§ 14-32.3. Domestic abuse, neglect, and exploitation of disabled or elder adults. - North Carolina Statutes

§ 14‑32.3.  Domesticabuse, neglect, and exploitation of disabled or elder adults.

(a)        Abuse. – A personis guilty of abuse if that person is a caretaker of a disabled or elder adultwho is residing in a domestic setting and, with malice aforethought, knowinglyand willfully: (i) assaults, (ii) fails to provide medical or hygienic care, or(iii) confines or restrains the disabled or elder adult in a place or under acondition that is cruel or unsafe, and as a result of the act or failure to actthe disabled or elder adult suffers mental or physical injury.

If the disabled or elder adultsuffers serious injury from the abuse, the caretaker is guilty of a Class Ffelony. If the disabled or elder adult suffers injury from the abuse, thecaretaker is guilty of a Class H felony.

A person is not guilty of anoffense under this subsection if the act or failure to act is in accordancewith G.S. 90‑321 or G.S. 90‑322.

(b)        Neglect. – A personis guilty of neglect if that person is a caretaker of a disabled or elder adultwho is residing in a domestic setting and, wantonly, recklessly, or with grosscarelessness: (i) fails to provide medical or hygienic care, or (ii) confinesor restrains the disabled or elder adult in a place or under a condition thatis unsafe, and as a result of the act or failure to act the disabled or elderadult suffers mental or physical injury.

If the disabled or elder adultsuffers serious injury from the neglect, the caretaker is guilty of a Class Gfelony. If the disabled or elder adult suffers injury from the neglect, thecaretaker is guilty of a Class I felony.

A person is not guilty of anoffense under this subsection if the act or failure to act is in accordancewith G.S. 90‑321 or G.S. 90‑322.

(c)        Repealed by SessionLaws 2005‑272, s. 1, effective December 1, 2005, and applicable tooffenses committed on or after that date.

(d)        Definitions. – Thefollowing definitions apply in this section:

(1)        Caretaker. – Aperson who has the responsibility for the care of a disabled or elder adult asa result of family relationship or who has assumed the responsibility for thecare of a disabled or elder adult voluntarily or by contract.

(2)        Disabled adult. – Aperson 18 years of age or older or a lawfully emancipated minor who is presentin the State of North Carolina and who is physically or mentally incapacitatedas defined in G.S. 108A‑101(d).

(3)        Domestic setting. –Residence in any residential setting except for a health care facility orresidential care facility as these terms are defined in G.S. 14‑32.2.

(4)        Elder adult. – Aperson 60 years of age or older who is not able to provide for the social,medical, psychiatric, psychological, financial, or legal services necessary tosafeguard the person's rights and resources and to maintain the person's physicaland mental well‑being. (1995, c. 246, s. 1; 1995 (Reg. Sess., 1996), c. 742,s. 9; 2005‑272, s. 1.)