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Assault Related Offenses: Aggravated Abuse of a Vulnerable Adult


Aggravated Abuse of a Vulnerable Adult: Assault Offenses Attorneys

Assault - Assault Offenses - Attorneys

Legal Definition:

Abuse of a vulnerable adult where the victim is put at risk of death or serious injury.

Aggravated Abuse of a Vulnerable Adult

Utah Code §76-5-110

Degree

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.

Elements

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.

Fine

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)

Restitution

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

Imprisonment

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))

DNA Specimen Analysis

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))

Firearms

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))


Other Criminal Charges

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.

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