CRIMINAL LAWAND PROCEDURE
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rettes through a self-service display, other than a
coin operated machine operated under IC 35-46-
1-11 or IC 35-46-1-11.5, commits a Class C infrac-
tion.
(d) Notwithstanding IC 34-28-5-5(c), civil
penalties collected under this section must be
deposited in the Richard D. Doyle youth tobacco
education and enforcement fund (IC 7.1-6-2-6).
35-46-1-12. Exploitation of a dependent or an
endangered adult.
(a) Except as provided in subsection (b), a
person who recklessly, knowingly, or intentionally
exerts unauthorized use of the personal services
or the property of:
(1) an endangered adult; or
(2) a dependent eighteen (18) years of age
or older;
for the person’s own profit or advantage or for the
profit or advantage of another person commits
exploitation of a dependent or an endangered
adult, a Class A misdemeanor.
(b) The offense described in subsection (a) is
a Level 6 felony if:
(1) the fair market value of the personal
services or property is more than ten thou-
sand dollars ($10,000); or
(2) the endangered adult or dependent is at
least sixty (60) years of age.
(c) Except as provided in subsection (d), a
person who recklessly, knowingly, or intentionally
deprives an endangered adult or a dependent of the
proceeds of the endangered adult’s or the depen-
dent’s benefits under the Social Security Act or
other retirement program that the division of fam-
ily resources has budgeted for the endangered
adult’s or dependent’s health care commits finan-
cial exploitation of an endangered adult or a
dependent, a Class A misdemeanor.
(d) The offense described in subsection (c) is
a Level 6 felony if:
(1) the amount of the proceeds is more
than ten thousand dollars ($10,000); or
(2) the endangered adult or dependent is at
least sixty (60) years of age.
(e) It is not a defense to an offense committed
under subsection (b)(2) or (d)(2) that the accused
person reasonably believed that the endangered
adult or dependent was less than sixty (60) years
of age at the time of the offense.
(f) It is a defense to an offense committed
under subsection (a), (b), or (c) 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 endan-
gered adult or dependent; and
(2) was acting within the scope of the
accused person’s fiduciary responsibility.
35-46-1-13. Failure to report battery, neglect
or exploitation of an endangered
adult.
(a) A person who:
(1) believes or has reason to believe that an
endangered adult is the victim of battery,
neglect, or exploitation as prohibited by
this chapter, IC 35-42-2-1(a)(2)(C), or IC
35-42-2-1(a)(2)(E); and
(2) knowingly fails to report the facts sup-
porting that belief to the division of dis-
ability and rehabilitative services, the
division of aging, the adult protective serv-
ices unit designated under IC 12-10-3, or
a law enforcement agency having juris-
diction over battery, neglect, or exploita-
tion of an endangered adult;
commits a Class B misdemeanor.
(b) An officer or employee of the division or
adult protective services unit who unlawfully dis-
closes information contained in the records of
the division of aging under IC 12-10-3-12 through
IC 12-10-3-15 commits a Class C infraction.
(c) A law enforcement agency that receives a
report that an endangered adult is or may be a vic-
tim of battery, neglect, or exploitation as prohib-
ited by this chapter, IC 35-42-2-1(a)(2)(C), or IC
35-42-2-1(a)(2)(E) shall immediately communi-
cate the report to the adult protective services
unit designated under IC 12-10-3.
(d) An individual who discharges, demotes,
transfers, prepares a negative work performance
evaluation, reduces benefits, pay, or work privi-
leges, or takes other action to retaliate against an
individual who in good faith makes a report under
IC 12-10-3-9 concerning an endangered individ-
ual commits a Class A infraction.
35-46-1-14. Immunity from civil or criminal
liability for reporting.
