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Current as of January 01, 2025 | Updated by Findlaw Staff
(1)(a) As used in this section, “abuse,” “caretaker,” “isolation,” “neglect,” “serious physical injury,” and “vulnerable adult” all mean the same as those terms are defined in Section 76-5-111.
(b) Terms defined in Section 76-1-101.5 apply to this section.
(2) An actor, including a caretaker, commits aggravated abuse of a vulnerable adult if the actor, under a circumstance likely to produce death or serious physical injury:
(a) causes a vulnerable adult to suffer serious physical injury;
(b) having the care or custody of a vulnerable adult, causes or permits the vulnerable adult's person or health to be injured; or
(c) causes or permits a vulnerable adult to be placed in a situation in which the vulnerable adult's person or health is endangered.
(3)(a) A violation of Subsection (2) is a second degree felony if done intentionally or knowingly.
(b) A violation of Subsection (2) is a third degree felony if done recklessly.
(c) A violation of Subsection (2) is a class A misdemeanor if done with criminal negligence.
(4)(a) It does not constitute a defense to a prosecution for a violation of this section that the actor did not know the age of the vulnerable adult.
(b) An adult is not considered abused, neglected, or a vulnerable adult for the reason that the adult has chosen to rely solely upon religious, nonmedical forms of healing in lieu of medical care.
(5) If an actor, including a caretaker, violates this section by willfully isolating a vulnerable adult, in addition to the penalties under Subsection (3), the court may require that the actor:
(a) undergo appropriate counseling as a condition of the sentence; and
(b) pay for the costs of the ordered counseling.
Cite this article: FindLaw.com - Utah Code Title 76. Utah Criminal Code § 76-5-111.2. Aggravated abuse of a vulnerable adult--Penalties - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-76-utah-criminal-code/ut-code-sect-76-5-111-2/
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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