76-5-111.2. Aggravated abuse of a vulnerable adult -- Penalties.
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Effective 5/4/2022
76-5-111.2. Aggravated abuse of a vulnerable adult -- Penalties.
(a)As used in this section, "abuse," "caretaker," "isolation," "neglect," "serious physical injury," and "vulnerable adult" all mean the same as those terms are defined in Section 76-5-111 .
(b)Terms defined in Section 76-1-101.5 apply to this section.
(2)An actor, including a caretaker, commits aggravated abuse of a vulnerable adult if the actor, under a circumstance likely to produce death or serious physical injury:
(a)causes a vulnerable adult to suffer serious physical injury;
(b)having the care or custody of a vulnerable adult, causes or permits the vulnerable adult's person or health to be injured; or
(c)causes or permits a vulnerable adult to be placed in a situation in which the vulnerable adult's person or health is endangered.
(a)A violation of Subsection
(2)is a second degree felony if done intentionally or knowingly.
(b)A violation of Subsection
(2)is a third degree felony if done recklessly.
(c)A violation of Subsection
(2)is a class A misdemeanor if done with criminal negligence.
(a)It does not constitute a defense to a prosecution for a violation of this section that the actor did not know the age of the vulnerable adult.
(b)An adult is not considered abused, neglected, or a vulnerable adult for the reason that the adult has chosen to rely solely upon religious, nonmedical forms of healing in lieu of medical care.
(5)If an actor, including a caretaker, violates this section by willfully isolating a vulnerable adult, in addition to the penalties under Subsection
(3), the court may require that the actor:
(a)undergo appropriate counseling as a condition of the sentence; and
(b)pay for the costs of the ordered counseling.
Enacted by Chapter 181 , 2022 General Session