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Illinois Compiled Statutes

720 ILCS 5/17-56 (2026)

Financial exploitation of an elderly person or a person with a disability

✓ current as of May 2026
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(720 ILCS 5/17-56) (was 720 ILCS 5/16-1.3)
    Sec. 17-56. Financial exploitation of an elderly person or a person with a disability.
    (a) A person commits financial exploitation of an elderly person or a person with a disability when he or she stands in a position of trust or confidence with the elderly person or a person with a disability and he or she knowingly:
        (1) by deception or intimidation obtains control over
    
the property of an elderly person or a person with a disability; or
        (2) illegally uses the assets or resources of an
    
elderly person or a person with a disability.
    (b) Sentence. Financial exploitation of an elderly person or a person with a disability is: (1) a Class 4 felony if the value of the property is $300 or less, (2) a Class 3 felony if the value of the property is more than $300 but less than $5,000, (3) a Class 2 felony if the value of the property is $5,000 or more but less than $50,000, and (4) a Class 1 felony if the value of the property is $50,000 or more or if the elderly person is 70 years of age or older and the value of the property is $15,000 or more or if the elderly person is 80 years of age or older and the value of the property is $5,000 or more.
    (c) For purposes of this Section:
        (1) "Elderly person" means a person 60 years of age
    
or older.
        (2) "Person with a disability" means a person who
    
suffers from a physical or mental impairment resulting from disease, injury, functional disorder or congenital condition that impairs the individual's mental or physical ability to independently manage his or her property or financial resources, or both.
        (3) "Intimidation" means the communication to an
    
elderly person or a person with a disability that he or she shall be deprived of food and nutrition, shelter, prescribed medication or medical care and treatment or conduct as provided in Section 12-6 of this Code.
        (4) "Deception" means, in addition to its meaning as
    
defined in Section 15-4 of this Code, a misrepresentation or concealment of material fact relating to the terms of a contract or agreement entered into with the elderly person or person with a disability or to the existing or pre-existing condition of any of the property involved in such contract or agreement; or the use or employment of any misrepresentation, false pretense or false promise in order to induce, encourage or solicit the elderly person or person with a disability to enter into a contract or agreement.
    The illegal use of the assets or resources of an elderly person or a person with a disability includes, but is not limited to, the misappropriation of those assets or resources by undue influence, breach of a fiduciary relationship, fraud, deception, extortion, or use of the assets or resources contrary to law.
    A person stands in a position of trust and confidence with an elderly person or person with a disability when he (i) is a parent, spouse, adult child or other relative by blood or marriage of the elderly person or person with a disability, (ii) is a joint tenant or tenant in common with the elderly person or person with a disability, (iii) has a legal or fiduciary relationship with the elderly person or person with a disability, (iv) is a financial planning or investment professional, (v) is a paid or unpaid caregiver for the elderly person or person with a disability, or (vi) is a friend or acquaintance in a position of trust.
    (d) Limitations. Nothing in this Section shall be construed to limit the remedies available to the victim under the Illinois Domestic Violence Act of 1986.
    (e) Good faith efforts. Nothing in this Section shall be construed to impose criminal liability on a person who has made a good faith effort to assist the elderly person or person with a disability in the management of his or her property, but through no fault of his or her own has been unable to provide such assistance.
    (f) Not a defense. It shall not be a defense to financial exploitation of an elderly person or person with a disability that the accused reasonably believed that the victim was not an elderly person or person with a disability. Consent is not a defense to financial exploitation of an elderly person or a person with a disability if the accused knew or had reason to know that the elderly person or a person with a disability lacked capacity to consent.
    (g) Civil Liability. A civil cause of action exists for financial exploitation of an elderly person or a person with a disability as described in subsection (a) of this Section. A person against whom a civil judgment has been entered for financial exploitation of an elderly person or person with a disability shall be liable to the victim or to the estate of the victim in damages of treble the amount of the value of the property obtained, plus reasonable attorney fees and court costs. In a civil action under this subsection, the burden of proof that the defendant committed financial exploitation of an elderly person or a person with a disability as described in subsection (a) of this Section shall be by a preponderance of the evidence. This subsection shall be operative whether or not the defendant has been charged or convicted of the criminal offense as described in subsection (a) of this Section. This subsection (g) shall not limit or affect the right of any person to bring any cause of action or seek any remedy available under the common law, or other applicable law, arising out of the financial exploitation of an elderly person or a person with a disability.
    (h) If a person is charged with financial exploitation of an elderly person or a person with a disability that involves the taking or loss of property valued at more than $5,000, a prosecuting attorney may file a petition with the circuit court of the county in which the defendant has been charged to freeze the assets of the defendant in an amount equal to but not greater than the alleged value of lost or stolen property in the defendant's pending criminal proceeding for purposes of restitution to the victim. The burden of proof required to freeze the defendant's assets shall be by a preponderance of the evidence.
(Source: P.A. 102-244, eff. 1-1-22; 103-293, eff. 1-1-24.)

