N.C. Gen. Stat. » Chapter 14
NC General Statutes

N.C. Gen. Stat. § 14-112.2 (2026)

Exploitation of an older adult or disabled adult

✓ current as of July 2026
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(a) The following definitions apply in this section:

(1) Disabled adult. - A person 18 years of age or older or a lawfully emancipated minor who is present in the State of North Carolina and who is physically or mentally incapacitated as defined in G.S. 108A-101(d).

(2) Older adult. - A person 65 years of age or older.

(b) It is unlawful for a person: (i) who stands in a position of trust and confidence with an older adult or disabled adult, or (ii) who has a business relationship with an older adult or disabled adult to knowingly, by deception or intimidation, obtain or use, or endeavor to obtain or use, an older adult's or disabled adult's funds, assets, or property with the intent to temporarily or permanently deprive the older adult or disabled adult of the use, benefit, or possession of the funds, assets, or property, or to benefit someone other than the older adult or disabled adult.

(c) It is unlawful for a person to knowingly, by deception or intimidation, obtain or use, endeavor to obtain or use, or conspire with another to obtain or use an older adult's or disabled adult's funds, assets, or property with the intent to temporarily or permanently deprive the older adult or disabled adult of the use, benefit, or possession of the funds, assets, or property, or benefit someone other than the older adult or disabled adult. This subsection shall not apply to a person acting within the scope of that person's lawful authority as the agent for the older adult or disabled adult.

(d) A violation of subsection (b) of this section is punishable as follows:

(1) If the funds, assets, or property involved in the exploitation of the older adult or disabled adult is valued at one hundred thousand dollars ($100,000) or more, then the offense is a Class F felony.

(2) If the funds, assets, or property involved in the exploitation of the older adult or disabled adult is valued at twenty thousand dollars ($20,000) or more but less than one hundred thousand dollars ($100,000), then the offense is a Class G felony.

(3) If the funds, assets, or property involved in the exploitation of the older adult or disabled adult is valued at less than twenty thousand dollars ($20,000), then the offense is a Class H felony.

(e) A violation of subsection (c) of this section is punishable as follows:

(1) If the funds, assets, or property involved in the exploitation of the older adult or disabled adult is valued at one hundred thousand dollars ($100,000) or more, then the offense is a Class G felony.

(2) If the funds, assets, or property involved in the exploitation of the older adult or disabled adult is valued at twenty thousand dollars ($20,000) or more but less than one hundred thousand dollars ($100,000), then the offense is a Class H felony.

(3) If the funds, assets, or property involved in the exploitation of the older adult or disabled adult is valued at less than twenty thousand dollars ($20,000), then the offense is a Class I felony.

(f) If a person is charged with a violation of this section that involves funds, assets, or property valued at more than five thousand dollars ($5,000), the district attorney may file a petition in the pending criminal proceeding before the court with jurisdiction over the pending charges to freeze the funds, assets, or property of the defendant in an amount up to one hundred fifty percent (150%) of the alleged value of funds, assets, or property in the defendant's pending criminal proceeding for purposes of restitution to the victim. The standard of proof required to freeze the defendant's funds, assets, or property shall be by clear and convincing evidence. The procedure for petitioning the court under this subsection shall be governed by G.S. 14-112.3. (2005-272, s. 2; 2006-264, s. 99; 2013-203, s. 1; 2013-337, s. 1.)

 

Notes of Decisions
Cited in 12 cases (5 in the last 5 years), 2010–2026 · leading case: State v. Forte, 698 S.E.2d 745 (N.C. Ct. App. 2010).
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State v. Forte, 698 S.E.2d 745 (N.C. Ct. App. 2010). · cites it 12× “Under N.C. Gen. Stat. § 14-112.2 , 4 [i]t is unlawful for a person: (i) who stands in a position of trust and confidence with an elder adult.”
Alexander v. Storage Props., Inc. (E.D.N.C. 2020). · cites it 9× “(“ADA”), and N.C. Gen. Stat.§ 14-112.2, a criminal statute relating to exploitation of older and disabled adults.”
Alexander v. Storage Props., Inc. (E.D.N.C. 2020). · cites it 4× “Plaintiff asserts claims against defendant for constructive fraud; violations of the ADA, including multiple acts of retaliation and coercion; and violations of N.C. Gen. Stat. § 14-112.2 . (Id. at 2, 14–15).”
Shock v. Wells Fargo Bank, N.A. (E.D.N.C. 2024). · cites it 4× “1 On November 6, 2020, the Cary Police Department obtained an arrest warrant charging Shock with Exploitation of an Older Adult or Disabled Adult, N.C. Gen. Stat. § 14-112.2 (b). See id. at 8 .”
State v. Rhodes (N.C. Ct. App. 2025). · cites it 4× “N.C. Gen. Stat. § 14-112.2 (b) (2023). N.”
State v. Martin (N.C. Ct. App. 2014). · cites it 6× “” “Elder adult” is defined in N.C. Gen. Stat. § 14-112.2 . Under the version of G.”
State v. Klein (N.C. Ct. App. 2026). · cites it 3× “N.C. Gen. Stat. § 14-112.2 (b) (2023). Defendant pled guilty on 12 December 2019 to the lesser offense of attempted exploitation of an older/disabled adult, a class H felony.”
State v. Martin, 775 S.E.2d 926 (N.C. Ct. App. 2015). · cites it 4× “Pierce, is an elder adult for purposes of N.C. Gen.Stat. § 14-112.2(b), the State had the burden to prove that Ms.”
Capps v. Blondeau, 2010 NCBC 8 (N.C. Bus. Ct. 2010). “50 G.S. 14-112.2. 51 G.S. 14-113.1. 52 G.S. 14-111.”
Shock v. Wells Fargo Bank, N.A. (E.D.N.C. 2024). · cites it 2× “1 On November 6, 2020, the Cary Police Department obtained an arrest warrant charging Shock with Exploitation of an Older Adult or Disabled Adult, N.C. Gen. Stat. § 14-112.2 (b). See id. at 8 .”
State v. Fraley (N.C. Ct. App. 2025). · cites it 2× “See N.C. Gen. Stat. § 14-112.2 (b) (2023). Here, Defendant only challenges the sufficiency of the evidence as to one element of the exploitation charges—whether she acted knowingly, by deception.”
Capps v. Blondeau, 2015 NCBC 38 (N.C. Bus. Ct. 2015). “§ 14-90 [embezzlement by fiduciary]; § 14-101 [obtaining signatures by false pretenses]; § 14-112.2 [exploitation of an elder adult or disabled adult]; § 14-113.”
— N.C. Gen. Stat. § 14-112.2(a)(2) — 1 case
State v. Martin, 775 S.E.2d 926 (N.C. Ct. App. 2015). “Pierce, is an elder adult for purposes of N.C. Gen.Stat. § 14-112.2(b), the State had the burden to prove that Ms.”
— N.C. Gen. Stat. § 14-112.2(b) — 2 cases
State v. Martin, 775 S.E.2d 926 (N.C. Ct. App. 2015). “Pierce, is an elder adult for purposes of N.C. Gen.Stat. § 14-112.2(b), the State had the burden to prove that Ms.”
State v. Klein (N.C. Ct. App. 2026). “N.C. Gen. Stat. § 14-112.2 (b) (2023). Defendant pled guilty on 12 December 2019 to the lesser offense of attempted exploitation of an older/disabled adult, a class H felony.”
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