76-5-111.2. Aggravated abuse of a vulnerable adult -- Penalties.
(1) As used in this section, "abuse," "caretaker," "isolation," "neglect," "serious physical injury," and "vulnerable adult" all mean the same as those terms are defined in Section. 76-5-111 Terms defined in Sectionapply to this section. 76-1-101.5
(2) An actor, including a caretaker, commits aggravated abuse of a vulnerable adult if the actor, under a circumstance likely to produce death or serious physical injury: causes a vulnerable adult to suffer serious physical injury; having the care or custody of a vulnerable adult, causes or permits the vulnerable adult's person or health to be injured; or causes or permits a vulnerable adult to be placed in a situation in which the vulnerable adult's person or health is endangered.
(3) A violation of Subsectionis a second degree felony if done intentionally or knowingly. (2) A violation of Subsectionis a third degree felony if done recklessly. (2) A violation of Subsectionis a class A misdemeanor if done with criminal negligence. (2)
(4) It does not constitute a defense to a prosecution for a violation of this section that the actor did not know the age of the vulnerable adult. An adult is not considered abused, neglected, or a vulnerable adult for the reason that the adult has chosen to rely solely upon religious, nonmedical forms of healing in lieu of medical care.
(5) If an actor, including a caretaker, violates this section by willfully isolating a vulnerable adult, in addition to the penalties under Subsection, the court may require that the actor: (3) undergo appropriate counseling as a condition of the sentence; and pay for the costs of the ordered counseling.