(a) Offense defined.--A caretaker is guilty of abuse of a care-dependent person if the caretaker:
(1) With the intent to harass, annoy or alarm a care-dependent person:
(i) strikes, shoves, kicks or otherwise subjects or attempts to subject a care-dependent person to or threatens a care-dependent person with physical contact;
(ii) engages in a course of conduct or repeatedly commits acts that serve no legitimate purpose;
(iii) communicates to a care-dependent person any lewd, lascivious, threatening or obscene words, language, drawings or caricatures; or
(iv) communicates repeatedly with the care-dependent person at extremely inconvenient hours.
(2) Commits an offense under section 2709.1 (relating to stalking) against a care-dependent person.
(b) Penalty.--
(1) A violation of subsection (a)(1) constitutes a misdemeanor of the first degree.
(2) A violation of subsection (a)(2) constitutes a felony of the third degree.
(c) Report during investigation.--When, in the course of conducting a regulatory or investigative responsibility, the Department of Aging, the Department of Health or the Department of Human Services has reasonable cause to believe that a caretaker has engaged in conduct in violation of this section or section 2713 (relating to neglect of care-dependent person), a report shall be made immediately to the local law enforcement agency or to the Office of Attorney General.
(d) Enforcement.--
(1) The district attorneys of the several counties shall have authority to investigate and institute criminal proceedings for a violation of this section or section 2713.
(2) In addition to the authority conferred upon the Attorney General under the act of October 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act, the Attorney General shall have the authority to investigate and institute criminal proceedings for a violation of this section. A person charged with a violation of this section by the Attorney General shall not have standing to challenge the authority of the Attorney General to investigate or prosecute the case, and, if the challenge is made, the challenge shall be dismissed and no relief shall be available in the courts of this Commonwealth to the person making the challenge.
(e) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
"Care-dependent person." The term shall have the same meaning given to it under section 2713.
"Caretaker." The term shall have the same meaning given to it under section 2713.
"Person." The term shall have the same meaning given to it under section 2713.
(June 28, 2018, P.L.371, No.53, eff. 60 days)
2018 Amendment. Act 53 added section 2713.1.
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