§ 5-28-102. Legislative intent
The General Assembly recognizes that the state must provide for the detection, correction, and prosecution of the maltreatment of adults.
§ 5-28-103. Criminal penalties for abuse of an endangered or impaired person
(a) It is unlawful for any person or caregiver to abuse, neglect, or exploit any endangered person or impaired person subject to protection under a provision of this chapter. (b) (1) If the abuse causes serious physical injury or a substantial risk of death, any person or caregiver who purposely abuses an endangered person or […]
§ 5-28-104. Privilege not grounds for exclusion of evidence
Any privilege between a husband and a wife or between any professional person, including, but not limited to, a physician, member of the clergy, counselor, hospital, clinic, rest home, or nursing home, and his or her or its client, except between a lawyer and a client, does not constitute a ground for excluding evidence at […]
§ 5-28-105. Spiritual treatment alone not abusive
Nothing in this chapter shall be construed to imply that a reported adult endangered person or adult impaired person, who is being furnished with treatment by spiritual means alone through prayer in accordance with the tenets and practices of a recognized church or religious denomination by an accredited practitioner of the recognized church or religious […]
§ 5-28-107. Investigation by Attorney General and Department of Human Services
(a) The office of the Attorney General has concurrent jurisdiction with the Department of Human Services to investigate cases of suspected adult maltreatment of an adult endangered person or an adult impaired person in a long-term care facility certified under Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq. (b) If […]
§ 5-28-108. Special deputy prosecutor
(a) An attorney employed in the office of the Attorney General may be designated by a prosecuting attorney having criminal jurisdiction in a matter as a special deputy prosecutor for the purpose of prosecuting in a court of competent jurisdiction an action brought under this chapter or another action for the physical or mental abuse […]
§ 5-28-110. Penalties for violation of § 12-12-1701 et seq
(a) Any person or caregiver required by the Adult and Long-Term Care Facility Resident Maltreatment Act, § 12-12-1701 et seq., to report a case of suspected adult maltreatment or long-term care facility resident maltreatment who purposely fails to do so is: (1) Guilty of a Class B misdemeanor; and (2) Civilly liable for damages proximately […]
§ 5-28-101. Definitions
As used in this chapter: (1) “Abuse” means: (A) Any purposeful and unnecessary physical act that inflicts pain on or causes injury to an endangered person or an impaired person; (B) Any purposeful or demeaning act that a reasonable person would believe subjects an endangered person or an impaired person, regardless of age, ability to […]