§ 12-12-1720 - Penalties.
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) (i) Knowingly fails to make a report in the manner and time provided in this subchapter to the adult and long-term care facility resident maltreatment hotline.
(ii) Knowingly fails to 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.