Section 22-48-1 – Definitions.
22-48-1. Definitions. Terms used in this chapter mean: (1)”Convicted,” includes a finding of guilt, whether or not the adjudication of guilt is stayed or executed, an unwithdrawn judicial admission of guilt or guilty plea, a no contest plea, a judgment of conviction, an adjudication as a delinquent child, or an admission to a juvenile delinquency […]
Section 22-48-2 – Perpetrator’s assumption of risk–Victim immune from liability–Victim’s duty–Exception.
22-48-2. Perpetrator’s assumption of risk–Victim immune from liability–Victim’s duty–Exception. A perpetrator assumes the risk of loss, injury, or death resulting from or arising out of a course of criminal conduct involving a crime, as defined in this chapter, engaged in by the perpetrator or a person who aids or abets the perpetrator, as defined in […]
Section 22-48-2.1 – Claim of use of unreasonable force by victim–Hearing to determine reasonable basis for claim.
22-48-2.1. Claim of use of unreasonable force by victim–Hearing to determine reasonable basis for claim. If the perpetrator claims that the victim used unreasonable force, before any discovery relating to the claim may be commenced and before the claim may be submitted to the trier of fact, the court, after hearing, must find, based on […]
Section 22-46-8 – Immunity from liability for reporting abuse, neglect, or exploitation.
22-46-8. Immunity from liability for reporting abuse, neglect, or exploitation. Any person who, in good faith, makes a report of abuse, neglect, or exploitation of any elder or disabled adult, is immune from any civil or criminal liability that might otherwise be incurred or imposed, and has the same immunity with respect to participation in […]
Section 22-46-9 – Mandatory reporting of abuse, neglect, or exploitation–Violation as misdemeanor.
22-46-9. Mandatory reporting of abuse, neglect, or exploitation–Violation as misdemeanor. Any: (1)Physician, dentist, doctor of osteopathy, chiropractor, optometrist, podiatrist, religious healing practitioner, hospital intern or resident, nurse, paramedic, emergency medical technician, social worker, or any health care professional; (2)Psychologist, licensed mental health professional, or counselor engaged in professional counseling; or (3)State, county, or municipal criminal […]
Section 22-46-10 – Mandatory reporting of abuse or neglect by staff and by person in charge of residential facility or entity providing services to elderly or disabled adult–Violation as misdemeanor.
22-46-10. Mandatory reporting of abuse or neglect by staff and by person in charge of residential facility or entity providing services to elderly or disabled adult–Violation as misdemeanor. Any staff member of a nursing facility, assisted living facility, adult day care center, or community support provider, or any residential care giver, individual providing homemaker services, […]
Section 22-46-11 – Voluntary reporting of abuse, neglect, or exploitation.
22-46-11. Voluntary reporting of abuse, neglect, or exploitation. Any person who knows or has reason to suspect that an elder or adult with a disability has been abused, neglected, or exploited as defined in §§22-46-1 to 22-46-3, inclusive, may report that information, regardless of whether that person is one of the mandatory reporters listed in […]
Section 22-46-12 – Information provided by report of abuse, neglect, or exploitation.
22-46-12. Information provided by report of abuse, neglect, or exploitation. The person making a report as required by §22-46-9 and as permitted by §22-46-11 shall provide, or a proper agency receiving the report shall acquire, to the extent possible, the following information: (1)The name, age, physical address, and contact information of the elder or adult […]
Section 22-46-13 – Action against perpetrator for exploitation–Compensatory and punitive damages–Attorney’s fees.
22-46-13. Action against perpetrator for exploitation–Compensatory and punitive damages–Attorney’s fees. A court may find that an elder or adult with a disability has been exploited as defined in §22-46-1 or 22-46-3. If a court finds exploitation occurred, the elder or adult with a disability has a cause of action against the perpetrator and may recover […]
Section 22-46-14 – Additional penalties against perpetrator for exploitation.
22-46-14. Additional penalties against perpetrator for exploitation. In addition to the damages prescribed in §22-46-13, the court may impose the following penalties: (1)Revoke, in whole or in part, any revocable: (a)Provision by the elder or adult with a disability that is contained in a governing instrument that confers a general or nongeneral power of appointment […]