NJ
New Jersey Assembly Bill A4593

New Jersey 2024-2025 Regular Session

New Jersey Assembly Bill A4593

Introduced
6/17/24  

Caption

Creates offense of financial exploitation of the elderly.

Impact

The proposed law elevates the seriousness of theft offenses committed against elderly individuals. Theft involving amounts between $200 and $500 will be classified as a third-degree crime instead of the typical fourth degree when it pertains to financial exploitation. Offenses involving amounts less than $200 will upgrade theft to a fourth-degree crime from a disorderly persons offense, thereby conveying a more stringent approach to safeguarding the elderly. The bill's implications extend to the amendment of some existing laws concerning theft and the definitions applicable therein.

Summary

Assembly Bill A4593 aims to create the offense of financial exploitation of the elderly in New Jersey. It defines an 'elderly person' as anyone aged 60 or older who suffers from a disease or condition that may impair their ability to consent regarding their property. The bill stipulates that anyone in a position of trust—such as family members, caregivers, or joint tenants—who induces an elderly person to deliver their property through means of fraud, intimidation, or extortion will be committing a crime. This reflects a significant effort to protect vulnerable populations from financial abuse in the state.

Contention

Debates regarding AB A4593 may arise around the definitions outlined in the bill, specifically what constitutes a 'person in a position of trust.' Critics could argue that the broad definitions might lead to difficulties in prosecution and may not adequately differentiate between care-seeking actions and exploitative behavior. Additionally, the modified grading of theft could face scrutiny for its potential impact on legal proceedings, arguing whether such legal distinctions sufficiently prevent exploitation without overcriminalizing legitimate caregiving interactions.

Companion Bills

NJ S1887

Same As Creates offense of financial exploitation of the elderly.

NJ S164

Carry Over Creates offense of financial exploitation of the elderly.

Previously Filed As

NJ S1887

Creates offense of financial exploitation of the elderly.

NJ S164

Creates offense of financial exploitation of the elderly.

NJ A750

Creates new offense of theft by financial exploitation of a vulnerable person.

NJ A1750

Creates new offense of theft by financial exploitation of a vulnerable person.

NJ S1207

Creates new offense of theft by financial exploitation of a vulnerable person.

NJ S1917

Creates new offense of theft by financial exploitation of a vulnerable person.

NJ HB838

In theft and related offenses, further providing for the offense of financial exploitation of an older adult or care-dependent person and providing for the offense of financial exploitation of a family or household member and for civil causes of action in cases of financial exploitation; and imposing penalties.

NJ SB00474

An Act Protecting Elderly Adults From Financial Exploitation.

NJ SB01005

An Act Protecting Elderly Consumers From Exploitation.

NJ H1545

Child Exploitation Offenses

Similar Bills

NJ S1887

Creates offense of financial exploitation of the elderly.

NJ S164

Creates offense of financial exploitation of the elderly.

NJ A1750

Creates new offense of theft by financial exploitation of a vulnerable person.

NJ A750

Creates new offense of theft by financial exploitation of a vulnerable person.

NJ S1207

Creates new offense of theft by financial exploitation of a vulnerable person.

NJ S1917

Creates new offense of theft by financial exploitation of a vulnerable person.

NJ A3169

Criminalizes failure to return erroneous person-to-person electronic payments following proper notification.

NJ S1125

Criminalizes failure to return erroneous person-to-person electronic payments following proper notification.