(720 ILCS 5/17-56) (was 720 ILCS 5/16-1.3)

(Text of Section before amendment by P.A. 103-293)
Sec. 17-56.

Financial exploitation of an elderly person or a
person with a disability.

(a) A person commits financial exploitation of an elderly
person or a person with a disability when he or she stands in a
position of trust
or confidence with the
elderly person or a person with a disability
and he
or she knowingly:

(1) by deception or intimidation obtains control over the property of an elderly person

or a person with a disability; or

(2) illegally uses the assets or resources of an elderly person or a person with a

disability.

(b) Sentence. Financial exploitation of an elderly person or a person
with a
disability is: (1) a Class 4
felony if the value of the property is $300 or less, (2) a Class 3 felony if
the value of the property is more than $300 but less than $5,000, (3) a Class 2
felony if the value of the property is $5,000 or more but less than
$50,000, and (4) a Class 1 felony if the value of the property is $50,000 or more
or if the elderly person is over 70 years of age and the value of the
property is $15,000 or more or if the elderly person is 80 years of age or
older and the value of the property is $5,000 or more.

(c) For purposes of this Section:

(1) "Elderly person" means a person 60
years of age or older.

(2) "Person with a disability" means a person who suffers from a physical or mental

impairment resulting from disease, injury, functional disorder or congenital condition that impairs the individual's mental or physical ability to independently manage his or her property or financial resources, or both.

(3) "Intimidation" means the communication to an elderly person or a person with a

disability that he or she shall be deprived of food and nutrition, shelter, prescribed medication or medical care and treatment or conduct as provided in Section 12-6 of this Code.

(4) "Deception" means, in addition to its meaning as defined in Section 15-4 of this

Code, a misrepresentation or concealment of material fact relating to the terms of a contract or agreement entered into with the elderly person or person with a disability or to the existing or pre-existing condition of any of the property involved in such contract or agreement; or the use or employment of any misrepresentation, false pretense or false promise in order to induce, encourage or solicit the elderly person or person with a disability to enter into a contract or agreement.

The illegal use of the assets or resources of an
elderly person or a person with a disability includes, but is not limited
to, the misappropriation of those assets or resources by undue influence,
breach of a fiduciary relationship, fraud, deception, extortion, or
use of the assets or resources contrary to law.

A person stands in a position of
trust and confidence with an elderly person or person with a
disability when he (i) is a
parent, spouse, adult child or other relative by blood or marriage of the
elderly person or person with a disability, (ii) is a joint
tenant or
tenant in common with
the elderly person or person with a disability, (iii) has
a legal or
fiduciary relationship
with the elderly person or person with a disability, (iv) is a financial
planning or investment professional, (v) is a paid or unpaid caregiver for the elderly person or person with a disability, or (vi)  is a friend or acquaintance in a position of trust.

(d) Limitations. Nothing in this Section shall be construed to limit the remedies
available to the victim under the Illinois Domestic Violence Act of 1986.

(e) Good faith efforts. Nothing in this Section shall be construed to impose criminal
liability on a person who has made a good faith effort to assist the
elderly person or person with a disability in the
management of his or her
property, but through
no fault of his or her own has been unable to provide such assistance.

(f) Not a defense. It shall not be a defense to financial exploitation of an elderly
person or person with a disability that the accused reasonably believed
that the victim was
not an elderly person or person with a disability. Consent is not a defense to financial exploitation of an elderly person or a person with a disability if the accused knew or had reason to know that the elderly person or a  person with a disability lacked capacity to consent.

(g) Civil Liability.  A civil cause of action exists for financial exploitation of an elderly person or a
person with a disability as described in subsection (a) of this Section. A person against whom a civil judgment has been entered for financial exploitation of an elderly person
or person with a disability shall be liable to the victim or to the estate of the
victim in damages of treble the amount of the value of the property
obtained, plus reasonable attorney fees and court costs.  In a civil action under this subsection, the burden of
proof that the defendant committed financial exploitation of an elderly person or a
person with a disability as described in subsection (a) of this Section shall be
by a preponderance of the evidence.  This subsection shall be operative
whether or not the defendant has been charged or convicted of the criminal offense as described in subsection (a) of this Section. This subsection (g) shall not limit or affect the right of any person to bring any cause of action or seek any remedy available under the common law, or other applicable  law, arising out of the financial exploitation of an elderly person or a person with a disability.

(h)  If a person is charged with financial exploitation of an elderly person or a person with a disability that involves the taking or loss of property valued at more than $5,000, a prosecuting attorney may file a petition with the circuit court of the county in which the defendant has been charged to freeze the assets of the defendant in an amount equal to but not greater than the alleged value of lost or stolen property in the defendant's pending criminal proceeding for purposes of restitution to the victim.  The burden of proof required to freeze the defendant's assets shall be by a preponderance of the evidence.

(Source: P.A. 101-394, eff. 1-1-20; 102-244, eff. 1-1-22.)

(Text of Section after amendment by P.A. 103-293)
Sec. 17-56.

Financial exploitation of an elderly person or a
person with a disability.

(a) A person commits financial exploitation of an elderly
person or a person with a disability when he or she stands in a
position of trust
or confidence with the
elderly person or a person with a disability
and he
or she knowingly: