State of North Carolina

(a) The following definitions apply in this section: (1) Disabled adult. – A person 18 years of age or older or a lawfully emancipated minor who is present in the State of North Carolina and who is physically or mentally incapacitated as defined in G.S. 108A-101(d). (2) Older adult. – A person 65 years of age or older. (b) It is unlawful for a person: (i) who stands in a position of trust and confidence with an older adult or disabled adult, or (ii) who has a business relationship with an older adult or disabled adult to knowingly, by deception or intimidation, obtain or use, or endeavor to obtain or use, an older adult’s or disabled adult’s funds, assets, or property with the intent to temporarily or permanently deprive the older adult or disabled adult of the use, benefit, or possession of the funds, assets, or property, or to benefit someone other than the older adult or disabled adult. (c) It is unlawful for a person to knowingly, by deception or intimidation, obtain or use, endeavor to obtain or use, or conspire with another to obtain or use an older adult’s or disabled adult’s funds, assets, or property with the intent to temporarily or permanently deprive the older adult or disabled adult of the use, benefit, or possession of the funds, assets, or property, or benefit someone other than the older adult or disabled adult. This subsection shall not apply to a person acting within the scope of that person’s lawful authority as the agent for the older adult or disabled adult. (d) A violation of subsection (b) of this section is punishable as follows: (1) If the funds, assets, or property involved in the exploitation of the older adult or disabled adult is valued at one hundred thousand dollars ($100,000) or more, then the offense is a Class F felony. (2) If the funds, assets, or property involved in the exploitation of the older adult or disabled adult is valued at twenty thousand dollars ($20,000) or more but less than one hundred thousand dollars ($100,000), then the offense is a Class G felony. (3) If the funds, assets, or property involved in the exploitation of the older adult or disabled adult is valued at less than twenty thousand dollars ($20,000), then the offense is a Class H felony. (e) A violation of subsection (c) of this section is punishable as follows: (1) If the funds, assets, or property involved in the exploitation of the older adult or disabled adult is valued at one hundred thousand dollars ($100,000) or more, then the offense is a Class G felony. (2) If the funds, assets, or property involved in the exploitation of the older adult or disabled adult is valued at twenty thousand dollars ($20,000) or more but less than one hundred thousand dollars ($100,000), then the offense is a Class H felony. (3) If the funds, assets, or property involved in the exploitation of the older adult or disabled adult is valued at less than twenty thousand dollars ($20,000), then the offense is a Class I felony. (f) If a person is charged with a violation of this section that involves funds, assets, or property valued at more than five thousand dollars ($5,000), the district attorney may file a petition in the pending criminal proceeding before the court with jurisdiction over the pending charges to freeze the funds, assets, or property of the defendant in an amount up to one hundred fifty percent (150%) of the alleged value of funds, assets, or property in the defendant’s pending criminal proceeding for purposes of restitution to the victim. The standard of proof required to freeze the defendant’s funds, assets, or property shall be by clear and convincing evidence. The G.S. 14-112.2 Page 2 procedure for petitioning the court under this subsection shall be governed by G.S. 14-112.3. (2005-272, s. 2; 2006-264, s. 99; 2013-203, s. 1; 2013-337, s. 1.)

(a) Abuse. – A person is guilty of abuse if that person is a caretaker of a disabled or
elder adult who is residing in a domestic setting and, with malice aforethought, knowingly and
willfully: (i) assaults, (ii) fails to provide medical or hygienic care, or (iii) confines or restrains
the disabled or elder adult in a place or under a condition that is cruel or unsafe, and as a result
of the act or failure to act the disabled or elder adult suffers mental or physical injury.
If the disabled or elder adult suffers serious injury from the abuse, the caretaker is guilty of
a Class F felony. If the disabled or elder adult suffers injury from the abuse, the caretaker is
guilty of a Class H felony.
A person is not guilty of an offense under this subsection if the act or failure to act is in
accordance with G.S. 90-321 or G.S. 90-322.
(b) Neglect. – A person is guilty of neglect if that person is a caretaker of a disabled or
elder adult who is residing in a domestic setting and, wantonly, recklessly, or with gross
carelessness: (i) fails to provide medical or hygienic care, or (ii) confines or restrains the
disabled or elder adult in a place or under a condition that is unsafe, and as a result of the act or
failure to act the disabled or elder adult suffers mental or physical injury.
If the disabled or elder adult suffers serious injury from the neglect, the caretaker is guilty
of a Class G felony. If the disabled or elder adult suffers injury from the neglect, the caretaker
is guilty of a Class I felony.
A person is not guilty of an offense under this subsection if the act or failure to act is in
accordance with G.S. 90-321 or G.S. 90-322.
(c) Repealed by Session Laws 2005-272, s. 1, effective December 1, 2005, and
applicable to offenses committed on or after that date.
(d) Definitions. – The following definitions apply in this section:
(1) Caretaker. – A person who has the responsibility for the care of a disabled or
elder adult as a result of family relationship or who has assumed the
responsibility for the care of a disabled or elder adult voluntarily or by
contract.
(2) Disabled adult. – A person 18 years of age or older or a lawfully
emancipated minor who is present in the State of North Carolina and who is
physically or mentally incapacitated as defined in G.S. 108A-101(d).
(3) Domestic setting. – Residence in any residential setting except for a health
care facility or residential care facility as these terms are defined in G.S.
14-32.2.
(4) Elder adult. – A person 60 years of age or older who is not able to provide
for the social, medical, psychiatric, psychological, financial, or legal services
necessary to safeguard the person’s rights and resources and to maintain the
person’s physical and mental well-being. (1995, c. 246, s. 1; 1995 (Reg.
Sess., 1996), c. 742, s. 9; 2005-272, s. 1.)