SENATE JUDICIARY COMMITTEE
STATEMENT TO
SENATE, No. 1887
STATE OF NEW JERSEY
DATED: JUNE 13, 2024
The Senate Judiciary Committee reports favorably Senate Bill No.
1887.
This bill creates the offense of financial exploitation of the elderly.
Under the bill, a person obtains property by financial exploitation of
the elderly when, being a person in a position of trust, the person
compels or induces an elderly person to deliver such property to the
person or to a third person by means of fraud, false promise, extortion
or intimidation.
An “elderly person” is defined as any person who is 60 years of
age or older and is suffering from a disease or infirmity associated
with advanced age or who suffers from a mental disease, defect or
condition which renders the person incapable of deciding whether to
give or withhold consent to taking, obtaining or withholding of his or
her property. A "person in a position of trust" means a person who:
(a) is the parent, spouse, adult child or other relative by blood or
affinity of an elderly person; or (b) is a joint tenant or tenant in
common with an elderly person; or (c) has a fiduciary obligation to an
elderly person; or (d) receives monetary or other valuable
consideration for providing care for the elderly person ; or (e) lives
with or provides some component of home care services on a
continuing basis to the elderly person including, but not limited to, a
neighbor or friend who does not provide such services but has access
to the elderly person based on such relationship.
The offense would be graded as a crime of the third degree
punishable by a term of imprisonment of three to five years, a fine of
up to $15,000, or both, when the amount involved is at least $200 but
does not exceed $500. Currently, a theft of this amount is graded as a
crime of the fourth degree, punishable by a term of imprisonment of
up to 18 months, a fine of up to $10,000, or both. When the act
involving an elderly person resulted in the theft of an amount that is
less than $200, it would be graded as a crime of the fourth degree
subject to the aforementioned level of punishment for this degree of
crime. A theft of this smaller amount is currently graded as a
disorderly persons offense, punishable by a term of imprisonment of
up to six months, a fine of up to $1,000, or both.
The theft of more than $500 but less than $75,000 from any victim,
including an elderly person, would continue to be a crime of the third
degree, and the theft of more than $75,000 from any victim would 2
continue to be a crime of the second degree.
This bill was prefiled for introduction in the 2024-2025 session
pending technical review. As reported, the bill includes the changes
required by technical review, which has been performed.