52-3-825. Penalties. (1) A person who purposely or knowingly fails to make a report required by 52-3-811 or discloses or fails to disclose the contents of a case record or report in violation of 52-3-813 is guilty of an offense and upon conviction is punishable as provided in 46-18-212.
(2) (a) Except as provided in subsection (2)(c), a person who purposely or knowingly abuses, sexually abuses, or neglects an older person or a person with a developmental disability is guilty of a felony and shall be imprisoned for a term not to exceed 10 years and be fined an amount not to exceed $10,000, or both.
(b) (i) Except as provided in subsection (2)(c), a person who negligently abuses an older person or a person with a developmental disability is guilty of a misdemeanor and upon a first conviction shall be fined an amount not to exceed $1,000 or be imprisoned in the county jail for a term not to exceed 1 year, or both.
(ii) Upon a second or subsequent conviction of the conduct described in subsection (2)(b)(i), the person is guilty of a felony and shall be imprisoned for a term not to exceed 10 years and be fined an amount not to exceed $10,000, or both.
(c) (i) A person who causes personal degradation to an older person or a person with a developmental disability in a place where the older person or person with a developmental disability has a reasonable expectation of privacy is, for a first offense, guilty of a misdemeanor and shall be imprisoned in the county jail for a term not to exceed 6 months or be fined an amount not to exceed $500, or both;
(ii) Upon a second or subsequent conviction of the conduct described in subsection (2)(c)(i), the person is guilty of a felony and shall be imprisoned for a term not to exceed 10 years or be fined an amount not to exceed $10,000, or both.
(d) A person with a developmental disability may not be charged under subsections (2)(a) through (2)(c).
History: En. Sec. 10, Ch. 623, L. 1983; amd. Sec. 2, Ch. 668, L. 1985; amd. Sec. 1, Ch. 411, L. 1987; amd. Sec. 9, Ch. 198, L. 1989; Sec. 53-5-525, MCA 1989; redes. 52-3-825 by Code Commissioner, 1991; amd. Sec. 9, Ch. 167, L. 1993; amd. Sec. 7, Ch. 465, L. 1995; amd. Sec. 8, Ch. 196, L. 1999; amd. Sec. 2, Ch. 350, L. 2003; amd. Sec. 1, Ch. 429, L. 2005; amd. Sec. 2, Ch. 158, L. 2013; amd. Sec. 3, Ch. 180, L. 2015; amd. Sec. 2, Ch. 329, L. 2019.
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