As Passed by the House 1
122nd General Assembly 4
Regular Session H. B. No. 632 5
1997-1998 6
REPRESENTATIVES TIBERI-JAMES-THOMAS-TAYLOR-PATTON-MOTTL-GRENDELL- 8
HAINES-PRINGLE-COLONNA-VESPER-GARCIA-JONES-COUGHLIN-JERSE- 9
REID-LUCAS-BRADING-JACOBSON-ROMAN-HEALY-O'BRIEN-BOYD- 10
CALLENDER-WILLAMOWSKI-TERWILLEGER-OLMAN-METZGER-HARRIS- 11
VERICH-WOMER BENJAMIN-CORBIN-BENDER-CORE-OGG-OPFER-LOGAN- 12
ALLEN-PERZ-HOUSEHOLDER-MEAD-YOUNG-JOHNSON-MILLER-SCHULER- 13
WACHTMANN-EVANS-BRADY-BATEMAN-AMSTUTZ-BUCHY-PRENTISS- 14
DAMSCHRODER-METELSKY-TAVARES-MALLORY-BRITTON-WILSON- 15
BEATTY-MAIER-WESTON-SALERNO 16
18
A B I L L
To enact section 2913.05 of the Revised Code to 20
create the offense of exploitation of an elderly 21
person or disabled adult. 22
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 24
Section 1. That section 2913.05 of the Revised Code be 26
enacted to read as follows: 27
Sec. 2913.05. (A) NO PERSON, BY DECEPTION OR 30
INTIMIDATION, SHALL KNOWINGLY DO ANY OF THE FOLLOWING: 31
(1) OBTAIN, USE, ATTEMPT TO OBTAIN OR USE, OR CONSPIRE 33
WITH ANOTHER TO OBTAIN OR USE THE FUNDS, ASSETS, OR PROPERTY OF 34
AN ELDERLY PERSON OR A DISABLED ADULT WITH THE INTENT TO 35
TEMPORARILY OR PERMANENTLY DEFRAUD OR DEPRIVE THE ELDERLY PERSON 36
OR DISABLED ADULT OF THE USE, BENEFIT, OR POSSESSION OF THAT 37
PERSON'S OR ADULT'S FUNDS, ASSETS, OR PROPERTY. 38
(2) OBTAIN, USE, ATTEMPT TO OBTAIN OR USE, OR CONSPIRE 40
WITH ANOTHER TO OBTAIN OR USE THE FUNDS, ASSETS, OR PROPERTY OF 41
AN ELDERLY PERSON OR A DISABLED ADULT WITH INTENT TO BENEFIT 42
SOMEONE OTHER THAN THE ELDERLY PERSON OR DISABLED ADULT. 43
2
(B) NO PERSON WHO KNOWS OR REASONABLY SHOULD KNOW THAT AN 46
ELDERLY PERSON OR A DISABLED ADULT LACKS THE CAPACITY TO CONSENT 47
SHALL DO ANY OF THE FOLLOWING: 48
(1) OBTAIN, USE, ATTEMPT TO OBTAIN OR USE, OR CONSPIRE 50
WITH ANOTHER TO OBTAIN OR USE THE FUNDS, ASSETS, OR PROPERTY OF 51
THE ELDERLY PERSON OR DISABLED ADULT WITH THE INTENT TO 52
TEMPORARILY OR PERMANENTLY DEFRAUD OR DEPRIVE THAT PERSON OR 53
ADULT OF THE USE, BENEFIT, OR POSSESSION OF THAT PERSON'S OR 54
ADULT'S FUNDS, ASSETS, OR PROPERTY. 55
(2) OBTAIN, USE, ATTEMPT TO OBTAIN OR USE, OR CONSPIRE 57
WITH ANOTHER TO OBTAIN OR USE THE FUNDS, ASSETS, OR PROPERTY OF 58
AN ELDERLY PERSON OR A DISABLED ADULT WITH INTENT TO BENEFIT 59
SOMEONE OTHER THAN THE ELDERLY PERSON OR DISABLED ADULT. 60
(C)(1) WHOEVER VIOLATES THIS SECTION IS GUILTY OF 63
EXPLOITATION OF AN ELDERLY PERSON OR DISABLED ADULT. 64
(2) IF THE VALUE OF THE FUNDS, ASSETS, OR PROPERTY 66
INVOLVED IN THE OFFENSE OR THE LOSS TO THE VICTIM IS LESS THAN 67
FIVE HUNDRED DOLLARS, EXPLOITATION OF AN ELDERLY PERSON OR 68
DISABLED ADULT IS A FELONY OF THE FIFTH DEGREE. 69
(3) IF THE VALUE OF THE FUNDS, ASSETS, OR PROPERTY 71
INVOLVED IN THE OFFENSE OR THE LOSS TO THE VICTIM IS FIVE HUNDRED 73
DOLLARS OR MORE AND IS LESS THAN FIVE THOUSAND DOLLARS,
EXPLOITATION OF AN ELDERLY PERSON OR DISABLED ADULT IS A FELONY 74
OF THE FOURTH DEGREE. 75
(4) IF THE VALUE OF THE FUNDS, ASSETS, OR PROPERTY 77
INVOLVED IN THE OFFENSE OR THE LOSS TO THE VICTIM IS FIVE 78
THOUSAND DOLLARS OR MORE AND IS LESS THAN TWENTY-FIVE THOUSAND 79
DOLLARS, EXPLOITATION OF AN ELDERLY PERSON OR DISABLED ADULT IS A 81
FELONY OF THE THIRD DEGREE.
