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H.B. 838 VETOES
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(I) CREATES A SUBSTANTIAL RISK OF DEATH; OR
(II) CAUSES PERMANENT OR PROTRACTED SERIOUS:
1. DISFIGUREMENT;
2. LOSS OF THE FUNCTION OF ANY BODILY MEMBER OR
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ORGAN; OR
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3. IMPAIRMENT OF THE FUNCTION OF ANY BODILY MEMBER
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OR ORGAN.
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[(8)] (9) (i) "Sexual abuse" means an act that involves sexual
molestation or exploitation of a vulnerable adult.
(ii) "Sexual abuse" includes:
1. incest;
2. rape;
3. sexual offense in any degree;
4. sodomy; and
5. unnatural or perverted sexual practices.
[(9)] (10) "Vulnerable adult" means an adult who lacks the physical or
mental capacity to provide for the adult's daily needs.
(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 THAT:
(I) RESULTS IN THE DEATH OF THE VULNERABLE ADULT;
(II) CAUSES SERIOUS PHYSICAL INJURY TO THE VULNERABLE
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ADULT; OR
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(III) INVOLVES SEXUAL ABUSE OF THE VULNERABLE ADULT.
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(2) A household member or family member may not cause abuse or
neglect of a vulnerable adult THAT:
(I) RESULTS IN THE DEATH OF THE VULNERABLE ADULT;
(II) CAUSES SERIOUS 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.
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- 5226 -
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