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ND SB2345
Bill
Status
4/17/2013
Primary Sponsor
Mac Schneider
Click for details
AI Summary
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Amends North Dakota Century Code section 12.1-31-07.1 to increase penalties for exploitation of disabled adults or vulnerable elderly adults based on the value of funds, assets, or property involved.
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Class A felony applies when exploited value exceeds $150,000; Class B felony for amounts exceeding $20,000 but not exceeding $150,000; Class C felony for amounts exceeding $1,000 but not exceeding $20,000; Class A misdemeanor for amounts not exceeding $1,000.
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Covers two categories of exploitation: knowingly obtaining or using property through deception or intimidation by someone in a position of trust, and obtaining or using property of someone known to lack capacity to consent.
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Provides affirmative defenses for persons who managed funds in a manner prioritizing the victim's needs and welfare or consistent with explicit written authorization, or who made good-faith efforts to assist with management.
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Establishes that defendant's lack of knowledge about the victim's age is not a defense to prosecution.
Legislative Description
The penalty for the exploitation of a disabled adult or vulnerable elderly adult.
Last Action
Signed by Governor 04/16
4/17/2013