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ND SB2345

Bill

Status

Passed

4/17/2013

Primary Sponsor

Mac Schneider

Click for details

Origin

Senate

63rd Legislative Assembly

AI Summary

  • 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.

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Judiciary3/6/2013
Health and Human Services1/28/2013

Full Bill Text

No bill text available