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Indiana Code Title 35. Criminal Law and Procedure § 35-46-1-12

Current as of January 02, 2024 | Updated by FindLaw Staff

Sec. 12. (a) The following definitions apply throughout this section:

(1) “Person in a position of trust” means a person who has or had:

(A) the care of:

(i) an endangered adult; or

(ii) a dependent;

whether assumed voluntarily or because of a legal obligation; or

(B) a professional relationship with:

(i) an endangered adult; or

(ii) a dependent;

that may permit the person to exert undue influence over the endangered adult or dependent.

(2) “Self-dealing” means a person using the property of another person to gain a benefit that is grossly disproportionate to the goods or services provided to the other person. The term does not include an incidental benefit.

(b) A person who recklessly uses or exerts control over the personal services or the property of:

(1) an endangered adult; or

(2) a dependent;

for the person's own profit or advantage or for the profit or advantage of another person, but not for the profit or advantage of a person described in subdivision (1) or (2), commits exploitation of a dependent or an endangered adult, a Class A misdemeanor. However, the offense is a Level 6 felony if the person has a prior unrelated conviction under this section.

(c) A person in a position of trust who recklessly engages in self-dealing with the property of:

(1) an endangered adult; or

(2) a dependent;

commits exploitation of a dependent or an endangered adult, a Class A misdemeanor. However, the offense is a Level 6 felony if the person has a prior unrelated conviction under this section.

(d) It is a defense to an offense committed under this section if the accused person:

(1) has been granted a durable power of attorney or has been appointed a legal guardian to manage the affairs of an endangered adult or a dependent; and

(2) was acting within the scope of the accused person's fiduciary responsibility.

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Cite this article: FindLaw.com - Indiana Code Title 35. Criminal Law and Procedure § 35-46-1-12 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-35-criminal-law-and-procedure/in-code-sect-35-46-1-12/

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