(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. (1) an endangered adult; or

2. (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. (1) the fair market value of the personal services or property is more than ten thousand dollars ($10,000); or
2. (2) the endangered adult or dependent is at least sixty (60) years of age.

(d) The offense described in subsection (c) is a Level 6 felony if:

1. (1) the amount of the proceeds is more than ten thousand dollars ($10,000); or
2. (2) the endangered adult or dependent is at least sixty (60) years of age.

(f) It is a defense to an offense committed under subsection (a), (b), or (c) if the accused person:

1. (1) has been granted a durable power of attorney or has been appointed a legal guardian to manage the affairs of an endangered adult or a dependent; and

2. (2) was acting within the scope of the accused person's fiduciary responsibility.

   As added by Acts 1981, P.L.299, SEC.3. Amended by P.L.185-1984, SEC.3; P.L.37-1990, SEC.26; P.L.2-1992, SEC.883; P.L.4-1993, SEC.327; P.L.5-1993, SEC.334; P.L.145-2001, SEC.1; P.L.145-2006, SEC.372; P.L.146-2008, SEC.684; P.L.158-2013, SEC.556.