State of Indiana

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Charges

Caregiver Neglect Laws

Definition - Kidnapping
IC 35-42-3-2
Criminal confinement
IC 35-42-3-3
Neglect of a dependent; child selling
IC 35-46-1-4
Exploitation of dependent or endangered adult; financial exploitation of endangered adult; violation classification
IC 35-46-1-12
Battery, neglect, or exploitation of endangered adult or person with mental or physical disability; failure to report; unlawful disclosure; referrals; retaliation
IC 35-46-1-13
Reporting or documenting battery, neglect, or exploitation; immunity from civil or criminal liability
IC 35-46-1-14
Invasion of privacy; offense; penalties
IC 35-46-1-15.1
Violation of certain no contact orders; offense; penalty
IC 35-46-1-15.3

Emotional/Psychological Laws

Harassment
IC 35-45-2-2
Criminal Stalking
IC 35-45-10-5
Intimidation
IC 35-45-2-1

Financial Exploitation Laws

Fraud
IC 35-43-5-4
Insurance fraud; insurance application fraud
IC 35-43-5-4.5
Unlawful sale or possession of a transaction manipulation device
IC 35-43-5-4.6
Check deception
IC 35-43-5-5
Welfare fraud
IC 35-43-5-7
Medicaid fraud
IC 35-43-5-7.1
Insurance fraud
IC 35-43-5-7.2
Fraud on financial institutions
IC 35-43-5-8
Robbery
IC 35-42-5-1
Criminal mischief; institutional criminal mischief; controlled substances criminal mischief
IC 35-43-1-2
Offense against computer users
IC 35-43-1-8
Burglary
IC 35-43-2-1
Residential entry
IC 35-43-2-1.5
Criminal trespass; denial of entry; permission to enter; exceptions
IC 35-43-2-2
Computer trespass; computer hoarding programs
IC 35-43-2-3
Definitions - Theft, Conversion, and Receiving Stolen Property
IC 35-43-4-1
Theft
IC 35-43-4-2
Stolen valor fraud
IC 35-43-5-22
Notary fraud; notarial fraud
IC 35-43-5-23
Unconscionable contract
IC 35-43-6-8
Home improvement fraud; offense
IC 35-43-6-12
Home Improvement Fraud - Enhanced offenses
IC 35-43-6-13
Perjury
IC 35-44.1-2-1
Obstruction of justice
IC 35-44.1-2-2
False identity statement
IC 35-44.1-2-4
Dealing in altered property
IC 35-43-4-2.3
Auto theft; receiving stolen auto parts
IC 35-43-4-2.5
Unlawful entry of motor vehicle; defense; rebuttable presumption
IC 35-43-4-2.7
Conversion
IC 35-43-4-3
Unauthorized control over property of benefit provider; prima facie evidence
IC 35-43-4-6
Foreclosure mischief
IC 35-43-4-9
Definitions - Forgery, Fraud, and Other Deceptions
IC 35-43-5-1
Counterfeiting; false or fraudulent sales receipts; forgery; application fraud
IC 35-43-5-2
False government issued identification
IC 35-43-5-2.5
Deception
IC 35-43-5-3
Identity deception
IC 35-43-5-3.5
Synthetic identity deception
IC 35-43-5-3.8
Check fraud
IC 35-43-5-12
Deception involving out of hospital do not resuscitate declarations
IC 35-43-5-13
Making a false sales document
IC 35-43-5-16
Worker's compensation fraud
IC 35-43-5-21

Physical Abuse Laws

Strangulation
IC 35-42-2-9
Murder
IC 35-42-1-1
Causing suicide
IC 35-42-1-2
Assisting suicide
IC 35-42-1-2.5
Voluntary manslaughter
IC 35-42-1-3
Involuntary manslaughter
IC 35-42-1-4
Reckless homicide
IC 35-42-1-5
Battery
IC 35-42-2-1
Domestic battery
IC 35-42-2-1.3
Aggravated battery
IC 35-42-2-1.5
Criminal recklessness; element of hazing; liability barred for good faith report or judicial participation
IC 35-42-2-2
Provocation
IC 35-42-2-3

Sexual Abuse/Assault Laws

Promotion of human trafficking; sexual trafficking of a minor; human trafficking
IC 35-42-3.5-1
Rape
IC 35-42-4-1
Sexual battery
IC 35-42-4-8

Statutes

“Endangered Adult”

IC 12-10-3-2

“Endangered adult”
Sec. 2. (a) Except as provided in subsection (b), as used in this chapter, “endangered adult” means an individual who is:
(1) at least eighteen (18) years of age;
(2) incapable by reason of mental illness, intellectual disability, dementia, habitual drunkenness, excessive use of drugs, or other physical or mental incapacity of managing or directing the management of the individual’s property or providing or directing the provision of self-care; and
(3) harmed or threatened with harm as a result of:
(A) neglect;
(B) a battery offense included in IC 35-42-2; or
(C) exploitation of the individual’s personal services or property.
(b) For purposes of IC 12-10-3-17, IC 35-42-2-1, IC 35-42-2-1.3, and IC 35-46-1-13, “endangered adult” means an individual who is:
(1) at least eighteen (18) years of age;
(2) incapable by reason of mental illness, intellectual disability, dementia, or other physical or mental incapacity of managing or directing the management of the individual’s property or providing or directing the provision of self-care; and
(3) harmed or threatened with harm as a result of:
(A) neglect; or
(B) battery.
(c) An individual is not an endangered adult solely:
(1) for the reason that the individual is being provided spiritual treatment in accordance with a recognized religious method of healing instead of specified medical treatment if the individual would not be considered to be an endangered adult if the individual were receiving the medical treatment; or
(2) on the basis of being physically unable to provide self care when appropriate care is being provided.

Exploitation of a dependent or an endangered adult

IC 35-46-1-13

Exploitation of a dependent or an endangered adult
Sec. 12. (a) The following definitions apply throughout 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 the goods or services provided to the other person. The term does not include an incidental benefit.
(b) A person who recklessly uses or exerts control over the personal services or the property 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 of a person described in subdivision (1) or (2), commits exploitation of a dependent or an endangered adult, a Class A misdemeanor. However, the offense is a Level 6 felony if the person has a prior unrelated conviction under this section.
(c) A person in a position of trust who recklessly engages in self-dealing with the property of:
(1) an endangered adult; or
(2) a dependent;
commits exploitation of a dependent or an endangered 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 endangered adult or a dependent; and
(2) was acting within the scope of the accused person’s fiduciary responsibility.

State Mandated Reporting

Indiana

Ind. Code § 12-10-3-10
Ind. Code § 12-10-3-9

Who has to report?
(a) An individual who believes or has reason to believe that another individual is an endangered adult shall make a report under this chapter.

(b) If an individual is required to make a report under this chapter in the individual's capacity as a member of the staff of a medical or other public or private institution, school, hospital, facility, or agency, the individual shall immediately notify the individual in charge of the institution, school, hospital, facility, or agency, or the individual's designated agent, who also becomes responsible to report or cause a report to be made.

(c) This section does not relieve an individual of the obligation to report on the individual's own behalf, unless a report has already been made to the best of the individual's belief.

When to report?
Any individual who believes or has reason to believe that another individual is an endangered adult.

How to report?
Reports shall be made immediately to at least one (1) of the following:

1) The adult protective services unit.
2) A law enforcement agency.
3) The division by telephone on the statewide toll free telephone number established under section 12 of this chapter.

Indiana Adult Protective Services State Hotline: 800-922-5330

https://secure.in.gov/fssa/da/3479.htm