SB3128 Summary

• Expands the definition of "person who stands in a position of trust and confidence" in financial exploitation crimes to include friends or acquaintances in a position of trust, in addition to existing categories like family members, caregivers, and fiduciaries.

• Maintains criminal penalties ranging from Class 4 felony ($300 or less) to Class 1 felony ($50,000 or more), with enhanced penalties for elderly victims over age 70 ($15,000 threshold) or age 80+ ($5,000 threshold).

• Establishes civil liability allowing victims to recover treble damages (three times the property value) plus attorney fees and court costs based on preponderance of evidence, regardless of criminal conviction.

• Authorizes prosecutors to file petitions freezing defendant assets up to the alleged value of stolen property when charges involve more than $5,000 in losses, for purposes of restitution.

• Specifies that consent and defendant's mistaken belief about victim's age or disability status are not valid defenses to prosecution.