Exploitation of an Elderly Person or Disabled Adult in Florida

It is unlawful to exploit an Elderly Person or Disabled Adult in Florida.

Under Florida Statute 825.103, the crime of Exploitation of an Elderly Person or Disabled Adult is committed when a person knowingly exploits an elderly person or disabled adult out of their funds, assets, or property.

Exploitation of an elderly person or disabled adult can be committed in a variety of ways, such as when:

  1. A person in a position of trust and confidence with an elderly person or disabled adult knowingly obtains or attempts to obtain their funds, assets, or property with the intent to deprive them of the use, benefit, or possession of the funds, assets, or property.
  2. A person in a business relationship with an elderly person or disabled adult knowingly obtains or attempts to obtain their funds, assets, or property with the intent to deprive them of the use, benefit, or possession of the funds, assets, or property.
  3. A person who reasonably should knows an elderly person or disabled adult lacks the capacity to consent, knowingly obtains or attempts to obtain their funds, assets, or property with the intent to deprive them of the use, benefit, or possession of the funds, assets, or property.
  4. A guardian, trustee, or agent under a power of attorney breaches their fiduciary duty and engages in an unauthorized appropriation, sale, or transfer of an elderly person or disabled adult’s property.
  5. A person misappropriates, misuses, or transfers money from an elderly person or disabled adult’s personal account, jointly held trust account, or convenience account.
  6. A caregiver or person in a position of trust and confidence intentionally or negligently fails to effectively use the income and assets of an elderly person or disabled adult for the person’s support and maintenance.

Penalties for Exploitation of an Elderly Person or Disabled Adult

The penalties for Exploitation of an Elderly Person or Disabled Adult are determined by the value of the assets, property, or money appropriated.

Penalties for Exploitation of an Elderly Person or Disabled Adult of less than $10,000

The crime of Exploitation of an Elderly Person or Disabled Adult of less than $10,000 is a Third Degree Felony in Florida and punishable by up to five years in prison, five years of probation, and a $5,000 fine.

Exploitation of an Elderly Person or Disabled Adult of less than $10,000 is assigned a Level 6 offense severity ranking under Florida’s Criminal Punishment Code. A judge may sentence a person convicted of Exploitation of an Elderly Person or Disabled Adult of less than $10,000 to probation, but may also sentence the person up to the statutory maximum of five years in prison.

Penalties for Exploitation of an Elderly Person or Disabled Adult of $10,000-$50,000

The crime of Exploitation of an Elderly Person or Disabled Adult of $10,000 to $50,000 is a Second Degree Felony in Florida and punishable by up to fifteen years in prison, fifteen years of probation, and a $10,000 fine.

Exploitation of an Elderly Person or Disabled Adult of $10,000 to $50,000 is assigned a Level 7 offense severity ranking under Florida’s Criminal Punishment Code. Absent grounds for a downward departure sentence, a judge is required to sentence a person convicted of Exploitation of an Elderly Person or Disabled Adult of $10,000 to $50,000 to a minimum sentence of 21 months in prison, but may also sentence the person up to the statutory maximum of 15 years in prison.

Penalties for Exploitation of an Elderly Person or Disabled Adult of $50,000 or more

The crime of Exploitation of an Elderly Person or Disabled Adult of $50,000 or more is a First Degree Felony in Florida and punishable by up to thirty years in prison, thirty years of probation, and a $10,000 fine.

Exploitation of an Elderly Person or Disabled Adult of $50,000 or more is assigned a Level 8 offense severity ranking under Florida’s Criminal Punishment Code. Absent prior criminal history or grounds for a downward departure sentence, a judge is required to sentence a person convicted of Exploitation of an Elderly Person or Disabled Adult of $50,000 or more to a minimum of 34½ months in prison, but may also sentence the person up to the statutory maximum of 30 years in prison.

Defenses to Exploitation of an Elderly Person or Disabled Adult

In addition to the pretrial defenses and trial defenses that can be raised in any criminal case, specific defenses to the crime of Exploitation of an Elderly Person or Disabled Adult are:

Capacity to Consent

It is a defense to the crime of Exploitation of an Elderly Person or Disabled Adult if the elderly person or disabled adult had the mental capacity to consent to the transfer of the assets, property, or money. [1]

Funds Used Solely for Victim's Benefit

It is a defense to the crime of Exploitation of an Elderly Person or Disabled Adult if the funds alleged to have been misappropriated were used solely for the victim's benefit. [2] However, this defense is unavailable to the extent the prosecution can show that some of the allegedly misappropriated funds were used to benefit the defendant. [3]

Contact Criminal Defense Lawyer Richard Hornsby

If you have been arrested or charged with the crime of Exploitation of an Elderly Person or Disabled Adult in Central Florida or the Greater Orlando area, contact Orlando Criminal Defense Lawyer today.

The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.

References

  1. Parrondo v. State, 239 So. 3d 777 (Fla. 3d DCA 2018)
  2. McNarrin v. State, 876 So. 2d 1253 (Fla. 4th DCA 2004)
  3. Johnson v. State, 44 Fla. L. Weekly D637d (Fla. 4th DCA 2019)