Section 565.214

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 565

Effective - 28 Aug 2007, 2 histories, see footnote   (history) 

  *565.214.  Until December 31, 2016 — Vulnerable person abuse in the third degree, penalty. — 1.  A person commits the crime of vulnerable person abuse in the third degree if he or she:

  (1)  Knowingly causes or attempts to cause physical contact with any vulnerable person as defined in section 630.005, knowing the other person will regard the contact as harmful or offensive; or

  (2)  Purposely engages in conduct involving more than one incident that causes grave emotional distress to a vulnerable person, as defined in section 630.005.  The result of the conduct shall be such as would cause a vulnerable person, as defined in section 630.005, to suffer substantial emotional distress; or

  (3)  Purposely or knowingly places a vulnerable person, as defined in section 630.005, in apprehension of immediate physical injury; or

  (4)  Intentionally fails to provide care, goods or services to a vulnerable person, as defined in section 630.005.  The result of the conduct shall be such as would cause a vulnerable person, as defined in section 630.005, to suffer physical or emotional distress; or

  (5)  Knowingly acts or knowingly fails to act with malice in a manner that results in a grave risk to the life, body or health of a vulnerable person, as defined in section 630.005; or

  (6)  Is a person who is a vendor, provider, agent, or employee of a department operated, funded, licensed, or certified program and engages in sexual contact, as defined by subdivision (3) of section 566.010, or sexual intercourse, as defined by subdivision (4) of section 566.010, with a vulnerable person.

  2.  Vulnerable person abuse in the third degree is a class A misdemeanor.

  3.  Actions done in good faith and without gross negligence that are designed to protect the safety of the individual and the safety of others, or are provided within accepted standards of care and treatment, shall not be considered as abuse of a vulnerable person as defined in this section.

  4.  Nothing in this section shall be construed to mean that a vulnerable person is abused solely because such person chooses to rely on spiritual means through prayer, in lieu of medical care, for his or her health care, as evidenced by the vulnerable person's explicit consent, advance directive for health care, or practice.

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(L. 2007 S.B. 3)

*This section was repealed by S.B. 491, 2014, effective 1-01-17.  Due to the delayed repeal date, the version of this section in effect until 12-31-16 is printed here.