HB420 will now increase the penalties for certain theft/fraud offenses merely because the victim is an elderly individual. It seems almost certain that this fact will need to be alleged in the indictment. But will you need to prove that the defendant had knowledge of the status of the victim, since it is a fact affecting only the punishment range and not an element of the offense proper? Offenses against the persons of these types of victims generally do not require this. Zubia, 998 S.W.2d at 227; Black, 26 S.W.3d at 897. But at least in those situations the offender likely has some means of recognizing the characteristics of the victim. But cf. Whitmire, 913 S.W.2d 738. A thief on the other hand may have no idea to whom his spoils belong. I believe the mens rea must usually extend to the aggravating circumstances of a crime. If you do have to prove knowledge, that may be a most difficult proposition in some cases.