FL S0588

Removes requirement that elderly/disabled exploitation involve deception or intimidation; makes obtaining or using their funds/property with intent to deprive them a crime if perpetrator stands in position of trust, has business relationship, or knows victim lacks capacity to consent.

Creates presumption that inter vivos transfers exceeding $10,000 by persons age 65+ to nonrelatives known fewer than 2 years constitute exploitation if transferor received no reasonably equivalent value; excludes valid written loans and charitable donations.

Expands fraudulent use of personal identification information crimes to include persons 60 years or older (previously only under age 18); maintains second-degree felony penalties.

Reduces property valuation thresholds for exploitation offense severity: first-degree felony at $50,000+ (previously $100,000+); second-degree at $10,000-$49,999 (previously $20,000-$99,999); third-degree below $10,000 (previously $20,000).

Allows return of seized property to victim for restitution before trial when defendant charged with financial exploitation involving property valued over $5,000, based on preponderance of evidence finding.

Modifies hearsay exception for statements by elderly/disabled persons to allow admission if unavailable as witness due to substantial likelihood of severe emotional, mental, or physical harm, with corroborating evidence required.