    
Notes of Decisions
Cited in 23 cases (15 in the last 5 years), 2014–2026 · leading case: People v. Bensen, 2017 IL App (2d) 150085 (Ill. App. Ct. 2017).
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People v. Bensen, 2017 IL App (2d) 150085 (Ill. App. Ct. 2017). · cites it 2× “Defendant was also convicted of one count of theft (720 ILCS 5/16-1(a)(1)(A) (West 2012)) and two counts of financial exploitation of an elderly person (720 ILCS 5/17-56(a) (West 2012)). Those convictions were merged with the aggravated-identity-theft conviction.”
In re Est. of Khan, 2021 IL App (1st) 200278 (Ill. App. Ct. 2021). “The citation raised numerous allegations, including that Khan lacked the capacity to contract, -3- 1-20-0278 breach of fiduciary duty, conversion, undue influence, and financial exploitation of an elderly disabled person under section 17-56 of the Criminal Code of 2012 (720 ILCS…”
People v. Bensen, 2017 IL App (2d) 150085 (Ill. App. Ct. 2017). “Defendant was also convicted of one count of theft (720 ILCS 5/16-1(a)(1)(A) (West 2012)) and two counts of financial exploitation of an elderly person (720 ILCS 5/17-56(a) (West 2012)). Those convictions were merged with the aggravated-identity-theft conviction.”
Garner v. Garner, 2022 IL App (3d) 200142-U (Ill. App. Ct. 2022). · cites it 3× “¶5 David, as executor of the estate of Frances, filed a three-count complaint in January 2018 alleging financial exploitation of an elderly person pursuant to section 17-56 of the Criminal Code of 2012 (Code) (720 ILCS 5/17-56 (West 2018)), common law breach of fiduciary duty,…”
People v. Dillon, 2024 IL App (4th) 230261-U (Ill. App. Ct. 2024). · cites it 3× “720 ILCS 5/17-56 (a)(2) (West 2022). ¶ 29 Examining both the charging instrument and the factual basis stated during the plea hearing, we observe that the State alleged a single time period for both offenses, concluding that defendant obtained property from the victim…”
Johnson v. Stojan Law Off., P.C., 2018 IL App (3d) 170003 (Ill. App. Ct. 2018). · cites it 2× “However, the seven-year statute of limitations plaintiff seeks to invoke here applies to the statute of limitations under the Criminal Code of 2012, not the statute of limitations applicable to the civil cause of action for financial exploitation of an *40 elderly person.”
Johnson v. Stojan Law Off., P.C., 2018 IL App (3d) 170003 (Ill. App. Ct. 2018). · cites it 2× “720 ILCS 5/17-56(a), (g) (West 2016); 720 ILCS 5/3-5(a-5) (West 2016).”
People v. Boncosky, 2024 IL App (2d) 230496-U (Ill. App. Ct. 2024). “BACKGROUND ¶4 On October 30, 2023, the State charged defendant with aggravated identity theft— elderly—second or subsequent (720 ILCS 5/16-30(b)(1) (West 2022) (Class X)), theft— unauthorized control knowing to deprive—exceeding $1 million (720 ILCS 5/16-1(a)(2)(B) (West 2022)…”
In re Est. of Ostern, 2014 IL App (2d) 131236 (Ill. App. Ct. 2015). “Section 17-56 of the Criminal Code of 1961 (Criminal Code) (720 ILCS 5/17-56 (West 2010)) addresses financial exploitation of an elderly person and states: -2- “A person commits financial exploitation of an elderly person *** when he or she stands in a position of trust or…”
In re Est. of Khan, 2021 IL App (1st) 200278 (Ill. App. Ct. 2021). “The citation raised numerous allegations, including that Khan lacked the capacity to contract, breach of fiduciary duty, conversion, undue influence, and financial exploitation of an elderly disabled person under section 17-56 of the Criminal Code of 2012 (720 ILCS 5/17-56 (West…”
Rivers v. Citibank Corp. (N.D. Ill. 2023). · cites it 4× “Plaintiff first amended his complaint in June 2023, alleging violations of the Illinois elder abuse statute (720 ILCS 5/17-56), bank theft, and bank fraud.”
People v. Wright, 2026 IL App (1st) 240238 (Ill. App. Ct. 2026). · cites it 5× “At issue is (1) whether the evidence was sufficient to convict defendant beyond a reasonable doubt because she contends it did not establish that she obtained control of the victim’s bank account through deception or illegally used her assets; (2) whether the circuit court erred…”
Show all 23 citing cases →
