130th Ohio General Assembly
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As Passed by the House

122nd General Assembly
Regular Session
1997-1998
H. B. No. 632

REPRESENTATIVES TIBERI-JAMES-THOMAS-TAYLOR-PATTON-MOTTL-GRENDELL- HAINES-PRINGLE-COLONNA-VESPER-GARCIA-JONES-COUGHLIN-JERSE- REID-LUCAS-BRADING-JACOBSON-ROMAN-HEALY-O'BRIEN-BOYD- CALLENDER-WILLAMOWSKI-TERWILLEGER-OLMAN-METZGER-HARRIS- VERICH-WOMER BENJAMIN-CORBIN-BENDER-CORE-OGG-OPFER-LOGAN- ALLEN-PERZ-HOUSEHOLDER-MEAD-YOUNG-JOHNSON-MILLER-SCHULER- WACHTMANN-EVANS-BRADY-BATEMAN-AMSTUTZ-BUCHY-PRENTISS- DAMSCHRODER-METELSKY-TAVARES-MALLORY-BRITTON-WILSON- BEATTY-MAIER-WESTON-SALERNO


A BILL
To enact section 2913.05 of the Revised Code to create the offense of exploitation of an elderly person or disabled adult.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:


Section 1. That section 2913.05 of the Revised Code be enacted to read as follows:

Sec. 2913.05. (A) NO PERSON, BY DECEPTION OR INTIMIDATION, SHALL KNOWINGLY DO ANY OF THE FOLLOWING:

(1) OBTAIN, USE, ATTEMPT TO OBTAIN OR USE, OR CONSPIRE WITH ANOTHER TO OBTAIN OR USE THE FUNDS, ASSETS, OR PROPERTY OF AN ELDERLY PERSON OR A DISABLED ADULT WITH THE INTENT TO TEMPORARILY OR PERMANENTLY DEFRAUD OR DEPRIVE THE ELDERLY PERSON OR DISABLED ADULT OF THE USE, BENEFIT, OR POSSESSION OF THAT PERSON'S OR ADULT'S FUNDS, ASSETS, OR PROPERTY.

(2) OBTAIN, USE, ATTEMPT TO OBTAIN OR USE, OR CONSPIRE WITH ANOTHER TO OBTAIN OR USE THE FUNDS, ASSETS, OR PROPERTY OF AN ELDERLY PERSON OR A DISABLED ADULT WITH INTENT TO BENEFIT SOMEONE OTHER THAN THE ELDERLY PERSON OR DISABLED ADULT.

(B) NO PERSON WHO KNOWS OR REASONABLY SHOULD KNOW THAT AN ELDERLY PERSON OR A DISABLED ADULT LACKS THE CAPACITY TO CONSENT SHALL DO ANY OF THE FOLLOWING:

(1) OBTAIN, USE, ATTEMPT TO OBTAIN OR USE, OR CONSPIRE WITH ANOTHER TO OBTAIN OR USE THE FUNDS, ASSETS, OR PROPERTY OF THE ELDERLY PERSON OR DISABLED ADULT WITH THE INTENT TO TEMPORARILY OR PERMANENTLY DEFRAUD OR DEPRIVE THAT PERSON OR ADULT OF THE USE, BENEFIT, OR POSSESSION OF THAT PERSON'S OR ADULT'S FUNDS, ASSETS, OR PROPERTY.

(2) OBTAIN, USE, ATTEMPT TO OBTAIN OR USE, OR CONSPIRE WITH ANOTHER TO OBTAIN OR USE THE FUNDS, ASSETS, OR PROPERTY OF AN ELDERLY PERSON OR A DISABLED ADULT WITH INTENT TO BENEFIT SOMEONE OTHER THAN THE ELDERLY PERSON OR DISABLED ADULT.

(C)(1) WHOEVER VIOLATES THIS SECTION IS GUILTY OF EXPLOITATION OF AN ELDERLY PERSON OR DISABLED ADULT.

(2) IF THE VALUE OF THE FUNDS, ASSETS, OR PROPERTY INVOLVED IN THE OFFENSE OR THE LOSS TO THE VICTIM IS LESS THAN FIVE HUNDRED DOLLARS, EXPLOITATION OF AN ELDERLY PERSON OR DISABLED ADULT IS A FELONY OF THE FIFTH DEGREE.

