Dependent Adult Abuse – Initiation of Charges – Penalty

1. Charges of dependent adult abuse may be initiated upon complaint of private
individuals or as a result of investigations by social service agencies or on the direct initiative
of a county attorney or law enforcement agency.
2. A caretaker who intentionally commits dependent adult abuse on a dependent adult in
violation of this chapter is guilty of a class “C” felony if the intentional dependent adult abuse
results in serious injury.
3. A caretaker who recklessly commits dependent adult abuse on a dependent adult in
violation of this chapter is guilty of a class “D” felony if the reckless dependent adult abuse
results in serious injury.
4. A caretaker who intentionally commits dependent adult abuse on a dependent adult in
violation of this chapter is guilty of a class “C” felony if the intentional dependent adult abuse
results in physical injury.
5. A caretaker who commits dependent adult abuse by exploiting a dependent adult in
violation of this chapter is guilty of a class “D” felony if the value of the property, assets, or
resources exceeds one hundred dollars.
6. A caretaker who recklessly commits dependent adult abuse on a person in violation of
this chapter is guilty of an aggravated misdemeanor if the reckless dependent adult abuse
results in physical injury.
7. A caretaker who otherwise intentionally or knowingly commits dependent adult abuse
upon a dependent adult in violation of this chapter is guilty of a serious misdemeanor.
8. A caretaker who commits dependent adult abuse by exploiting a dependent adult in
violation of this chapter is guilty of a simple misdemeanor if the value of the property, assets,
or resources is one hundred dollars or less.
9. A caretaker alleged to have committed a violation of this chapter shall be charged with
the respective offense cited, 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.

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