18.2-369 - Abuse and neglect of incapacitated adults; penalty. - Virginia Statutes

§ 18.2-369. Abuse and neglect of incapacitated adults; penalty.

A. It shall be unlawful for any responsible person to abuse or neglect anyincapacitated adult as defined in this section. Any responsible person whoabuses or neglects an incapacitated adult in violation of this section andthe abuse or neglect does not result in serious bodily injury or disease tothe incapacitated adult is guilty of a Class 1 misdemeanor. Any responsibleperson who is convicted of a second or subsequent offense under thissubsection is guilty of a Class 6 felony.

B. Any responsible person who abuses or neglects an incapacitated adult inviolation of this section and the abuse or neglect results in serious bodilyinjury or disease to the incapacitated adult is guilty of a Class 4 felony.Any responsible person who abuses or neglects an incapacitated adult inviolation of this section and the abuse or neglect results in the death ofthe incapacitated adult is guilty of a Class 3 felony.

C. For purposes of this section:

"Abuse" means (i) knowing and willful conduct that causes physical injuryor pain or (ii) knowing and willful use of physical restraint, includingconfinement, as punishment, for convenience or as a substitute for treatment,except where such conduct or physical restraint, including confinement, is apart of care or treatment and is in furtherance of the health and safety ofthe incapacitated person.

"Incapacitated adult" means any person 18 years or older who is impaired byreason of mental illness, mental retardation, physical illness or disability,advanced age or other causes to the extent the adult lacks sufficientunderstanding or capacity to make, communicate or carry out reasonabledecisions concerning his well-being.

"Neglect" means the knowing and willful failure by a responsible person toprovide treatment, care, goods or services which results in injury to thehealth or endangers the safety of an incapacitated adult.

"Responsible person" means a person who has responsibility for the care,custody or control of an incapacitated person by operation of law or who hasassumed such responsibility voluntarily, by contract or in fact.

"Serious bodily injury or disease" shall include but not be limited to (i)disfigurement, (ii) a fracture, (iii) a severe burn or laceration, (iv)mutilation, (v) maiming, or (vi) life-threatening internal injuries orconditions, whether or not caused by trauma.

D. No responsible person shall be in violation of this section whose conductwas (i) in accordance with the informed consent of the incapacitated personor a person authorized to consent on his behalf; (ii) in accordance with adeclaration by the incapacitated person under the Natural Death Act ofVirginia (§ 54.1-2981 et seq.) or with the provisions of a valid medicalpower of attorney; (iii) in accordance with the wishes of the incapacitatedperson or a person authorized to consent on behalf of the incapacitatedperson and in accord with the tenets and practices of a church or religiousdenomination; (iv) incident to necessary movement of, placement of orprotection from harm to the incapacitated person; or (v) a bona fide,recognized or approved practice to provide medical care.

(1992, c. 551; 1994, c. 620; 2000, c. 796; 2001, c. 181; 2004, c. 863; 2007,cc. 562, 653.)