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Ch. 321
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2002 LAWS OP MARYLAND
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(II) CAUSES SERIOUS BODILY PHYSICAL INJURY TO THE
VULNERABLE ADULT; OR
(III) INVOLVES SEXUAL ABUSE OF THE VULNERABLE ADULT.
(c) A person who violates this section is guilty of [a misdemeanor] THE
FELONY OF ABUSE OR NEGLECT OF A VULNERABLE ADULT IN THE FIRST DEGREE
and on conviction is subject to imprisonment not exceeding [5] 15 10 years or a fine
not exceeding [$5,000] $15,000 $10,000 or both.
(d) A sentence imposed under this section shall be in addition to any other
sentence imposed for a conviction arising from the same facts and circumstances
unless the evidence required to prove each crime is substantially identical.
3-604.
(A) THIS SECTION DOES NOT APPLY TO ABUSE THAT INVOLVES SEXUAL
ABUSE OF A VULNERABLE ADULT.
(B) (1) A CAREGIVER, A PARENT, OR OTHER PERSON WHO HAS PERMANENT
OR TEMPORARY CARE OR RESPONSIBILITY FOR THE SUPERVISION OF A VULNERABLE
ADULT MAY NOT CAUSE ABUSE OR NEGLECT OF THE VULNERABLE ADULT.
(2) A HOUSEHOLD MEMBER OR FAMILY MEMBER MAY NOT CAUSE
ABUSE OR NEGLECT OF A VULNERABLE ADULT.
(C) A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF THE
MISDEMEANOR OF ABUSE OR NEGLECT OF A VULNERABLE ADULT IN THE SECOND
DEGREE AND ON CONVICTION IS SUBJECT TO IMPRISONMENT NOT EXCEEDING 5
YEARS OR A FINE NOT EXCEEDING $5,000 OR BOTH.
(D) A SENTENCE IMPOSED UNDER THIS SECTION SHALL BE IN ADDITION TO
ANY OTHER SENTENCE IMPOSED FOR A CONVICTION ARISING FROM THE SAME
FACTS AND CIRCUMSTANCES UNLESS THE EVIDENCE REQUIRED TO PROVE EACH
CRIME IS SUBSTANTIALLY IDENTICAL.
3-605.
If a State or local unit receives a report of present or past abuse or neglect of a
vulnerable adult, an investigation shall be conducted in accordance with:
(1) § 7-1005 of the Health - General Article if the adult has a
developmental disability as defined in § 7-101 of the Health - General Article;
(2) § 10-705 of the Health - General Article if the adult is in a facility as
defined in § 10-101 of the Health - General Article;
(3) § 19-346 or § 19-347 of the Health - General Article if the adult is a
resident of a related institution as defined in § 19-301 of the Health - General Article;
and
(4) §§ 14-301 through 14-309 of the Family Law Article if the adult does
not meet the criteria of item (1), (2), or (3) of this [subsection] SECTION.
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- 2806 -
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