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As Reported by the House Criminal Justice Committee
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
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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