21-3437. Mistreatment of a dependent adult.
21-3437
21-3437. Mistreatment of a dependent adult.(a) Mistreatment of a dependent adult is knowingly and intentionally committingone or more of the following acts:
(1) Infliction of physical injury, unreasonable confinement or cruelpunishment upon a dependent adult;
(2) taking unfair advantage of a dependent adult's physical or financialresources for another individual's personal or financial advantage by the useof undue influence, coercion, harassment, duress, deception, falserepresentation or false pretense by a caretaker or another person; or
(3) omitting or depriving treatment, goods or services by a caretaker oranother person which are necessary to maintain physical or mental health of adependent adult.
(b) No dependent adult is considered to be mistreated for the sole reasonthat such dependent adult relies upon or is being furnished treatment byspiritual means through prayer in lieu of medical treatment in accordance withthe tenets and practices of a recognized church or religious denomination ofwhich such dependent adult is a member or adherent.
(c) For purposes of this section: "Dependent adult" means an individual 18years of age or older who is unable to protect their own interest. Such termshall include:
(1) Any resident of an adult care home including but not limited to thosefacilities defined by K.S.A. 39-923 and amendments thereto;
(2) any adult cared for in a private residence;
(3) any individual kept, cared for, treated, boarded or otherwiseaccommodated in a medical care facility;
(4) any individual with mental retardation or a developmental disabilityreceiving services through a community mental retardation facility orresidential facility licensed under K.S.A. 75-3307b and amendments thereto;
(5) any individual with a developmental disability receiving servicesprovided by a community service provider as provided in the developmentaldisability reform act; or
(6) any individual kept, cared for, treated, boarded or otherwiseaccommodated in a state psychiatric hospital or state institution for thementally retarded.
(d) (1) Mistreatment of a dependent adult as defined in subsection (a)(1)is a severity level 6, person felony.
(2) Mistreatment of a dependent adult as defined in subsection (a)(2) is aseverity level 6, person felony if the aggregate amount of the value of theresources is $100,000 or more.
(3) Mistreatment of a dependent adult as defined insubsection (a)(2) is aseverity level 7, person felony if the aggregate amount of the value of theresources is at least $25,000 but less than$100,000.
(4) Mistreatment of a dependent adult as defined insubsection (a)(2) is aseverity level 9, person felony if the aggregate amount of the value of theresources is at least $1,000 but less than $25,000.
(5) Mistreatment of a dependent adult as defined insubsection (a)(2) is aclass A person misdemeanor if the aggregate amount of the value of theresources is less than $1,000.
(6) Mistreatment of a dependent adult as defined insubsection (a)(3) is aclass A person misdemeanor.
(7) Mistreatment of a dependent adult as defined insubsection (a)(2) is aseverity level 9, person felony if the aggregate amount of the value of theresources is less than $1,000 and committed by a person whohas, within fiveyears immediately preceding commission of the crime, been convicted ofmistreatment of a dependent adult two or more times.
History: L. 1992, ch. 298, § 85;L. 1993, ch. 291, § 252;L. 1995, ch. 234, § 14;L. 2004, ch. 45, § 1;L. 2006, ch. 194, § 16;L. 2007, ch. 172, § 1; July 1.