§ 720 ILCS 5/17-56 – Financial Exploitation of an Elderly Person or a Person with a Disability

720 ILCS 5/17-56 – Financial Exploitation of an Elderly Person or a Person with a Disability

This law makes it a crime to take advantage of, trick, or misuse the money or property of an older adult or a person with a disability.

This Illinois law says it is against the law for someone in a position of trust to steal, trick, or unfairly use the money or property of an elderly person or a person with a disability. Penalties depend on how much was taken.

(a) A person breaks this law when they are trusted by an elderly person or person with a disability and they knowingly:

Use lies or threats to take control of that person’s property; or
Illegally use that person’s money or belongings.

(b) Sentence: The punishment depends on how much was taken:

Class 4 felony – when the property value is $300 or less.
Class 3 felony – when the property value is more than $300 but less than $5,000.
Class 2 felony – when the property value is $5,000 or more but less than $50,000.
Class 1 felony – when the property value is $50,000 or more, or when the victim is 70 or older and the value is $15,000 or more, or 80 or older and the value is $5,000 or more.

(c) Definitions for this section:

“Elderly person” means someone who is 60 years old or older.
“Person with a disability” means someone with a physical or mental condition that makes it hard to handle their money or property alone.
“Intimidation” means threatening to take away food, housing, medicine, or medical care.
“Deception” means lying or hiding important facts to trick someone into a deal or contract.

The illegal use of an elderly or disabled person’s money or property includes stealing it through pressure, lying, or breaking trust. A person is in a position of trust if they are a:

Family member,
Roommate,
Legal helper,
Financial advisor,
Caregiver, or
Trusted friend.

(d) This law does not take away any rights or protections the victim already has under other state laws about domestic violence.

(e) A person who honestly tries to help manage an elderly or disabled person’s money, but fails through no fault of their own, is not guilty under this law.

(f) It is not a valid excuse to say the accused thought the victim was not elderly or disabled. Also, it is not a defense to say the victim agreed if the accused knew or should have known the victim could not give real consent.

(g) A person who commits financial exploitation can also be sued in civil court. If found responsible, they must pay three times the amount taken, plus attorney fees and court costs. This can happen even if they are not charged or convicted in criminal court.

(h) If someone is charged with taking $5,000 or more, the prosecutor may ask the court to freeze the accused person’s assets equal to what was taken so that money can be used to repay the victim later.

View the full statute here.