1998 Minnesota Statutes

     609.2335 Financial exploitation of a vulnerable adult. 

    Subdivision 1.    Crime.  Whoever does any of the 
 following acts commits the crime of financial exploitation:  

    (1) in breach of a fiduciary obligation recognized 
 elsewhere in law, including pertinent regulations, contractual 
 obligations, documented consent by a competent person, or the 
 obligations of a responsible party under section 144.6501 
 intentionally fails to use the financial resources of the 
 vulnerable adult to provide food, clothing, shelter, health 
 care, therapeutic conduct, or supervision for the vulnerable 
 adult; or 

    (2) in the absence of legal authority: 

    (i) acquires possession or control of an interest in funds 
 or property of a vulnerable adult through the use of undue 
 influence, harassment, or duress; or 

    (ii) forces, compels, coerces, or entices a vulnerable 
 adult against the vulnerable adult's will to perform services 
 for the profit or advantage of another. 

    Subd. 2.    Defenses.  Nothing in this section requires 
 a facility or caregiver to provide financial management or 
 supervise financial management for a vulnerable adult except as 
 otherwise required by law. 

    Subd. 3.    Criminal penalties.  A person who violates 
 subdivision 1, clause (1) or (2), item (i), may be sentenced as 
 provided in section 609.52, subdivision 3.  A person who 
 violates subdivision 1, clause (2), item (ii), may be sentenced 
 to imprisonment for not more than one year or to payment of a 
 fine of not more than $3,000, or both. 

    HIST: 1995 c 229 art 2 s 5