(a) (1) In this section and §§ 3-605 and 3-606 of this subtitle the following words have the meanings indicated. (2) (i) "Abuse" means the sustaining of physical pain or injury by a vulnerable adult as a result of cruel or inhumane treatment or as a result of a malicious act under circumstances that indicate that the vulnerable adult's health or welfare is harmed or threatened. (ii) "Abuse" includes the sexual abuse of a vulnerable adult. (iii) "Abuse" does not include an accepted medical or behavioral procedure ordered by a health care provider authorized to practice under the Health Occupations Article or § 13-516 of the Education Article acting within the scope of the health care provider's practice. (3) "Caregiver" means a person under a duty to care for a vulnerable adult because of a contractual undertaking to provide care. (4) "Family member" means a relative of a vulnerable adult by blood, marriage, adoption, or the marriage of a child. (5) "Household" means the location: (i) in which the vulnerable adult resides; (ii) where the abuse or neglect of a vulnerable adult is alleged to have taken place; or (iii) where the person suspected of abusing or neglecting a vulnerable adult resides. (6) "Household member" means an individual who lives with or is a regular presence in a home of a vulnerable adult at the time of the alleged abuse or neglect. (7) (i) "Neglect" means the intentional failure to provide necessary assistance and resources for the physical needs of a vulnerable adult, including: 1. food; 2. clothing; 3. toileting; 4. essential medical treatment; 5. shelter; or 6. supervision. (ii) "Neglect" does not include the provision of nonmedical remedial care and treatment for the healing of injury or disease that is: 1. given with the consent of the vulnerable adult; and 2. recognized by State law in place of medical treatment. (8) "Serious physical injury" means physical injury that: (i) creates a substantial risk of death; or (ii) causes permanent or protracted serious: 1. disfigurement; 2. loss of the function of any bodily member or organ; or 3. impairment of the function of any bodily member or organ. (9) (i) "Sexual abuse" means an act that involves sexual molestation or exploitation of a vulnerable adult. (ii) "Sexual abuse" includes: 1. incest; 2. rape; 3. sexual offense in any degree; and 4. any other sexual conduct that is a crime. (10) "Vulnerable adult" means an adult who lacks the physical or mental capacity to provide for the adult's daily needs. (b) (1) A caregiver, a parent, or other person who has permanent or temporary care or responsibility for the supervision of a vulnerable adult may not cause abuse or neglect of the vulnerable adult that: (i) results in the death of the vulnerable adult; (ii) causes serious physical injury to the vulnerable adult; or (iii) involves sexual abuse of the vulnerable adult. (2) A household member or family member may not cause abuse or neglect of a vulnerable adult that: (i) results in the death of the vulnerable adult; (ii) causes serious physical injury to the vulnerable adult; or (iii) involves sexual abuse of the vulnerable adult. (c) A person who violates this section is guilty of the felony of abuse or neglect of a vulnerable adult in the first degree and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 or both. (d) A sentence imposed under this section shall be in addition to any other sentence imposed for a conviction arising from the same facts and circumstances unless the evidence required to prove each crime is substantially identical.
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