North Carolina