76-5-111.2. Aggravated abuse of a vulnerable adult — Penalties.
| (1) |
Attorney's NoteUnder the Utah Code, punishments for crimes depend on the classification. In the case of this section:
| Class | Prison | Fine |
|---|
| class A misdemeanor | up to 364 days | up to $2,500 |
For details, see Utah Code § 76-3-204
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Terms Used In Utah Code 76-5-111.2- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
- Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
| (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. |
|
| (3) |
| (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. |
|
| (4) |
| (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. |
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Enacted by Chapter 181, 2022 General Session
