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Current as of March 28, 2024 | Updated by Findlaw Staff
(a)(1) A person commits the offense of failure to report under this subchapter in the first degree if he or she:
(A) Is a mandated reporter under § 12-12-1708;
(B) Has observed or has reasonable cause to suspect that an endangered person or impaired person has been subjected to conditions or circumstances that constitute adult maltreatment or long-term care facility resident maltreatment; and
(C) Knowingly fails to report or cause a report to be made to the adult and long-term care facility resident maltreatment hotline.
(2) Failure to report under this subchapter in the first degree is a Class B misdemeanor.
(b)(1) A person commits the offense of failure to report in the second degree if he or she:
(A) Is a mandated reporter under § 12-12-1708;
(B) Has observed or has reasonable cause to suspect that an endangered person or impaired person has been subjected to conditions or circumstances that constitute adult maltreatment or long-term care facility resident maltreatment; and
(C) Knowingly fails to make a report or cause a report to be made in the manner and time provided in this subchapter to the adult and long-term care facility resident maltreatment hotline.
(2) Failure to report in the second degree is a Class C misdemeanor.
(c) A person or caregiver required by this subchapter to report a case of suspected adult maltreatment or long-term care facility resident maltreatment who purposely fails to do so is civilly liable for damages proximately caused by the failure.
(d)(1) A person commits the offense of false reporting of adult abuse if he or she purposely makes a false report to the adult and long-term care facility resident maltreatment hotline knowing the allegation in the false report to be false.
(2) For a first offense, false reporting of adult abuse is a Class A misdemeanor.
(3) For a subsequent offense, false reporting of adult abuse is a Class D felony.
(e)(1) A person commits the offense of unlawful disclosure of data or information under this subchapter if:
(A) He or she purposely discloses data or information to a person to whom disclosure is not permitted under § 12-12-1717 or § 12-12-1718; or
(B) He or she purposely encourages or permits the release of data or information to a person to whom disclosure is not permitted under § 12-12-1717 or § 12-12-1718.
(2) Unlawful disclosure of data or information under this subchapter is a Class A misdemeanor.
(f)(1) A person commits the offense of failure to report a death under this subchapter if he or she:
(A) Is required to report a death under § 12-12-1709;
(B) Has reasonable cause to suspect that an adult or long-term care facility resident has died as a result of maltreatment; and
(C) Knowingly fails to make the report in the time and manner required under this subchapter.
(2) Failure to report a death under this subchapter is a Class C misdemeanor.
Cite this article: FindLaw.com - Arkansas Code Title 12. Law Enforcement, Emergency Management, and Military Affairs § 12-12-1720. Offenses--Civil liability - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-12-law-enforcement-emergency-management-and-military-affairs/ar-code-sect-12-12-1720/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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