Indiana statute

Ind. Code § 35-46-1-12 — Exploitation of a dependent or an endangered adult

Current through 2026 Regular Session

Part of Chapter 1: Offenses Against the Family, Indiana Code.

Criminal charges under this statute

Exploitation of a dependent or an endangered adult

Full text of Ind. Code § 35-46-1-12

Statutory text current through the 2026 Regular Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Indiana.

Ind. Code § 35-46-1-12Primary source, current through the 2026 Regular Session

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.

Official sources

Legal terms used in this section

Questions this section answers

Is exploitation of a dependent or an endangered adult a felony or a misdemeanor in Indiana?

It depends on the circumstances: exploitation of a dependent or an endangered adult ranges from a Class A Misdemeanor to a Level 6 Felony in Indiana under Ind. Code § 35-46-1-12.

Exploitation - misuse of services or property: Class A Misdemeanor (Ind. Code § 35-46-1-12(b)) · Exploitation - misuse of services or property, repeat offender: Level 6 Felony (Ind. Code § 35-46-1-12(b)) · Exploitation - self-dealing by person in position of trust: Class A Misdemeanor (Ind. Code § 35-46-1-12(c)) · Exploitation - self-dealing, repeat offender: Level 6 Felony (Ind. Code § 35-46-1-12(c))

Which Indiana statute covers exploitation of a dependent or an endangered adult?

Exploitation of a dependent or an endangered adult is governed by Ind. Code § 35-46-1-12 (Exploitation of a dependent or an endangered adult).

This reference is informational and is not legal advice.