| Minnesota Criminal Justice Statute Service | Bureau of Criminal Apprehension

609.2335.1(1)

Statute ID: 13022

Statute Function ID: 28542

Financial Exploitation-Vulnerable Adult-Breach of Fiduciary Obligation

In Effect

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Details are only available for Penalty and Charging Statutes.

Statute Number:

609.2335.1(1)

Enactment Date:

May 18, 2009

Effective Date:

Aug 1, 2009

Expiration Date:

Repealed?:

Summary Text:

Financial Exploitation-Vulnerable Adult-Breach of Fiduciary Obligation

Statute ID:

13022

Created:

Jul 21, 2009 by mnjis.legal.analyst@state.mn.us

Updated:

Jul 21, 2009 by mnjis.legal.analyst@state.mn.us

Last Update Action:

Corrected

Legal Analyst Comment:

Correction to Legislative Text

Summary Text:

Financial Exploitation-Vulnerable Adult-Breach of Fiduciary Obligation

Link to MN Statute Text:

https://www.revisor.leg.state.mn.us/stats/609/2335.html

Legislative Session:

2009 - Regular

Session Law Text?:

Statute text last updated on:

Jul 21, 2009

Whoever does any of the following acts commits the crime of financial exploitation:
(1) in breach of a fiduciary obligation recognized elsewhere in law, including pertinent regulations, contractual obligations, documented consent by a competent person, or the obligations of a responsible party under section 144.6501 intentionally:
(i) fails to use the real or personal property or other financial resources of the vulnerable adult to provide food, clothing, shelter, health care, therapeutic conduct, or supervision for the vulnerable adult; 
(ii) uses, manages, or takes either temporarily or permanently the real or personal property or other financial resources of the vulnerable adult, whether held in the name of the vulnerable adult or a third party, for the benefit of someone other than the vulnerable adult; or
(iii) deprives either temporarily or permanently a vulnerable adult of the vulnerable adult's real or personal property or other financial resources, whether held in the name of the vulnerable adult or a third party, for the benefit of someone other than the vulnerable adult; or
(2) in the absence of legal authority:
(i) acquires possession or control of an interest in real or personal property or other financial resources of a vulnerable adult, whether held in the name of the vulnerable adult or a third party, through the use of undue influence, harassment, or duress; 
(ii) forces, compels, coerces, or entices a vulnerable adult against the vulnerable adult's will to perform services for the profit or advantage of another; or
(iii) establishes a relationship with a fiduciary obligation to a vulnerable adult by use of undue influence, harassment, duress, force, compulsion, coercion, or other enticement.