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O.C.G.A. § 30-5-7 <-- --> O.C.G.A. §30-5-9

2010 Georgia Code

TITLE 30 - HANDICAPPED PERSONS

CHAPTER 5 - PROTECTION OF DISABLED ADULTS AND ELDER PERSONS
§ 30-5-8 - Criminal offenses and penalties

O.C.G.A. 30-5-8 (2010)
30-5-8. Criminal offenses and penalties


(a) (1) In addition to any other provision of law, the abuse, neglect, or exploitation of any disabled adult or elder person shall be unlawful.

(2) In addition to any other provision of law, it shall be unlawful for a person to act with the specific intent to abuse, neglect, or commit exploitation of any disabled adult. For purposes of this paragraph only, the term "disabled adult" means a person 18 years of age or older who is:

(A) A resident of a long-term care facility, as defined in Article 4 of Chapter 8 of Title 31; and

(B) Mentally or physically incapacitated or has Alzheimer's disease, as defined in Code Section 31-8-180, or dementia, as defined in Code Section 49-6-72.

An owner, officer, administrator, or board member of a long-term care facility shall not be held criminally liable for the actions of a person who is convicted pursuant to this paragraph. Nothing in this paragraph shall be construed to preempt any other law or to deny to any individual any rights or remedies which are provided under any other law.

(3) Except as otherwise provided in Title 16, any person violating the provisions of this subsection shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than one nor more than five years.

(b) (1) It shall be unlawful for any person or official required by paragraph (1) of subsection (a) of Code Section 30-5-4 to report a case of disabled adult or elder person abuse to fail knowingly and willfully to make such report.

(2) Any person violating the provisions of this subsection shall be guilty of a misdemeanor.

(c) Any violation of this Code section shall constitute a separate offense.