As Introduced 1
123rd General Assembly 4
Regular Session H.B. No. 2 5
1999-2000 6
REPRESENTATIVES TIBERI-JAMES-THOMAS-TAYLOR- 8
PATTON-GRENDELL-HAINES-PRINGLE-VESPER- 9
JONES-COUGHLIN-JERSE-LUCAS-BRADING- 10
JACOBSON-ROMAN-HEALY-O'BRIEN-BOYD-MOTTLEY- 11
EVANS-METELSKY-MYERS-TERWILLEGER-OPFER-HOOPS- 12
YOUNG-HOUSEHOLDER-GOODMAN-CALLENDER-DAMSCHRODER- 13
CORBIN-CLANCY-BUCHY-GARDNER-KREBS-CATES-WILLAMOWSKI- 14
HARRIS-METZGER-JOLIVETTE-OLMAN-WOMER BENJAMIN-MEAD-BATEMAN- 15
SCHULER-AMSTUTZ-SALERNO-MAIER-OGG-BENDER-LOGAN-ALLEN- 16
D.MILLER-BEATTY-WILSON-BRITTON-WESTON-CORE-PERZ-BUEHRER 17
18
A B I L L
To enact section 2913.07 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 2913.07 of the Revised Code be 26
enacted to read as follows: 27
Sec. 2913.07. (A) NO PERSON, BY DECEPTION OR 30
INTIMIDATION, SHALL KNOWINGLY DO EITHER 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
2
SOMEONE OTHER THAN THE ELDERLY PERSON OR DISABLED ADULT. 43
(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 EITHER 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 THE ELDERLY PERSON OR DISABLED 53
ADULT OF THE USE, BENEFIT, OR POSSESSION OF THAT PERSON'S OR 54
ADULT'S FUNDS, ASSETS, OR PROPERTY; 55
(2) WITHOUT PRIVILEGE TO DO SO, OBTAIN, USE, ATTEMPT TO 57
OBTAIN OR USE, OR CONSPIRE WITH ANOTHER TO OBTAIN OR USE THE 59
FUNDS, ASSETS, OR PROPERTY OF THE ELDERLY PERSON OR DISABLED 60
ADULT WITH THE INTENT TO TEMPORARILY OR PERMANENTLY DEPRIVE THE 61
ELDERLY PERSON OR DISABLED ADULT OF THE USE, BENEFIT, OR 62
POSSESSION OF THAT PERSON'S OR ADULT'S FUNDS, ASSETS, OR PROPERTY
OR WITH THE INTENT TO BENEFIT SOMEONE OTHER THAN THE ELDERLY 64
PERSON OR DISABLED ADULT.
(C)(1) WHOEVER VIOLATES THIS SECTION IS GUILTY OF 67
EXPLOITATION OF AN ELDERLY PERSON OR DISABLED ADULT. 68
(2) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (C)(3), (4), 70
(5), OR (6) OF THIS SECTION, EXPLOITATION OF AN ELDERLY PERSON OR 71
DISABLED ADULT IS A FELONY OF THE FIFTH DEGREE. 72
(3) IF THE VALUE OF THE FUNDS, ASSETS, OR PROPERTY 74
INVOLVED IN THE OFFENSE OR THE LOSS TO THE VICTIM IS FIVE HUNDRED 76
DOLLARS OR MORE AND IS LESS THAN FIVE THOUSAND DOLLARS,
EXPLOITATION OF AN ELDERLY PERSON OR DISABLED ADULT IS A FELONY 77
OF THE FOURTH DEGREE. 78
(4) IF THE VALUE OF THE FUNDS, ASSETS, OR PROPERTY 80
INVOLVED IN THE OFFENSE OR THE LOSS TO THE VICTIM IS FIVE 81
THOUSAND DOLLARS OR MORE AND IS LESS THAN TWENTY-FIVE THOUSAND 82
DOLLARS, EXPLOITATION OF AN ELDERLY PERSON OR DISABLED ADULT IS A 84
FELONY OF THE THIRD DEGREE.
(5) IF THE VALUE OF THE FUNDS, ASSETS, OR PROPERTY 86
3
INVOLVED IN THE OFFENSE OR THE LOSS TO THE VICTIM IS TWENTY-FIVE 87
THOUSAND DOLLARS OR MORE AND IS LESS THAN ONE HUNDRED THOUSAND 88
DOLLARS, EXPLOITATION OF AN ELDERLY PERSON OR DISABLED ADULT IS A 90
FELONY OF THE SECOND DEGREE.
(6) IF THE VALUE OF THE FUNDS, ASSETS, OR PROPERTY 92
INVOLVED IN THE OFFENSE OR THE LOSS TO THE VICTIM IS ONE HUNDRED 93
THOUSAND DOLLARS OR MORE, EXPLOITATION OF AN ELDERLY PERSON OR 94
DISABLED ADULT IS A FELONY OF THE FIRST DEGREE. 95
(D) AN OFFENDER'S KNOWLEDGE OR LACK OF KNOWLEDGE OF THE 97
AGE OF A VICTIM OF A VIOLATION OF THIS SECTION AT THE TIME OF THE 98
COMMISSION OF THE VIOLATION IS NOT A DEFENSE TO A CHARGE OF A 99
VIOLATION OF THIS SECTION.
(E) AS USED IN THIS SECTION: 102
(1) "ELDERLY PERSON" MEANS A PERSON WHO IS SIXTY-FIVE 104
YEARS OF AGE OR OLDER. 105
(2) "DISABLED ADULT" MEANS A PERSON WHO IS EIGHTEEN YEARS 107
OF AGE OR OLDER AND HAS SOME IMPAIRMENT OF BODY OR MIND THAT 108
MAKES THE PERSON UNFIT TO WORK AT ANY SUBSTANTIALLY REMUNERATIVE 109
EMPLOYMENT THAT THE PERSON OTHERWISE WOULD BE ABLE TO PERFORM AND 110
THAT WILL, WITH REASONABLE PROBABILITY, CONTINUE FOR A PERIOD OF 111
AT LEAST TWELVE MONTHS WITHOUT ANY PRESENT INDICATION OF RECOVERY 112
FROM THE IMPAIRMENT, OR WHO IS EIGHTEEN YEARS OF AGE OR OLDER AND 113
HAS BEEN CERTIFIED AS PERMANENTLY AND TOTALLY DISABLED BY AN 114
AGENCY OF THIS STATE OR THE UNITED STATES THAT HAS THE FUNCTION 115
OF SO CLASSIFYING PERSONS. 116
(3) "LACKS THE CAPACITY TO CONSENT" MEANS BEING IMPAIRED 118
FOR ANY REASON TO THE EXTENT THAT THE PERSON LACKS SUFFICIENT 119
UNDERSTANDING OR CAPACITY TO MAKE AND CARRY OUT REASONABLE 120
DECISIONS CONCERNING THE PERSON OR THE PERSON'S RESOURCES, WITH 121
OR WITHOUT THE ASSISTANCE OF A CARETAKER. 122
(4) "REASONABLE DECISIONS" MEANS DECISIONS MADE IN DAILY 125
LIVING THAT FACILITATE THE PROVISION OF FOOD, SHELTER, CLOTHING, 126
AND HEALTH CARE NECESSARY FOR LIFE SUPPORT. 127