Iowa Code 726.28 – Wanton neglect or nonsupport of a dependent adult
Current as of: 2024 | Check for updates
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Attorney's Note
Under the Iowa Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class D felony | up to 5 years | between $1,025 and $10,245 |
| Serious misdemeanor | up to 1 year | between $430 and $2,560 |
Terms Used In Iowa Code 726.28
- Contract: A legal written agreement that becomes binding when signed.
- Dependent: A person dependent for support upon another.
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
726.28 Wanton neglect or nonsupport of a dependent adult.
1. A caretaker commits wanton neglect of a dependent adult if the caretaker knowingly acts in a manner likely to be injurious to the physical, mental, or emotional welfare of a dependent adult. Wanton neglect of a dependent adult is a serious misdemeanor.
2. A person who has legal responsibility either through contract or court order for support of a dependent adult and who fails or refuses to provide support commits nonsupport. Nonsupport is a class “”D”” felony.
3. A person alleged to have committed wanton neglect or nonsupport of a dependent adult shall be charged with the respective offense unless a charge may be brought based upon a more serious offense, in which case the charge of the more serious offense shall supersede the less serious charge.
4. For the purposes of this section, “”dependent adult”” means a dependent adult as defined
in § 235B.2, subsection 4, and “”caretaker”” means a caretaker as defined in section
235B.2, subsection 1.
87 Acts, ch 182, §10
CS87, §726.8
2022 Acts, ch 1132, §8
C2023, §726.28
Referred to in §135B.34, 135C.33, 152.5A
1. A caretaker commits wanton neglect of a dependent adult if the caretaker knowingly acts in a manner likely to be injurious to the physical, mental, or emotional welfare of a dependent adult. Wanton neglect of a dependent adult is a serious misdemeanor.
2. A person who has legal responsibility either through contract or court order for support of a dependent adult and who fails or refuses to provide support commits nonsupport. Nonsupport is a class “”D”” felony.
3. A person alleged to have committed wanton neglect or nonsupport of a dependent adult shall be charged with the respective offense unless a charge may be brought based upon a more serious offense, in which case the charge of the more serious offense shall supersede the less serious charge.
4. For the purposes of this section, “”dependent adult”” means a dependent adult as defined
in § 235B.2, subsection 4, and “”caretaker”” means a caretaker as defined in section
235B.2, subsection 1.
87 Acts, ch 182, §10
CS87, §726.8
2022 Acts, ch 1132, §8
C2023, §726.28
Referred to in §135B.34, 135C.33, 152.5A