North Dakota Code 12.1-31-07.1 – Exploitation of an eligible adult – Penalty
1. A person is guilty of exploitation of an eligible adult if:
Attorney's Note
Under the North Dakota Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A felony | up to 20 years | up to $20,000 |
| Class B felony | up to 10 years | up to $20,000 |
| Class C felony | up to 5 years | up to $10,000 |
| Class A misdemeanor | up to 360 days | up to $3,000 |
Terms Used In North Dakota Code 12.1-31-07.1
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- person: includes , where relevant, a corporation, limited liability company, partnership, unincorporated association, or other legal entity. See North Dakota Code 12.1-01-04
- Property: includes property, real and personal. See North Dakota Code 1-01-49
- written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37
a. The person stands in a position of trust and confidence or has a business relationship with the eligible adult and knowingly, by deception, intimidation, or undue influence, obtains or uses, or attempts to obtain or use, the eligible adult’s funds, assets, or property with the intent to temporarily or permanently deprive the eligible adult of the use, benefit, or possession of the property, for the benefit of someone other than the eligible adult; or
b. The person knows the eligible adult lacks the capacity to consent, and obtains or uses, or attempts to obtain or use, or assists another in obtaining or using or attempting to obtain or use, the eligible adult’s funds, assets, or property with the intent to temporarily or permanently deprive the eligible adult of the use, benefit, or possession of the property for the benefit of someone other than the eligible adult.
2. Exploitation of an eligible adult is:
a. A class A felony if the value of the exploited funds, assets, or property exceeds fifty thousand dollars.
b. A class B felony if the value of the exploited funds, assets, or property exceeds ten thousand dollars but does not exceed fifty thousand dollars.
c. A class C felony if the value of the exploited funds, assets, or property is in excess of one thousand dollars but does not exceed ten thousand dollars.
d. A class A misdemeanor if the value of the exploited funds, assets, or property does not exceed one thousand dollars.
3. It is not a defense to a prosecution of a violation of this section that the accused did not know the age of the victim.
4. This section does not impose criminal liability on a person who has:
a. Managed the eligible adult’s funds, assets, or property in a manner that clearly gives primacy to the needs and welfare of that person or is consistent with any explicit written authorization; or
b. Made a good-faith effort to assist in the management of the eligible adult’s funds, assets, or property.