Montana Title 45. Crimes § 45-5-801. Definitions

Current as of January 01, 2024 | Updated by Findlaw Staff

As used in this part, unless the context clearly indicates otherwise, the following definitions apply:

(1)(a) “Abuse” means:

(i) the commission of assault as described in 45-5-201;

(ii) the deprivation of food, shelter, clothing, or services necessary to maintain the physical or mental health of a vulnerable adult without lawful authority; or

(iii) the causing of personal degradation of a vulnerable adult in a place where the vulnerable adult has a reasonable expectation of privacy.

(b) For the purposes of subsection (1)(a)(ii), a declaration made pursuant to 50-9-103 constitutes lawful authority.

(2) “Incapacitated person” has the same meaning as provided in 72-5-101.

(3) “Neglect” means the failure of a person who has assumed legal responsibility or a contractual obligation for caring for a vulnerable adult or who has voluntarily assumed responsibility for the vulnerable adult's care, including an employee of a public or private residential institution, facility, home, or agency, to provide food, shelter, clothing, or services necessary to maintain the physical or mental health of the vulnerable adult.

(4)(a) “Personal degradation” means publication or distribution of a printed or electronic photograph or video of a vulnerable adult when the person publishing or distributing intends to demean or humiliate the vulnerable adult or knows or reasonably should know that the publication or distribution would demean or humiliate a reasonable person.

(b) The term does not include the recording and dissemination of images or video for treatment, diagnosis, regulatory compliance, or law enforcement purposes as part of an investigation or in accordance with a facility or program's confidentiality policy and release of information or consent policy.

(5) “Sexual abuse” means the commission of a sexual offense as described in Title 45, chapter 5, part 5, and Title 45, chapter 8, part 2.

(6) “Vulnerable adult” means a person who:

(a) is 60 years of age or older; or

(b) is 18 years of age or older and:

(i) is a person with a physical or mental impairment that substantially limits or restricts the person's ability to provide for their own care or protection; or

(ii) has a developmental disability as defined in 53-20-102.

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Cite this article: FindLaw.com - Montana Title 45. Crimes § 45-5-801. Definitions - last updated January 01, 2024 | https://codes.findlaw.com/mt/title-45-crimes/mt-code-ann-sect-45-5-801/

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