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RayAnswers, Lawyer
Category: Criminal Law
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Experience:  licensed attorney in criminjal law for 30 years
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On my previous question you mentioned the crime as being

Customer Question

Hi!. On my previous question you mentioned the crime as being financial exploitation of a vulnerable adult. what exactly would the criminal charge be? what constitutes Financial exploitation of vulnerable adult? how much prison time is that?
Submitted: 1 month ago.
Category: Criminal Law
Expert:  RayAnswers replied 1 month ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  RayAnswers replied 1 month ago.

30-16-6. Fraud.

A. Fraud consists of the intentional misappropriation or taking of anything of value that belongs to another by means of fraudulent conduct, practices or representations.

B. Whoever commits fraud when the value of the property misappropriated or taken is two hundred fifty dollars ($250) or less is guilty of a petty misdemeanor.

C. Whoever commits fraud when the value of the property misappropriated or taken is over two hundred fifty dollars ($250) but not more than five hundred dollars ($500) is guilty of a misdemeanor.

D. Whoever commits fraud when the value of the property misappropriated or taken is over five hundred dollars ($500) but not more than two thousand five hundred dollars ($2,500) is guilty of a fourth degree felony.

E. Whoever commits fraud when the value of the property misappropriated or taken is over two thousand five hundred dollars ($2,500) but not more than twenty thousand dollars ($20,000) is guilty of a third degree felony.

F. Whoever commits fraud when the value of the property misappropriated or taken exceeds twenty thousand dollars ($20,000) is guilty of a second degree felony.

G. Whoever commits fraud when the property misappropriated or taken is a firearm that is valued at less than two thousand five hundred dollars ($2,500) is guilty of a fourth degree felony.

Expert:  RayAnswers replied 1 month ago.

More possibilities embezzlement, larceny, extortion here under NM law

http://law.justia.com/codes/new-mexico/2006/nmrc/jd_ch30art16-c46b.html

I appreciate the chance to help you today.

Customer: replied 1 month ago.

Since this happened in New York city do the same felony rules apply? How much time could be served in New York for 3rd degree felony??

Expert:  RayAnswers replied 1 month ago.

See page 2 here for similar crimes of

exploitation in NY

https://www.nycourts.gov/courts/nyc/housing/pdfs/gal%20pdfs/ELDER_ABUSE_WORKSHOP_INFORMATION.pdfis a

It is actually even stricter crimes in NY under the law.