Texas Penal Code 32.55 – Financial Abuse of Elderly Individual
WHAT IS FINANCIAL ABUSE OF ELDERLY INDIVIDUAL IN TEXAS?
The Texas law against financial abuse of an elderly individual prohibits knowingly engaging in the wrongful taking, appropriation, obtaining, retention, or use of money or other property of an elderly person or for a person who knowingly assists in such conduct, by any means, including by exerting undue influence and by financial exploitation.
- What is financial exploitation? Texas Penal Code Section 32.55 defines “financial exploitation” as the wrongful taking, appropriation, obtaining, retention, or use of money or other property of another person by a person who has a relationship of confidence or trust with the other person. A relationship of confidence or trust includes a relative, roommate, caregiver, or anyone with whom the elderly individual has a legal or fiduciary relationship.
Financial exploitation may involve coercion, manipulation, threats, intimidation, misrepresentation, or the exerting of undue influence. Financial exploitation also includes taking and spending the elderly victim’s income and assets on something other than the victim’s necessities.
WHAT IS THE FINANCIAL ABUSE OF ELDERLY INDIVIDUAL LAW IN TEXAS?
Tex. Penal Code § 32.55. FINANCIAL ABUSE OF ELDERLY INDIVIDUAL.
(c) A person commits an offense if the person knowingly engages in the financial abuse of an elderly individual.
(d) An offense under this section is:
(1) a Class B misdemeanor if the value of the property taken, appropriated, obtained, retained, or used is less than $100;
(2) a Class A misdemeanor if the value of the property taken, appropriated, obtained, retained, or used is $100 or more but less than $750;
(3) a state jail felony if the value of the property taken, appropriated, obtained, retained, or used is $750 or more but less than $2,500;
(4) a felony of the third degree if the value of the property taken, appropriated, obtained, retained, or used is $2,500 or more but less than $30,000;
(5) a felony of the second degree if the value of the property taken, appropriated, obtained, retained, or used is $30,000 or more but less than $150,000; and
(6) a felony of the first degree if the value of the property taken, appropriated, obtained, retained, or used is $150,000 or more.
(e) A person who is subject to prosecution under both this section and another section of this code may be prosecuted under either section or both sections.
WHAT IS THE PENALTY CLASS FOR FINANCIAL ABUSE OF ELDERLY INDIVIDUAL IN TEXAS?
Financial abuse of an elderly individual depends on the value of the property taken, appropriated, obtained, retained, or used.
- Class B misdemeanor, punishable by up to 180 days in county jail, if:
- the value of the property taken, appropriated, obtained, retained, or used is less than $100;
- Class A misdemeanor, punishable by up to one year in county jail, if:
- the value of property taken, appropriated, obtained, retained, or used is $100 or more but less than $750;
- State jail felony, punishable by 180 days to two years in a state jail facility, if:
- the value of property taken, appropriated, obtained, retained, or used is $750 or more but less than $2,500;
- Third degree felony, punishable by two to ten years in prison, if:
- the value of property taken, appropriated, obtained, retained, or used is $2,500 or more but less than $30,000;
- Second degree felony, punishable by two to 20 years in prison, if:
- the value of property taken, appropriated, obtained, retained, or used is $30,000 or more but less than $150,000;
- First degree felony, punishable by five to 99 years or life in prison, if:
- the value of property taken, appropriated, obtained, retained, or used is $150,000 or more.
WHAT IS THE PUNISHMENT RANGE FOR FINANCIAL ABUSE OF ELDERLY INDIVIDUAL IN TEXAS?
The punishment range for financial abuse of an elderly individual depends on the value of property taken, appropriated, obtained, retained, or used. If the value is:
- Class B misdemeanor (value of less than $100):
- up to 180 days in jail, maximum $2,000 fine;
- Class A misdemeanor (value of $100 or must but less than $750):
- up to one year in jail, maximum $4,000 fine;
- State jail felony (value of $750 or more but less than $2,500):
- 180 days to two years in a state jail facility, maximum $10,000 fine;
- Third degree felony (value of $2,500 or more but less than $30,000):
- two to ten years in prison, maximum $10,000 fine;
- Second degree felony (value of $30,000 or more but less than $150,000):
- two to 20 years in prison, maximum $10,000 fine;
- First degree felony (value of $150,000 or more):
- five to 99 years or life in prison, maximum $10,000 fine.
