Abuse of a vulnerable adult where the victim is put at risk of death or serious injury.
Depending on the facts, aggravated abuse of a vulnerable adult can be charged as a 2nd degree felony, 3rd degree felony or class A misdemeanor.
A defendant commits a 2nd degree felony aggravated abuse of an adult when they intentionally or knowingly create any circumstances likely to produce death or serious physical injury, any person, including a caretaker, who causes a vulnerable adult to suffer serious physical injury or, having the care or custody of a vulnerable adult, causes or permits that adult’s person or health to be injured, or causes or permits a vulnerable adult to be placed in a situation where the adult’s person or health is endangered.
A defendant commits a 3rd degree felony aggravated abuse of an adult when they recklessly create any circumstances likely to produce death or serious physical injury, any person, including a caretaker, who causes a vulnerable adult to suffer serious physical injury or, having the care or custody of a vulnerable adult, causes or permits that adult’s person or health to be injured, or causes or permits a vulnerable adult to be placed in a situation where the adult’s person or health is endangered.
A defendant commits a class A misdemeanor aggravated abuse of an adult when they, with criminal negligence, create any circumstances likely to produce death or serious physical injury, any person, including a caretaker, who causes a vulnerable adult to suffer serious physical injury or, having the care or custody of a vulnerable adult, causes or permits that adult’s person or health to be injured, or causes or permits a vulnerable adult to be placed in a situation where the adult’s person or health is endangered.
2nd: A fine not to exceed $10,000 , plus a 90% surcharge.
(Utah Code Ann. §76-3-301(1)(a), Utah Code Ann. §51-9-401)
3rd: A fine not to exceed $5,000 , plus a 90% surcharge.
(Utah Code Ann. §76-3-301(a)(b), Utah Code Ann. §51-9-401)
The court may order the accused to pay restitution if convicted of this crime.
(Utah Code Ann. §77-38a-301)
2nd degree felony: A term of imprisonment not less than 1 year nor more than 15 years.
(Utah Code Ann. §76-3-203(2))
3rd degree felony: A term of imprisonment not to exceed 5 years.
(Utah Code Ann. §76-3-203(3))
A defendant convicted of a class A misdemeanor, 2nd degree felony,
or 3rd degree felony aggravated abuse of a vulnerable adult must provide a DNA specimen.
(Utah Code Ann. §53-10-403(2))
A defendant convicted of a 2nd or 3rd degree felony aggravated abuse of a vulnerable adult may not posses, use or have control of a firearm or ammunition for life.
(Utah Code Ann. §76-10-503, 18 U.S.C. §922(g)(9))
Learn more about crimes related to Aggravated Abuse of a Vulnerable Adult. If you have any questions, please feel free to call our office at (801) 505-1586.