New Bill Would Up Penalties For Defrauding Elders: 9th District

TRENTON, NJ — New legislation introduced by 9th District Sen. Carmen Amato would increase penalties for those who financially exploit senior citizens by creating a new theft offense.

S-1887, sponsored by Amato and Sen. Troy Singleton, would create a new theft offense referred to as “financial exploitation of the elderly.” It unanimously passed the New Jersey Senate. The bill's Assembly companion legislation, A-4593, has been introduced by Asm. Brian Rumpf and Asm. Greg Myhre.

“Establishing this new offense under State law would empower law enforcement and the courts to bring to justice those found guilty of scamming vulnerable elderly persons out of their money or possessions,” Amato, Rumpf and Myhre said in a statement.

Under the delegation’s legislation, the theft offense of financial exploitation of an elderly person would be graded as a crime of the fourth degree, punishable by a term of imprisonment of up to 18 months, a fine of up to $10,000, or both, if the amount involved is less than $200. It defines an elderly person as anyone 60 or older.

When the amount involved is at least $200 but does not exceed $75,000, it would be graded as a crime of the third degree, which is punishable by a term of imprisonment of three to five years, a fine of up to $15,000, or both.

A theft involving an amount more than $75,000 would continue to be graded as a crime of the second degree, punishable by a fine of up to $150,000, a term of imprisonment of five to 10 years, or both, as it is currently.

Provisions would apply to circumstances when a person in a position of trust compels or induces an ‘elderly person’ to deliver property to the person in a position of trust or to a third person by means of fraud, false promise, extortion or intimidation. Persons in a position of trust would include, but not be limited to, a person who has a fiduciary obligation to an elderly person or who receives monetary or other valuable consideration for providing care for the elderly person.

“Individuals who commit elder fraud and prey upon the society’s most vulnerable persons must be held accountable under the law,” the delegation said.