Daviess County - Indiana Criminal Code 2022

256

CRIMINAL LAWAND PROCEDURE

the goods or services provided to the other person. The term does not include an inci dental benefit. (b) A person who recklessly, uses or exerts control over the personal services or the prop erty of: (1) an endangered adult; or (2) a dependent; for the person’s own profit or advantage or for the profit or advantage of another person, but not for the profit or advantage or a person described in subdivision (1) or (2), commits exploitation of a dependent or an endangered adult, a Class Amis demeanor. However, the offense is a Level 6 felony if the person has a prior unrelated convic tion under this section. (c) A person in a position of trust who reck lessly engages in self-dealing with the property of: (1) an endangered adult; or (2) a dependent; Commits exploitation of a dependent or an endan gered adult, a Class A misdemeanor. However the offense is a Level 6 felony if the person has a prior unrelated conviction under this section. (d) It is a defense to an offense committed under this section if the accused person: (1) has been granted a durable power of attorney or has been appointed a legal guardian to manage the affairs of an endan gered adult or dependent; and (2) was acting within the scope of the accused person’s fiduciary responsibility. 35-46-1-13. Failure to report battery, neglect or exploitation of an endangered adult. (a) A person who: (1) believes or has reason to believe that an endangered adult or person of any age who has a mental or physical disability is the victim of battery, neglect, or exploita tion as prohibited by this chapter, IC 35 42-2-1; and (2) knowingly fails to report the facts sup porting that belief to the division of dis ability and rehabilitative services, the division of aging, the adult protective serv ices unit designated under IC 12-10-3, or a law enforcement agency having juris-

mitted under this section must be imposed as fol lows: (1) If the person has not been cited for a violation of this section in the previous one (1) year, a civil penalty of up to four hundred dollars ($400). (2) If the person has had one (1) violation in the previous one (1) year, a civil penalty of up to eight hundred dollars ($800). (3) If the person has had two (2) viola tions in the previous one (1) year, a civil penalty of up to one thousand four hundred dollars ($1,400). (4) If the person has had three (3) or more violations in the previous one (1) year, a civil penalty of up to two thousand dollars ($2,000). A person may not be cited more than once every twenty-four (24) hours. (e) Notwithstanding IC 34-28-5-5(c), civil penalties collected under this section must be deposited in the Richard D. Doyle youth tobacco education and enforcement fund established under IC 7.1-6-2-6. (f) A person who violates subsection (a) at least six (6) times in any one (1) year period com mits habitual illegal entrance by a minor, a Class B infraction. 35-46-1-12. Exploitation of a dependent or an endangered adult. (a) The following definitions apply through out this section: (1) “Person in a position of trust” means a person who has or had: (A) the care of: (i) an endangered adult; or (ii) a dependent; Whether assumed, voluntarily or because of a legal obligation; or (B)a professional relationship with: (i) an endangered adult; or (ii) a dependent; That may permit the person to exert undue influence over the endangered adult or dependent. (2) “ Self dealing” means a person using the property of another person to gain a benefit that is grossly disproportionate to