(a) A person is guilty of abuse of an incompetent when: (1) he subjects an incompetent to cruel mistreatment; or (2) having an incompetent in his care of custody or under his control, he: (A) deserts that incompetent with intent to abandon him; (B) subjects that incompetent to cruel mistreatment; or (C) unreasonably causes or permits the physical or emotional health of that incompetent to be endangered.
(b) As used in this Section, incompetent means a person who is unable to care for himself because of old age, or because of physical or mental illness, disease or defect. (c) Abuse of an incompetent is a felony of the third degree when it is committed under circumstances likely to result in death or serious bodily injury. Otherwise, it is a misdemeanor. SOURCE: G.P.C. § 361; Compare M.P.C. § 230.5; *Cal. § 984 (1971); N.J. § 2C:24-5. COMMENT: § 31.40 supersedes former Penal Code § 361 and extends the same protection to incompetents that § 31.40 provides for children.