TITLE 16 CRIMES AND OFFENSES

Section 5. Crimes Against the Person, 16-5-1 through 16-5-110.

ARTICLE 8 PROTECTION OF ELDER PERSONS

16-5-102.1. Trafficking of a disabled adult, elder person, or resident; penalty.

1. As used in this Code section, the term:
   1. "Coercion" means:
      1. Causing or threatening to cause bodily harm to any disabled adult, elder person, or resident; physically restraining or confining any disabled adult, elder person, or resident; or threatening to physically restrain or confine any disabled adult, elder person, or resident;
      2. Exposing or threatening to expose any fact or information, or disseminating or threatening to disseminate any fact or information, that would tend to subject a disabled adult, elder person, or resident to criminal or immigration proceedings, hatred, contempt, or ridicule;
      3. Destroying, concealing, removing, confiscating, or possessing any actual or purported passport or other immigration document, or any other actual or purported government identification document, of a disabled adult, elder person, or resident;
      4. Providing a controlled substance to a disabled adult, elder person, or resident for the purpose of compelling him or her to engage in an action against his or her will; or
      5. Causing or threatening to cause financial harm to a disabled adult, elder person, or resident or using financial control over a disabled adult, elder person, or resident.
   2. "Controlled substance" shall have the same meaning as set forth in Code Section 16-13-21.
   3. "Deception" means:
      1. Creating or confirming another person's impression of an existing fact or past event which is false and which the accused knows or believes to be false;
      2. Maintaining the status or condition of a disabled adult, elder person, or resident arising from a pledge by such disabled adult, elder person, or resident of his or her personal services as security for a debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined, or preventing a disabled adult, elder person, or resident from acquiring information pertinent to the disposition of such debt; or
      3. Promising benefits or the performance of services which the accused does not intend to deliver or perform or knows will not be delivered or performed.
   4. "Exploitation" means illegally or improperly using a disabled adult, elder person, or resident or such individual's resources through undue influence, harassment, duress, false representation, false pretense, or other similar means for one's own or another person's profit or advantage.
   5. "Isolation" means preventing a disabled adult, elder person, or resident from having contact with his or her friends or family, a welfare agency, law enforcement officers, health providers, or other individuals or entities without the knowledge of such disabled adult, elder person, or resident or against his or her wishes.
2. A person commits the offense of trafficking a disabled adult, elder person, or resident when such person, through deception, coercion, exploitation, or isolation, knowingly recruits, harbors, transports, provides, or obtains by any means a disabled adult, elder person, or resident for the purpose of appropriating the resources of such disabled adult, elder person, or resident for one's own or another person's benefit.
3. Any person who violates subsection (b) of this Code section shall be guilty of a felony, and upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than 20 years, a fine not to exceed $100,000.00, or both.
4. Each violation of subsection (b) of this Code section shall constitute a separate offense and shall not merge with any other offense.
5. Evidence of failure to deliver benefits or perform services standing alone shall not be sufficient to authorize a conviction under this Code section.
6. This Code section shall not apply to a physician nor any person acting under a physician's direction nor to a hospital, hospice, or long-term care facility, nor any agent or employee thereof who is in good faith acting within the scope of his or her employment or agency or who is acting in good faith in accordance with a living will, a durable power of attorney for health care, an advance directive for health care, a Physician Orders for Life-Sustaining Treatment form pursuant to Code Section 31-1-14, an order not to resuscitate, or the instructions of the patient or the patient's lawful surrogate decision maker.

(Code 1981, §16-5-102.1, enacted by Ga. L. 2018, p. 608, § 1/HB 803.)