WHAT ARE THE PENALTIES FOR FINANCIAL ABUSE OF ELDERLY INDIVIDUAL IN TEXAS?
A person charged with financial abuse of an elderly individual may be eligible for probation after a conviction, or deferred adjudication without a conviction.
The period of community supervision for a Class A or Class B misdemeanor may not exceed two years, and the judge may order up to 30 days in jail as a condition of probation. For a state jail felony, the period of community supervision may range between two and five years, with the possibility of extending supervision for up to ten years.
If a person is placed on probation for financial abuse of an elderly charged as a third degree felony, the probation period may be between two and five years. If, however, the person is granted deferred adjudication for a third degree felony, the period may not exceed ten years.
The period of either type of community supervision for a first degree or second degree felony financial abuse of an elderly individual may not exceed ten years, and the judge may order up to 180 days in jail as a condition of community supervision.
WHAT ARE THE DEFENSES TO FINANCIAL ABUSE OF ELDERLY INDIVIDUAL IN TEXAS?
The statute does not authorize specific defenses to financial abuse of an elderly individual. A person accused thereof may attempt to negate at least one of the elements the State must prove at trial.
WHAT IS THE STATUTE OF LIMITATIONS FOR FINANCIAL ABUSE OF ELDERLY INDIVIDUAL IN TEXAS?
The limitation period for financial abuse of an elderly individual classified as a misdemeanor is two years. If it is categorized as a felony, the limitation period is three years.
FINANCIAL ABUSE OF ELDERLY INDIVIDUAL IN TEXAS
The Texas Legislature enacted the law punishing financial abuse of an elderly individual in 2021 to address widespread financial scams targeting the vulnerable elderly population.
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CHARGES DISMISSED
DRIVING WHILE INTOXICATED .15
Driving facts involved failing to maintain a single lane and speeding. Client refused breath test and forced law enforcement to obtain search warrant for blood. Blood test result was not used after challenge from Defense, and State waived and abandoned charge.
CHARGES DISMISSED
DRIVING UNDER THE INFLUENCE
Client was a college student, worried about the collateral consequences of an alcohol offense. After negotiation and review of the traffic stop, the case was dismissed. Client received no criminal conviction. The charge was later expunged and deleted from client’s record.
CHARGES DISMISSED
DRIVING WHILE INTOXICATED .15+
Client was involved in minor accident. Client was at fault in accident. A young executive, client was concerned that a criminal conviction for DWI would result in termination. After review of the traffic stop, it was clear the officer lacked probable cause for arrest. State eventually dismissed DWI charge. Client received no criminal conviction.
CHARGES DISMISSED
DWI 2nd
Client, a military veteran, was facing up to one year in jail. State could not prove intoxication by alcohol, and was prepared to proceed on loss of use by marijuana. After challenging the State to prove that marijuana was ingested at or near time of driving, and that marijuana impaired client’s driving, the State dismissed the case on the day of trial.
CHARGES DISMISSED
DRIVING UNDER THE INFLUENCE
Driving facts involved a false claim by police that taillight was out. After challenging the reasonable suspicion for the traffic stop, the State was forced to dismiss the case when video did not match police report. Client has since expunged arrest, and has no criminal record.
CHARGES DISMISSED
DRIVING UNDER THE INFLUENCE
Client is a public school teacher and faced immediate termination upon conviction. The facts of the case were bad. State was unwilling to budge in negotiation, and matter was set for trial – the last shot at avoiding a conviction and preserving client’s livelihood. State was forced to dismiss on day of trial. Client has no criminal record, and has since expunged the DWI arrest.
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