                                 CODE OF VIRGINIA

ABUSE AND NEGLECT OF VULNERABLE ADULTS; PENALTIES (§ 18.2-369)

A. It is unlawful for any responsible person to abuse or neglect any vulnerable
adult. Any responsible person who abuses or neglects a vulnerable adult in
violation of this section and the abuse or neglect does not result in serious
bodily injury or disease to the vulnerable adult is guilty of a Class 1
misdemeanor. Any responsible person who is convicted of a second or subsequent
offense under this subsection is guilty of a Class 6 felony.

B. Any responsible person who abuses or neglects a vulnerable adult in violation
of this section and the abuse or neglect results in serious bodily injury or
disease to the vulnerable adult is guilty of a Class 4 felony. Any responsible
person who abuses or neglects a vulnerable adult in violation of this section
and the abuse or neglect results in the death of the vulnerable adult is guilty
of a Class 3 felony.

C. For purposes of this section:
			&#8220;Abuse&#8221; means (i) knowing and willful conduct that causes
physical injury or pain or (ii) knowing and willful use of physical restraint,
including confinement, as punishment, for convenience or as a substitute for
treatment, except where such conduct or physical restraint, including
confinement, is a part of care or treatment and is in furtherance of the health
and safety of the vulnerable adult.
			&#8220;Neglect&#8221; means the knowing and willful failure by a responsible
person to provide treatment, care, goods, or services which results in injury to
the health or endangers the safety of a vulnerable adult.
			&#8220;Responsible person&#8221; means a person who has responsibility for
the care, custody, or control of a vulnerable adult by operation of law or who
has assumed such responsibility voluntarily by contract or in fact.
			&#8220;Serious bodily injury or disease&#8221; includes but is not limited to
(i) disfigurement, (ii) a fracture, (iii) a severe burn or laceration, (iv)
mutilation, (v) maiming, or (vi) life-threatening internal injuries or
conditions, whether or not caused by trauma.
			&#8220;Vulnerable adult&#8221; means any person 18 years of age or older who
is impaired by reason of mental illness, intellectual or developmental
disability, physical illness or disability, or other causes, including age, to
the extent the adult lacks sufficient understanding or capacity to make,
communicate, or carry out reasonable decisions concerning his well-being or has
one or more limitations that substantially impair the adult&#8217;s ability to
independently provide for his daily needs or safeguard his person, property, or
legal interests.

D. No responsible person shall be in violation of this section whose conduct was
(i) in accordance with the informed consent of the vulnerable adult that was
given when he was not vulnerable or a person authorized to consent on his
behalf; (ii) in accordance with a declaration by the vulnerable adult under the
Health Care Decisions Act (&#xA7; 54.1-2981 et seq.) that was given when he was
not vulnerable or with the provisions of a valid medical power of attorney;
(iii) in accordance with the wishes of the vulnerable adult that were made known
when he was not vulnerable or a person authorized to consent on behalf of the
vulnerable adult and in accord with the tenets and practices of a church or
religious denomination; (iv) incident to necessary movement of, placement of, or
protection from harm to the vulnerable adult; or (v) a bona fide, recognized, or
approved practice to provide medical care.

HISTORY: 1992, c. 551; 1994, c. 620; 2000, c. 796; 2001, c. 181; 2004, c. 863;
2007, cc. 562, 653; 2012, cc. 476, 507; 2019, c. 234; 2022, cc. 259, 642.