— 720 ILCS 5/17-56(a) — 11 cases
People v. Bensen, 2017 IL App (2d) 150085 (Ill. App. Ct. 2017). “Defendant was also convicted of one count of theft (720 ILCS 5/16-1(a)(1)(A) (West 2012)) and two counts of financial exploitation of an elderly person (720 ILCS 5/17-56(a) (West 2012)). Those convictions were merged with the aggravated-identity-theft conviction.”
People v. Bensen, 2017 IL App (2d) 150085 (Ill. App. Ct. 2017). “Defendant was also convicted of one count of theft (720 ILCS 5/16-1(a)(1)(A) (West 2012)) and two counts of financial exploitation of an elderly person (720 ILCS 5/17-56(a) (West 2012)). Those convictions were merged with the aggravated-identity-theft conviction.”
People v. Boncosky, 2024 IL App (2d) 230496-U (Ill. App. Ct. 2024). “BACKGROUND ¶4 On October 30, 2023, the State charged defendant with aggravated identity theft— elderly—second or subsequent (720 ILCS 5/16-30(b)(1) (West 2022) (Class X)), theft— unauthorized control knowing to deprive—exceeding $1 million (720 ILCS 5/16-1(a)(2)(B) (West 2022)…”
Johnson v. Stojan Law Off., P.C., 2018 IL App (3d) 170003 (Ill. App. Ct. 2018). “However, the seven-year statute of limitations plaintiff seeks to invoke here applies to the statute of limitations under the Criminal Code of 2012, not the statute of limitations applicable to the civil cause of action for financial exploitation of an *40 elderly person.”
Johnson v. Stojan Law Off., P.C., 2018 IL App (3d) 170003 (Ill. App. Ct. 2018). “720 ILCS 5/17-56(a), (g) (West 2016); 720 ILCS 5/3-5(a-5) (West 2016).”
— 720 ILCS 5/17-56(a)(1) — 1 case
People v. Dillon, 2024 IL App (4th) 230261-U (Ill. App. Ct. 2024). “720 ILCS 5/17-56 (a)(2) (West 2022). ¶ 29 Examining both the charging instrument and the factual basis stated during the plea hearing, we observe that the State alleged a single time period for both offenses, concluding that defendant obtained property from the victim…”
— 720 ILCS 5/17-56(b) — 2 cases
People v. Bensen, 2017 IL App (2d) 150085 (Ill. App. Ct. 2017). “Defendant was also convicted of one count of theft (720 ILCS 5/16-1(a)(1)(A) (West 2012)) and two counts of financial exploitation of an elderly person (720 ILCS 5/17-56(a) (West 2012)). Those convictions were merged with the aggravated-identity-theft conviction.”
People v. Wright, 2026 IL App (1st) 240238 (Ill. App. Ct. 2026). “At issue is (1) whether the evidence was sufficient to convict defendant beyond a reasonable doubt because she contends it did not establish that she obtained control of the victim’s bank account through deception or illegally used her assets; (2) whether the circuit court erred…”
— 720 ILCS 5/17-56(c)(1) — 1 case
People v. Miller, 2021 IL App (1st) 192517-U (Ill. App. Ct. 2021).
— 720 ILCS 5/17-56(c)(4) — 1 case
Rivers v. Citibank Corp. (N.D. Ill. 2023). “Plaintiff first amended his complaint in June 2023, alleging violations of the Illinois elder abuse statute (720 ILCS 5/17-56), bank theft, and bank fraud.”
— 720 ILCS 5/17-56(f) — 1 case
Garner v. Garner, 2022 IL App (3d) 200142-U (Ill. App. Ct. 2022). “¶5 David, as executor of the estate of Frances, filed a three-count complaint in January 2018 alleging financial exploitation of an elderly person pursuant to section 17-56 of the Criminal Code of 2012 (Code) (720 ILCS 5/17-56 (West 2018)), common law breach of fiduciary duty,…”
— 720 ILCS 5/17-56(g) — 5 cases
Johnson v. Stojan Law Off., P.C., 2018 IL App (3d) 170003 (Ill. App. Ct. 2018). “However, the seven-year statute of limitations plaintiff seeks to invoke here applies to the statute of limitations under the Criminal Code of 2012, not the statute of limitations applicable to the civil cause of action for financial exploitation of an *40 elderly person.”
Johnson v. Stojan Law Off., P.C., 2018 IL App (3d) 170003 (Ill. App. Ct. 2018). “720 ILCS 5/17-56(a), (g) (West 2016); 720 ILCS 5/3-5(a-5) (West 2016).”
Fletcher v. Peters (S.D. Ill. 2024).
In re Est. of Metzger, 2020 IL App (1st) 200002-U (Ill. App. Ct. 2020).
In re Est. of Edwin, 2026 IL App (5th) 250501 (Ill. App. Ct. 2026).
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