A BILL TO BE ENTITLED
AN ACT TO make it unlawful for a caretaker to exploit an elder or disabled adult in any setting.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 14‑32.3(c) reads as rewritten:
"§ 14‑32.3.  Domestic abuse, neglect, and exploitation of disabled or elder adults.
…
(c)	Exploitation. – A person is guilty of exploitation if that person is a caretaker of a disabled or elder adult and knowingly, willfully and with the intent to permanently deprive the owner of property or money: (i) makes a false representation, (ii) abuses a position of trust or fiduciary duty, or (iii) coerces, commands, or threatens, and, as a result of the act, the disabled or elder adult gives or loses possession and control of property or money.
If the loss of property or money is of a value of more than one thousand dollars ($1,000) the caretaker is guilty of a Class H felony. If the loss of property or money is of a value of one thousand dollars ($1,000) or less, the caretaker is guilty of a Class 1 misdemeanor."
SECTION 2.  This act becomes effective December 1, 2005, and applies to offenses committed on and after that date.