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(1) A person commits the offense of elder abuse by knowingly or purposely, physically or mentally, abusing or exploiting an older person.

(2) Exploiting” means the unjust use of an individual’s money or property for another’s advantage by means of duress, menace, fraud, or undue influence.

(3) “Older person” means a Tribal member or other person residing on the Reservation who is:

(a) Sixty-two (62) years of age or older;

(b) Determined by the Tribal Court to be an elder; or

(c) At least forty-five (45) years of age and unable to protect herself or himself from abuse, neglect, or exploitation because of a mental disorder or physical impairment, or frailties or dependencies brought about by age or disease or alcoholism.

(4) Elder abuse is a Class E offense.