§ 1377 — Abuse by unlawful restraint and unlawful confinement

(a) Except as provided in subsection (b) of this section, no person shall knowingly or recklessly:
(1) cause or threaten to cause unnecessary or unlawful confinement or unnecessary or unlawful restraint of a vulnerable adult; or
(2) administer or threaten to administer a drug, a substance, or electroconvulsive therapy to a vulnerable adult.
(b) This section shall not apply if the confinement, restraint, administration, or threat is:
(1) part of a legitimate and lawful medical or therapeutic treatment; or
(2) lawful and reasonably necessary to protect the safety of the vulnerable adult or others, provided that less intrusive alternatives have been attempted if doing so would be reasonable under the circumstances.
(c) A person who violates this section shall:
(1) be imprisoned not more than two years or fined not more than $10,000.00, or both.
(2) if the violation causes bodily injury, be imprisoned not more than three years or fined not more than $10,000.00, or both.
(3) if the violation causes serious bodily injury, be imprisoned not more than 15 years or fined not more than $10,000.00, or both.

Legislative History

(Added 2005, No. 79, § 2.)