33.4 EXPLOITATION OF [AN ELDERLY PERSON] [A DISABLED ADULT]

To prove the crime of Exploitation of [an Elderly Person] [Disabled Adult], the State must prove the following [three] [four] elements beyond a reasonable doubt:

Give as applicable.

§ 825.103(1)(a), Fla. Stat.

1. (Victim) was [an elderly person] [a disabled adult].

2. (Defendant) knowingly [obtained or used] [endeavored to obtain or use] (victim’s) [funds] [assets] [property].

3. (Defendant) did so with the intent to

Give as applicable.

a. temporarily or permanently deprive (victim) of the use, benefit, or possession of [his] [her] [funds] [assets] [property];

b. benefit someone other than (victim).

4. At the time, (defendant) [stood in a position of trust and confidence] [had a business relationship] with (victim).

§ 825.103(1)(b), Fla. Stat.

1. (Victim) was [an elderly person] [a disabled adult].

2. (Defendant) [obtained or used] [endeavored to obtain or use] [conspired with another to obtain or use] (victim’s) [funds] [assets] [property].

3. (Defendant) did so with the intent to

Give as applicable.

a. temporarily or permanently deprive (victim) of the use, benefit, or possession of [his] [her] [funds] [assets] [property];

b. benefit someone other than (victim).

4. At the time, (defendant) knew or reasonably should have known that (victim) lacked the capacity to consent.

§ 825.103(1)(c), Fla. Stat.

1. (Victim) was [an elderly person] [a disabled adult].

2. (Defendant) was (victim’s) [guardian] [trustee] [agent under a power of attorney].

3. (Defendant) breached a fiduciary duty to (victim).

4. As a result, there was an unauthorized [appropriation] [sale] [transfer] of (victim’s) property.

§ 825.103(1)(d), Fla. Stat.

1. (Victim) was [an elderly person] [a disabled adult].

2. (Defendant) [misappropriated] [misused] [transferred without authorization] money belonging to (victim) from a [personal account] [joint account created with the intent that only (victim) enjoyed all rights, interests, and claims to moneys deposited in such account] [convenience account].

3. (Victim) placed the funds, owned the funds, and was the sole [contributor] [payee] of the funds before the [misappropriation] [misuse] [unauthorized transfer].

§ 825.103(1)(e), Fla. Stat.

1. (Victim) was [an elderly person] [a disabled adult].

2. (Defendant) [intentionally] [negligently] failed to effectively use (victim’s) income and assets for the necessities required for (victim’s) support and maintenance.

3. At the time, (defendant) was a [caregiver] [person who stood in a position of trust and confidence] with (victim).

Give if applicable. Note: The statutory inference does not apply to persons in the business of making loans or to bona fide charitable donations to nonprofit organizations that qualify for tax exempt status under the Internal Revenue Code. § 825.103(2)(b), Fla. Stat.

You may, but are not required to, draw an inference of exploitation of (victim), if you find the State has proved beyond a reasonable doubt that:

a. (Victim) was 65 years or older;

b. (Defendant) was a nonrelative of (victim);

c. (Victim), while still alive, transferred [money] [property] valued in excess of $10,000 in [a single transaction] [multiple transactions] to (defendant);

d. (Victim) knew (defendant) for fewer than 2 years before the first transfer; and

e. (Victim) did not receive the reasonably equivalent financial value in [goods] [services].

If you find (defendant) guilty of Exploitation of [an Elderly Person] [a Disabled Adult], you must then determine whether the State has proven beyond a reasonable doubt that:

a. the [funds] [assets] [property] involved in the exploitation of the [elderly person] [disabled adult] [is] [are] valued at $50,000 or more;

b. the [funds] [assets] [property] involved in the exploitation of the [elderly person] [disabled adult] [is] [are] valued at $10,000 or more, but less than $50,000;

c. the [funds] [assets] [property] involved in the exploitation of the [elderly person] [disabled adult] [is] [are] valued at less than $10,000.