609.2335 FINANCIAL EXPLOITATION OF A VULNERABLE ADULT.
Subdivision 1. Crime.
Whoever does any of the following acts commits the crime of
(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
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.
History: 1995 c 229 art 2 s 5