§ 2-621. Exploitation of elderly or disabled adult.
A. As used in this chapter:
1. “Exploitation of an elderly person or disabled adult” means:
a. Knowingly, by deception or intimidation, obtaining or using, or endeavoring to obtain or use, an elderly person’s or disabled adult’s funds, assets, or property with the intent to temporarily or permanently deprive the elderly person or disabled adult of the use, benefit, or possession of the funds, assets, or property, or to benefit someone other than the elderly person or disabled adult, by a person who:
i. Stands in a position of trust and confidence with the elderly person or disabled adult; or
ii. Has a business relationship with the elderly person or disabled adult; or
b. Obtaining or using, endeavoring to obtain or use, or conspiring with another to obtain or use an elderly person’s or disabled adult’s funds, assets, or property with the intent to temporarily or permanently deprive the elderly person or disabled adult of the use, benefit, or possession of the funds, assets, or property, or to benefit someone other than the elderly person or disabled adult, by a person who knows or reasonably should know that the elderly person or disabled adult lacks the capacity to consent.
2. “Elderly person” means any person sixty-five (65) years of age or older.
B. Any person who engages in the exploitation of an elderly person or disabled adult shall be guilty of a crime under this section if the funds, assets, or property involved in the exploitation of the elderly person or disabled adult are valued at less than One Hundred Thousand Dollars ($100,000.00).
C. Any person convicted of violating this section shall be punished by imprisonment in the Tribal Jail for not more than one year, by a fine not to exceed Five Thousand Dollars ($5,000.00), or both. ONCA 22-33, eff. Apr. 25, 2022.