(5) IF THE VALUE OF THE FUNDS, ASSETS, OR PROPERTY 83
INVOLVED IN THE OFFENSE OR THE LOSS TO THE VICTIM IS TWENTY-FIVE 84
THOUSAND DOLLARS OR MORE AND IS LESS THAN ONE HUNDRED THOUSAND 85
DOLLARS, EXPLOITATION OF AN ELDERLY PERSON OR DISABLED ADULT IS A 87
FELONY OF THE SECOND DEGREE.
3
(6) IF THE VALUE OF THE FUNDS, ASSETS, OR PROPERTY 89
INVOLVED IN THE OFFENSE OR THE LOSS TO THE VICTIM IS ONE HUNDRED 90
THOUSAND DOLLARS OR MORE, EXPLOITATION OF AN ELDERLY PERSON OR 91
DISABLED ADULT IS A FELONY OF THE FIRST DEGREE. 92
(D) AN OFFENDER'S KNOWLEDGE OR LACK OF KNOWLEDGE OF THE 94
AGE OF A VICTIM OF A VIOLATION OF THIS SECTION AT THE TIME OF THE 95
COMMISSION OF THE VIOLATION IS NOT A DEFENSE TO A CHARGE OF A 96
VIOLATION OF THIS SECTION.
(E) AS USED IN THIS SECTION: 99
(1) "ELDERLY PERSON" MEANS A PERSON WHO IS SIXTY-FIVE 101
YEARS OF AGE OR OLDER. 102
(2) "DISABLED ADULT" MEANS A PERSON WHO IS EIGHTEEN YEARS 104
OF AGE OR OLDER AND HAS SOME IMPAIRMENT OF BODY OR MIND THAT 105
MAKES THE PERSON UNFIT TO WORK AT ANY SUBSTANTIALLY REMUNERATIVE 106
EMPLOYMENT THAT THE PERSON OTHERWISE WOULD BE ABLE TO PERFORM AND 107
THAT WILL, WITH REASONABLE PROBABILITY, CONTINUE FOR A PERIOD OF 108
AT LEAST TWELVE MONTHS WITHOUT ANY PRESENT INDICATION OF RECOVERY 109
FROM THE IMPAIRMENT, OR WHO IS EIGHTEEN YEARS OF AGE OR OLDER AND 110
HAS BEEN CERTIFIED AS PERMANENTLY AND TOTALLY DISABLED BY AN 111
AGENCY OF THIS STATE OR THE UNITED STATES THAT HAS THE FUNCTION 112
OF SO CLASSIFYING PERSONS. 113
(3) "LACKS THE CAPACITY TO CONSENT" MEANS BEING IMPAIRED 115
FOR ANY REASON TO THE EXTENT THAT THE PERSON LACKS SUFFICIENT 116
UNDERSTANDING OR CAPACITY TO MAKE AND CARRY OUT REASONABLE 117
DECISIONS CONCERNING THE PERSON OR THE PERSON'S RESOURCES, WITH 118
OR WITHOUT THE ASSISTANCE OF A CARETAKER. 119
(4) "REASONABLE DECISIONS" MEANS DECISIONS MADE IN DAILY 122
LIVING THAT FACILITATE THE PROVISION OF FOOD, SHELTER, CLOTHING, 123
AND HEALTH CARE NECESSARY FOR LIFE SUPPORT. 124