Creates offense of financial exploitation of the elderly.

2026-2027 Regular Session Introduced by Bob Auth and 7 co-sponsors

Creates a new crime: financial exploitation of elderly by a trusted person, with specific penalties and defenses to protect elders 60+ from coerced property transfers.

Introduced, Referred to Assembly Judiciary Committee

Summary of Bill A 2835 (Session 222, New Jersey)

Purpose and intent

Creates a new offense: financial exploitation of the elderly.

Addresses crimes where a “person in a position of trust” coerces an elderly person to transfer property through fraud, false promises, extortion, or intimidation.

Aims to protect adults aged 60+ who have age-related infirmities or mental conditions affecting their ability to consent.

Key provisions and changes

Establishes a distinct crime of financial exploitation of the elderly (new section 3).

Elements: An act by a person in a position of trust that compels or induces an elderly person to deliver property to the person or a third party by fraud, false promise, extortion, or intimidation.
Affirmative defense: A defendant is not criminally liable if acting in good faith to assist an elderly person with property management but is unable to help due to the elderly person’s circumstances.
Age/capacity definition: An “elderly” person is someone 60 or older who has an age-related disease/infirmity or a mental condition impairing decision-making about property.
Knowledge defense: In a prosecution for theft under this bill, an affirmative defense is available if the defendant did not know and could not have known the person was elderly.

Grading and penalties (as applied to the new offense):

Theft offense for financial exploitation of the elderly (amount involved $200.00 to $500.00) is a crime of the third degree, punishable by up to 5 years in prison and/or a fine up to $15,000.
This creates a higher severity tier for smaller theft amounts when tied to elderly exploitation, shifting the typical range (which might otherwise be a fourth-degree theft) to a more serious third-degree classification.
Additionally, theft from an elderly person with amounts less than $200 that would normally be a disorderly persons offense would be upgraded to a fourth-degree crime under the bill’s framework.

Definitions and related terms (amended/N.J.S.2C:20-1 and 2C:20-2):

Clarifies terms such as “deprive,” “fiduciary,” “property,” “trade secret,” “access device,” and “elderly,” among others, to support the new offense.
Reiterates consolidation/grading rules for theft and computer criminal activity, with specific references to how amounts are calculated and aggregated for sentencing purposes.
Expands who can be deemed a “person in a position of trust,” including family members, fiduciaries, caregivers for compensation, and others with ongoing access to the elderly person.

Who/what is affected

Elderly individuals (60+) who may be vulnerable to exploitation.

Individuals in positions of trust over elderly persons (family members, fiduciaries, caregivers, cohabitants providing care, etc.) who could be prosecuted for exploiting an elderly person’s property.

Law enforcement and the courts, which would apply the new charge and its associated defenses and penalties.

Procedural and timeline aspects

Effective date: The act is stated to take effect immediately upon enactment.

The bill is introductory in the 2026 session and has co-sponsors from both parties, with initial referral to the Assembly Judiciary Committee.

Overall, the bill creates a targeted criminal offense to deter and punish financial exploitation of the elderly, with specific emphasis on trust relationships and preventive defenses to protect well-meaning aides who encounter challenges in assisting elderly individuals.