{"data":{"id":"us-md/md.-code-criminal-law-3-604","jurisdiction":"us-md","citation":"Md. Code, Criminal Law § 3–604","heading":"","body":"(a) (1) In this section and §§ 3–605 and 3–606 of this subtitle the following words have the meanings indicated.\n(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.\n(ii) “Abuse” includes the sexual abuse of a vulnerable adult.\n(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.\n(3) “Caregiver” means a person under a duty to care for a vulnerable adult because of a contractual undertaking to provide care.\n(4) “Family member” means a relative of a vulnerable adult by blood, marriage, adoption, or the marriage of a child.\n(5) “Household” means the location:\n(i) in which the vulnerable adult resides;\n(ii) where the abuse or neglect of a vulnerable adult is alleged to have taken place; or\n(iii) where the person suspected of abusing or neglecting a vulnerable adult resides.\n(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.\n(7) (i) “Neglect” means the intentional failure to provide necessary assistance and resources for the physical needs of a vulnerable adult, including:\n1. food;\n2. clothing;\n3. toileting;\n4. essential medical treatment;\n5. shelter; or\n6. supervision.\n(ii) “Neglect” does not include the provision of nonmedical remedial care and treatment for the healing of injury or disease that is:\n1. given with the consent of the vulnerable adult; and\n2. recognized by State law in place of medical treatment.\n(8) “Serious physical injury” means physical injury that:\n(i) creates a substantial risk of death; or\n(ii) causes permanent or protracted serious:\n1. disfigurement;\n2. loss of the function of any bodily member or organ; or\n3. impairment of the function of any bodily member or organ.\n(9) (i) “Sexual abuse” means an act that involves sexual molestation or exploitation of a vulnerable adult.\n(ii) “Sexual abuse” includes:\n1. incest;\n2. rape;\n3. sexual offense in any degree; and\n4. any other sexual conduct that is a crime.\n(10) “Vulnerable adult” means an adult who lacks the physical or mental capacity to provide for the adult’s daily needs.\n(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:\n(i) results in the death of the vulnerable adult;\n(ii) causes serious physical injury to the vulnerable adult; or\n(iii) involves sexual abuse of the vulnerable adult.\n(2) A household member or family member may not cause abuse or neglect of a vulnerable adult that:\n(i) results in the death of the vulnerable adult;\n(ii) causes serious physical injury to the vulnerable adult; or\n(iii) involves sexual abuse of the vulnerable adult.\n(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.\n(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.","path":["Article - Criminal Law"],"source_url":"https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcr\u0026section=3-604","current_through":"2026-01-01","vintage":"","retrieved_at":"2026-09-14T19:57:08Z","sha256":"07f94c7a073d5daaff4f1f9ce06b36fcae6f4a72cd29865253c9cb16b3e7ebe6","source_id":"us-md","stale":false,"prev":"us-md/md.-code-criminal-law-3-603","next":"us-md/md.-code-criminal-law-3-605"},"notice":"GroundRules: Original legal text. Not legal advice."}
