RS 14:93.4

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RS 14:93.4

§93.4. Exploitation of elderly persons or persons with infirmities

A. Exploitation of elderly persons or persons with infirmities is:

(1)The intentional expenditure, diminution, or use by any person, including a caregiver, of the property or assets of a person with an infirmity, an adult with a disability, or a person who is elderly, including but not limited to a resident of a nursing home, facility for persons with intellectual disabilities, mental health facility, hospital, or other residential facility without the express voluntary consent of the resident or the consent of a legally authorized representative of an incompetent resident, or by means of fraudulent conduct, practices, or representations.

(2)The financial exploitation of elderly persons or persons with an infirmity as defined in R.S. 6:1372.

(3)The use of the power of attorney or guardianship of a person with an infirmity, a person who is elderly, or an adult with a disability for one's own profit or advantage by means of fraudulent conduct, practices, or representations.

B.(1) Whoever commits the crime of exploitation of elderly persons or persons with infirmities shall be fined not more than ten thousand dollars or imprisoned, with or without hard labor, for not more than ten years, or both.

(2)Upon a second or subsequent conviction of a violation of the provisions of this Section, the offender shall be imprisoned, with or without hard labor, for not less than one year nor more than ten years and may, in addition, be required to pay a fine of not more than twenty thousand dollars.

C. Whoever is convicted, or who enters a plea agreement for exploitation of an elderly person or persons with infirmities shall be prohibited from having access to the assets or property of the victim or of any other person with a disability or person who is elderly. The offender shall be prohibited from being appointed as a power of attorney or guardian for the victim or any other person with a disability or person who is elderly. The provisions of this Subsection shall not be construed to prohibit the offender from inheriting from the victim with an infirmity or from a victim who is elderly.

D. In addition to the penalties provided in Subsections B and C of this Section, a person convicted under the provisions of this Section shall be ordered to make full restitution to the victim and any other person who has suffered a financial loss as a result of the offense in accordance with Code of Criminal Procedure Article 883.2.

Acts 1992, No. 309, §1; Acts 1994, 3rd Ex. Sess., No. 26, §1; Acts 1995, No. 883, §1; Acts 1999, No. 1044, §1; Acts 2014, No. 811, §6, eff. June 23, 2014; Acts 2025, No. 186, §1.