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Montana Title 52. Family Services § 52-3-825. Penalties

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

(1) A person is guilty of an offense and on conviction is punishable as provided in 46-18-212 if the person purposely or knowingly:

(a) fails to make a report required by 52-3-811;

(b) fails to disclose the contents of a case record or report in violation of 52-3-813;

(c) gives false information to any adult protective services representative, county attorney, or law enforcement officer with the purpose to implicate another person;

(d) reports to adult protective services, the county attorney, or law enforcement authorities an offense or other incident within the person's concern knowing that it did not occur; or

(e) pretends to furnish adult protective services, the county attorney, or law enforcement authorities with information relating to an offense or incident when the person knows that the person has no information relating to the offense.

(2)(a) Except as provided in subsection (2)(c), a person who purposely or knowingly abuses, sexually abuses, or neglects a vulnerable adult is guilty of a felony and shall be imprisoned for a term not to exceed 10 years and be fined an amount not to exceed $10,000, or both.

(b)(i) Except as provided in subsection (2)(c), a person who negligently abuses a vulnerable adult is guilty of a misdemeanor and upon a first conviction shall be fined an amount not to exceed $1,000 or be imprisoned in the county jail for a term not to exceed 1 year, or both.

(ii) Upon a second or subsequent conviction of the conduct described in subsection (2)(b)(i), the person is guilty of a felony and shall be imprisoned for a term not to exceed 10 years and be fined an amount not to exceed $10,000, or both.

(c)(i) A person who causes personal degradation to a vulnerable adult in a place where the vulnerable adult has a reasonable expectation of privacy is, for a first offense, guilty of a misdemeanor and shall be imprisoned in the county jail for a term not to exceed 6 months or be fined an amount not to exceed $500, or both;

(ii) Upon a second or subsequent conviction of the conduct described in subsection (2)(c)(i), the person is guilty of a felony and shall be imprisoned for a term not to exceed 10 years or be fined an amount not to exceed $10,000, or both.

(d) A person 18 years of age or older who has a developmental disability, as defined in 53-20-102, may not be charged under subsections (2)(a) through (2)(c).

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Cite this article: FindLaw.com - Montana Title 52. Family Services § 52-3-825. Penalties - last updated January 01, 2024 | https://codes.findlaw.com/mt/title-52-family-services/mt-st-52-3-825/

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