§ 12-12-1720 — Penalties

(a) (1) A person commits the offense of failure to report under this subchapter in the first degree if he or she: (A) Is a mandated reporter under § 12-12-1708 ; (B) Has observed or has reasonable cause to suspect that an endangered person or impaired person has been subjected to conditions or circumstances that constitute adult maltreatment or long-term care facility resident maltreatment; and (C) Knowingly fails to report or cause a report to be made to the adult and long-term care facility resident maltreatment hotline. (2) Failure to report under this subchapter in the first degree is a Class B misdemeanor. (b) (1) A person commits the offense of failure to report in the second degree if he or she: (A) Is a mandated reporter under § 12-12-1708 ; (B) Has observed or has reasonable cause to suspect that an endangered person or impaired person has been subjected to conditions or circumstances that constitute adult maltreatment or long-term care facility resident maltreatment; and (C) Knowingly fails to make a report or cause a report to be made in the manner and time provided in this subchapter to the adult and long-term care facility resident maltreatment hotline. (2) Failure to report in the second degree is a Class C misdemeanor. (c) A person or caregiver required by this subchapter to report a case of suspected adult maltreatment or long-term care facility resident maltreatment who purposely fails to do so is civilly liable for damages proximately caused by the failure. (d) (1) A person commits the offense of false reporting of adult abuse if he or she purposely makes a false report to the adult and long-term care facility resident maltreatment hotline knowing the allegation in the false report to be false. (2) For a first offense, false reporting of adult abuse is a Class A misdemeanor. (3) For a subsequent offense, false reporting of adult abuse is a Class D felony. (e) (1) A person commits the offense of unlawful disclosure of data or information under this subchapter if: (A) He or she purposely discloses data or information to a person to whom disclosure is not permitted under § 12-12-1717 or § 12-12-1718 ; or (B) He or she purposely encourages or permits the release of data or information to a person to whom disclosure is not permitted under § 12-12-1717 or § 12-12-1718 . (2) Unlawful disclosure of data or information under this subchapter is a Class A misdemeanor. (f) (1) A person commits the offense of failure to report a death under this subchapter if he or she: (A) Is required to report a death under § 12-12-1709 ; (B) Has reasonable cause to suspect that an adult or long-term care facility resident has died as a result of maltreatment; and (C) Knowingly fails to make the report in the time and manner required under this subchapter. (2) Failure to report a death under this subchapter is a Class C misdemeanor.

Legislative History

Amended by Act 2017, No. 250,§ 8, eff. 8/1/2017. Acts 2005, No. 1812, § 1; 2009, No. 165, § 12; 2009, No. 525, § 6.