Abuse or neglect of a vulnerable adult in the first degree

(a) Definitions. —
(1) In this section and §§ 3-605 and 3-606 of this subtitle the following words have the meanings indicated.
(2)
(i) “Abuse” means the sustaining of physical pain or injury by a vulnerable adult as a result of cruel or inhumane treatment or as a result of a malicious act under circumstances that indicate that the vulnerable adult’s health or welfare is harmed or threatened.
(ii) “Abuse” includes the sexual abuse of a vulnerable adult.
(iii) “Abuse” does not include an accepted medical or behavioral procedure ordered by a health care provider authorized to practice under the Health Occupations Article or § 13-516 of the Education Article acting within the scope of the health care provider’s practice.
(3) “Caregiver” means a person under a duty to care for a vulnerable adult because of a contractual undertaking to provide care.
(4) “Family member” means a relative of a vulnerable adult by blood, marriage, adoption, or the marriage of a child.
(5) “Household” means the location:
(i) in which the vulnerable adult resides;
(ii) where the abuse or neglect of a vulnerable adult is alleged to have taken place; or
(iii) where the person suspected of abusing or neglecting a vulnerable adult resides.
(6) “Household member” means an individual who lives with or is a regular presence in a home of a vulnerable adult at the time of the alleged abuse or neglect.
(7) (i) “Neglect” means the intentional failure to provide necessary assistance and resources for the physical needs of a vulnerable adult, including:
1. food;
2. clothing;
3. toileting;
4. essential medical treatment;
5. shelter; or
6. supervision.
(ii) “Neglect” does not include the provision of nonmedical remedial care and treatment for the healing of injury or disease that is:
1. given with the consent of the vulnerable adult; and
2. recognized by State law in place of medical treatment.
(8) “Serious physical injury” means physical injury that:
(i) creates a substantial risk of death; or
(ii) causes permanent or protracted serious:
1. disfigurement;
2. loss of the function of any bodily member or organ; or
3. impairment of the function of any bodily member or organ.
(9)
(i) “Sexual abuse” means an act that involves sexual molestation or exploitation of a vulnerable adult.
(ii) “Sexual abuse” includes:
1. incest;
2. rape;
3. sexual offense in any degree; and
4. unnatural or perverted sexual practices.
(10) “Vulnerable adult” means an adult who lacks the physical or mental capacity to provide for the adult’s daily needs.
(b) Prohibited. —
(1) A caregiver, a parent, or other person who has permanent or temporary care or responsibility for the supervision of a vulnerable adult may not cause abuse or neglect of the vulnerable adult that:
(i) results in the death of the vulnerable adult;
(ii) causes serious physical injury to the vulnerable adult; or
(iii) involves sexual abuse of the vulnerable adult.
(2) A household member or family member may not cause abuse or neglect of a vulnerable adult that:
(i) results in the death of the vulnerable adult;
(ii) causes serious physical injury to the vulnerable adult; or
(iii) involves sexual abuse of the vulnerable adult.
(c) Penalty. — A person who violates this section is guilty of the felony of abuse or neglect of a vulnerable adult in the first degree and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $ 10,000 or both.
(d) Sentencing. — A sentence imposed under this section shall be in addition to any other sentence imposed for a conviction arising from the same facts and circumstances unless the evidence required to prove each crime is substantially identical.

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