An Act To Protect Elders and Vulnerable Adults from Exploitation
Maine Legislature, Session 126, LD 0527
Committee: Criminal Justice and Public Safety
Sponsors: DION, CAIN, CHIPMAN, EVES, FREY, GIDEON, HERBIG, PEOPLES, RANKIN, SAUCIER
Amends: 17-A MRSA §109, 17-A MRSA §903

Legislative Document 
No. 527 
H.P. 346 
House of Representatives, February 19, 2013 
An Act To Protect Elders and Vulnerable Adults from Exploitation 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative DION of Portland. 
Cosponsored by Senator CAIN of Penobscot and 
Representatives: CHIPMAN of Portland, Speaker EVES of North Berwick, FREY of Bangor, 
GIDEON of Freeport, HERBIG of Belfast, PEOPLES of Westbrook, RANKIN of Hiram, 
SAUCIER of Presque Isle. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  17-A MRSA §109, sub-§3, ¶¶B and C, as enacted by PL 1981, c. 324, 
§27, are amended to read: 
B.  It is given by a person who, by reason of intoxication, mental illness or defect, 
dementia or other cognitive impairment or youth, is manifestly unable, or known by 
the defendant to be unable, to make a reasonable judgment as to the nature or 
harmfulness of the conduct charged to constitute the crime; or 
C.  It is induced by force, duress or, deception or undue influence. 
Sec. 2.  17-A MRSA §109, sub-§4 is enacted to read: 
4.  As used in this section, "undue influence" means the misuse of real or apparent 
authority or the use of manipulation by a person in a trusting, confidential or fiduciary 
relationship with a person who has significant limitations in physical or emotional 
functioning, who is wholly or partially dependent upon that person or others for care or 
support, either emotional or physical, and who: 
A.  Is 60 years of age or older; 
B.  Is an incapacitated adult as defined in Title 22, section 3472, subsection 10; or 
C.  Is a dependent adult as defined in Title 22, section 3472, subsection 6. 
Sec. 3.  17-A MRSA §903, sub-§3, as enacted by PL 1975, c. 499, §1, is amended 
to read: 
3.    Misuse Except as provided in subsection 4, misuse of entrusted property is a 
Class D crime. 
Sec. 4.  17-A MRSA §903, sub-§4 is enacted to read: 
4.  If a person violates subsection 1 and the owner or person for whose benefit the 
property was entrusted is 60 years of age or older, an incapacitated adult as defined in 
Title 22, section 3472, subsection 10 or a dependent adult as defined in Title 22, section 
3472, subsection 6 and: 
A.  The value of the property is more than $1,000 but not more than $10,000, the 
violation of subsection 1 is a Class C crime; or 
B.  The value of the property is more than $10,000, the violation of subsection 1 is a 
Class B crime. 
SUMMARY 
This bill provides that dementia and other cognitive impairments are included in the 
concept of being manifestly unable to make a reasonable judgement regarding conduct 
that constitutes a crime when considering consent as a defense. It further provides that 
consent cannot be induced by "undue influence," which is defined to mean misuse or 
manipulation of a trusting relationship of a dependent person who has significant 
limitations and who is 60 years of age or older, an incapacitated adult or a dependent 
adult. Finally, the bill increases the crime of the misuse of entrusted property to a felony 
when the victim is 60 years of age or older, incapacitated or dependent and the value of 
the property is greater than $1,000 to be consistent with the crime of theft.