(3) IF THE VALUE OF THE FUNDS, ASSETS, OR PROPERTY INVOLVED IN THE OFFENSE OR THE LOSS TO THE VICTIM IS FIVE HUNDRED DOLLARS OR MORE AND IS LESS THAN FIVE THOUSAND DOLLARS, EXPLOITATION OF AN ELDERLY PERSON OR DISABLED ADULT IS A FELONY OF THE FOURTH DEGREE.

(4) IF THE VALUE OF THE FUNDS, ASSETS, OR PROPERTY INVOLVED IN THE OFFENSE OR THE LOSS TO THE VICTIM IS FIVE THOUSAND DOLLARS OR MORE AND IS LESS THAN TWENTY-FIVE THOUSAND DOLLARS, EXPLOITATION OF AN ELDERLY PERSON OR DISABLED ADULT IS A FELONY OF THE THIRD DEGREE.

(5) IF THE VALUE OF THE FUNDS, ASSETS, OR PROPERTY INVOLVED IN THE OFFENSE OR THE LOSS TO THE VICTIM IS TWENTY-FIVE THOUSAND DOLLARS OR MORE AND IS LESS THAN ONE HUNDRED THOUSAND DOLLARS, EXPLOITATION OF AN ELDERLY PERSON OR DISABLED ADULT IS A FELONY OF THE SECOND DEGREE.

(6) IF THE VALUE OF THE FUNDS, ASSETS, OR PROPERTY INVOLVED IN THE OFFENSE OR THE LOSS TO THE VICTIM IS ONE HUNDRED THOUSAND DOLLARS OR MORE, EXPLOITATION OF AN ELDERLY PERSON OR DISABLED ADULT IS A FELONY OF THE FIRST DEGREE.

(D) AN OFFENDER'S KNOWLEDGE OR LACK OF KNOWLEDGE OF THE AGE OF A VICTIM OF A VIOLATION OF THIS SECTION AT THE TIME OF THE COMMISSION OF THE VIOLATION IS NOT A DEFENSE TO A CHARGE OF A VIOLATION OF THIS SECTION.

(E) AS USED IN THIS SECTION:

(1) "ELDERLY PERSON" MEANS A PERSON WHO IS SIXTY-FIVE YEARS OF AGE OR OLDER.

(2) "DISABLED ADULT" MEANS A PERSON WHO IS EIGHTEEN YEARS OF AGE OR OLDER AND HAS SOME IMPAIRMENT OF BODY OR MIND THAT MAKES THE PERSON UNFIT TO WORK AT ANY SUBSTANTIALLY REMUNERATIVE EMPLOYMENT THAT THE PERSON OTHERWISE WOULD BE ABLE TO PERFORM AND THAT WILL, WITH REASONABLE PROBABILITY, CONTINUE FOR A PERIOD OF AT LEAST TWELVE MONTHS WITHOUT ANY PRESENT INDICATION OF RECOVERY FROM THE IMPAIRMENT, OR WHO IS EIGHTEEN YEARS OF AGE OR OLDER AND HAS BEEN CERTIFIED AS PERMANENTLY AND TOTALLY DISABLED BY AN AGENCY OF THIS STATE OR THE UNITED STATES THAT HAS THE FUNCTION OF SO CLASSIFYING PERSONS.

(3) "LACKS THE CAPACITY TO CONSENT" MEANS BEING IMPAIRED FOR ANY REASON TO THE EXTENT THAT THE PERSON LACKS SUFFICIENT UNDERSTANDING OR CAPACITY TO MAKE AND CARRY OUT REASONABLE DECISIONS CONCERNING THE PERSON OR THE PERSON'S RESOURCES, WITH OR WITHOUT THE ASSISTANCE OF A CARETAKER.

(4) "REASONABLE DECISIONS" MEANS DECISIONS MADE IN DAILY LIVING THAT FACILITATE THE PROVISION OF FOOD, SHELTER, CLOTHING, AND HEALTH CARE NECESSARY FOR LIFE SUPPORT.

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