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§ 39-15-501. Part Definitions

As used in this part, unless the context otherwise requires: “Abandonment” means the knowing desertion or forsaking of an elderly or vulnerable adult by a caregiver under circumstances in which there is a reasonable likelihood that physical harm could occur; “Abuse” means the infliction of physical harm; “Adult protective services” means the division of adult […]

§ 39-15-502. Offense of Financial Exploitation of Elderly or Vulnerable Person

It is an offense for any person to knowingly financially exploit an elderly or vulnerable adult. A violation of this section shall be punished as theft pursuant to § 39-14-105; provided, however, that the violation shall be punished one (1) classification higher than is otherwise provided in § 39-14-105. If a person is charged with […]

§ 39-15-503. Permissive Inferences

For purposes of determining whether an offense was committed under § 39-15-502: Any transfer of property valued in excess of one thousand dollars ($1,000) in a twelve-month period, whether in a single transaction or multiple transactions, by an elderly or vulnerable adult to a nonrelative whom the transferor has known for fewer than two (2) […]

§ 39-15-504. Hearing to Preserve Testimony of Victim

In cases where an alleged offense under this part or under title 71, chapter 6, part 1 has been committed against an elderly or vulnerable adult, upon the state’s motion, the court shall conduct a hearing to preserve the testimony of the victim within sixty (60) days of the defendant’s initial court appearance whether the […]

§ 39-15-506. Placement on Registry — Fine

Following a conviction for a violation of § 39-15-502, § 39-15-507(b)-(c), § 39-15-508, § 39-15-510, § 39-15-511, or § 39-15-512, or at the discretion of the court for a conviction of § 39-15-507(d), the clerk of the court shall notify the department of health of the conviction by sending a copy of the judgment in […]

§ 39-15-508. Offense of Aggravated Neglect of Elderly or Vulnerable Adult

A caregiver commits the offense of aggravated neglect of an elderly or vulnerable adult who commits neglect pursuant to § 39-15-507, and the act: Results in serious physical harm; or Results in serious bodily injury. In order to convict a person for a violation of subdivision (a)(1), it is not necessary for the state to […]

§ 39-15-509. Report of Abuse, Sexual Exploitation, Neglect, or Financial Exploitation to Adult Protective Services — Report of Rape or Sexual Battery to Adult Protective Services and Law Enforcement Agency — Failure to Make Report

Any person having reasonable suspicion that an elderly or vulnerable adult is suffering or has suffered abuse, sexual exploitation, neglect, or financial exploitation shall report such neglect or financial exploitation to adult protective services pursuant to title 71, chapter 6. Any person having reasonable suspicion that an elderly or vulnerable adult is the victim of […]

§ 39-15-511. Offense of Aggravated Abuse of Elderly or Vulnerable Adult

A person commits the offense of aggravated abuse of an elderly or vulnerable adult who knowingly commits abuse pursuant to § 39-15-510, and: The act results in serious psychological injury or serious physical harm; A deadly weapon is used to accomplish the act or the abuse involves strangulation as defined in § 39-13-102; or The […]

§ 39-15-513. Obtaining Information Concerning Medical Condition or Health of Elderly Adult — Sending Unsolicited or Specifically Refused Medical Items — Filing Claim or Submitting Bill With State Medicaid Plan

A person or an entity commits an offense if the person or entity knowingly: Uses a telephone or other communication or electronic device to obtain information concerning the medical condition or health of an elderly adult; Sends, or causes to be sent, medical supplies, medical equipment, or medicine to the elderly adult and the items […]