Section 3-604 - Abuse or neglect of a vulnerable adult in the first degree(a)(1) In this section and §§ 3-605 and 3-606 of this subtitle the following words have the meanings indicated.(2)(i) "Abuse" means the sustaining of physical pain or injury by a vulnerable adult as a result of cruel or inhumane treatment or as a result of a malicious act under circumstances that indicate that the vulnerable adult's health or welfare is harmed or threatened.(ii) "Abuse" includes the sexual abuse of a vulnerable adult.(iii) "Abuse" does not include an accepted medical or behavioral procedure ordered by a health care provider authorized to practice under the Health Occupations Article or § 13-516 of the Education Article acting within the scope of the health care provider's practice.(3) "Caregiver" means a person under a duty to care for a vulnerable adult because of a contractual undertaking to provide care.(4) "Family member" means a relative of a vulnerable adult by blood, marriage, adoption, or the marriage of a child.(5) "Household" means the location:(i) in which the vulnerable adult resides;(ii) where the abuse or neglect of a vulnerable adult is alleged to have taken place; or(iii) where the person suspected of abusing or neglecting a vulnerable adult resides.(6) "Household member" means an individual who lives with or is a regular presence in a home of a vulnerable adult at the time of the alleged abuse or neglect.(7)(i) "Neglect" means the intentional failure to provide necessary assistance and resources for the physical needs of a vulnerable adult, including: 4. essential medical treatment;(ii) "Neglect" does not include the provision of nonmedical remedial care and treatment for the healing of injury or disease that is:1. given with the consent of the vulnerable adult; and2. recognized by State law in place of medical treatment.(8) "Serious physical injury" means physical injury that:(i) creates a substantial risk of death; or(ii) causes permanent or protracted serious:2. loss of the function of any bodily member or organ; or3. impairment of the function of any bodily member or organ.(9)(i) "Sexual abuse" means an act that involves sexual molestation or exploitation of a vulnerable adult.(ii) "Sexual abuse" includes:3. sexual offense in any degree; and4. any other sexual conduct that is a crime.(10) "Vulnerable adult" means an adult who lacks the physical or mental capacity to provide for the adult's daily needs.(b)(1) A caregiver, a parent, or other person who has permanent or temporary care or responsibility for the supervision of a vulnerable adult may not cause abuse or neglect of the vulnerable adult that: (i) results in the death of the vulnerable adult;(ii) causes serious physical injury to the vulnerable adult; or(iii) involves sexual abuse of the vulnerable adult.(2) A household member or family member may not cause abuse or neglect of a vulnerable adult that:(i) results in the death of the vulnerable adult;(ii) causes serious physical injury to the vulnerable adult; or(iii) involves sexual abuse of the vulnerable adult.(c) A person who violates this section is guilty of the felony of abuse or neglect of a vulnerable adult in the first degree and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 or both.(d) A sentence imposed under this section shall be in addition to any other sentence imposed for a conviction arising from the same facts and circumstances unless the evidence required to prove each crime is substantially identical.Amended by 2023 Md. Laws, Ch. 797, Sec. 1, eff. 10/1/2023.Amended by 2023 Md. Laws, Ch. 796, Sec. 1, eff. 10/1/2023.Amended by 2020 Md. Laws, Ch. 45, Sec. 1, eff. 10/1/2020.