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Assault Related Offenses: Abuse of a Vulnerable Adult


Abuse of a Vulnerable Adult: Assault Offenses Attorneys

Assault - Assault Offenses - Attorneys

Legal Definition:

Abuse or neglect of a vulnerable adult is a crime whereby a person mistreats a person over the age of 18 who has a physical, developmental, social, emotional or other disability.

Abuse of a Vulnerable Adult

Utah Code §76-5-111(3)

Degree

Depending on the facts, abuse of a vulnerable adult can be charged as a class A misdemeanor, class B misdemeanor, or class C misdemeanor.

Elements

A defendant commits a class A misdemeanor abuse of a vulnerable adult when they intentionally or knowingly create any circumstances other than those likely to produce death or serious physical injury, any person, including a caretaker, who causes a vulnerable adult to suffer harm, abuse, or neglect; or, having the care or custody of a vulnerable adult, causes or permits the vulnerable adult to be placed in a situation where the adult's person or health is endangered.

A defendant commits a class B misdemeanor abuse of a vulnerable adult when they recklessly create any circumstances other than those likely to produce death or serious physical injury, any person, including a caretaker, who causes a vulnerable adult to suffer harm, abuse, or neglect; or, having the care or custody of a vulnerable adult, causes or permits the vulnerable adult to be placed in a situation where the adult's person or health is endangered.

A defendant commits a class C misdemeanor abuse of a vulnerable adult when they, with criminal negligence, create any circumstances other than those likely to produce death or serious physical injury, any person, including a caretaker, who causes a vulnerable adult to suffer harm, abuse, or neglect; or, having the care or custody of a vulnerable adult, causes or permits the vulnerable adult to be placed in a situation where the adult's person or health is endangered.

Fine

Class A misdemeanor: A fine not to exceed $2,500, plus a 90% surcharge.
(Utah Code Ann. §76-3-301(1)(c), Utah Code Ann. §51-9-401)
Class B misdemeanor: A fine not to exceed $1,000, plus a 90% surcharge.
(Utah Code Ann. §76-3-301(1)(d), Utah Code Ann. §51-9-401)
Class C misdemeanor: A fine not to exceed $750, plus a 35% surcharge.
(Utah Code Ann. §76-3-301(1)(e), Utah Code Ann. §51-9-401)

Restitution

The court may order the accused to pay restitution if convicted of this crime.
(Utah Code Ann. §77-38a-301)

Imprisonment

Class A misdemeanor: A term in jail not to exceed 1 year.
(Utah Code Ann. §76-3-204(1))
Class B misdemeanor: A term in jail not to exceed 6 months.
(Utah Code Ann. §76-3-204(2))
Class C misdemeanor: A term in jail not to exceed 90 days.
(Utah Code Ann. §76-3-204(3))

DNA Specimen Analysis

A defendant convicted of a class A misdemeanor abuse of a vulnerable adult must provide a DNA specimen.
(Utah Code Ann. §53-10-403(2))


Other Criminal Charges

Learn more about crimes related to Abuse of a Vulnerable Adult. If you have any questions, please feel free to call our office at (801) 505-1586.

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