Statutes | Cherokee Code PArt II Chapter 14 Article IX ยง 14-40.13 | 2019
(a) Abuse. A person is guilty of abuse if that person is a caretaker of a disabled or elder adult who is residing in a domestic setting and, with malice aforethought, knowingly and willfully: (i) assaults, (ii) fails to provide medical or hygienic care, or (iii) confines or restrains the disabled or elder adult in a place or under a condition that is cruel or unsafe, and as a result of the act or failure to act the disabled or elder adult suffers mental or physical injury.
(b) Neglect. A person is guilty of neglect if that person is a caretaker of a disabled or elder adult who is residing in a domestic setting and, wantonly, recklessly, or with gross carelessness: (i) fails to provide medical or hygienic care, or (ii) confines or restrains the disabled or elder adult in a place or under a condition that is unsafe, and as a result of the act or failure to act the disabled or elder adult suffers mental or physical injury.
(c) Exploitation. A person is guilty of exploitation if that person is a caretaker of a disabled or elder adult who is residing in a domestic setting, and knowingly, willfully and with the intent to permanently deprive the owner of property or money: (i) makes a false representation, (ii) abuses a position of trust or fiduciary duty, or (iii) coerces, commands, or threatens, and, as a result of the act, the disabled or elder adult gives or loses possession and control of property or money.
(d) Definitions. The following definitions apply in this section:
(1) Caretaker. A person who has the responsibility for the care of a disabled or elder adult as a result of family relationship or who has assumed the responsibility for the care of a disabled or elder adult voluntarily or by contract.
(2) Disabled adult. A person 18 years of age or older or a lawfully emancipated minor who is present in the State of North Carolina and who is physically or mentally incapacitated as defined in G.S. 108A-101(d).
(3) Domestic setting. Residence in any residential setting except for a health care facility or residential care facility as these terms are defined in G.S. 14-32.2.
(4) Elder adult. A person 60 years of age or older who is not able to provide for the social, medical, psychiatric, psychological, financial, or legal services necessary to safeguard the persons rights and resources and to maintain the persons physical and mental well-being.
(e) Domestic abuse, neglect, and exploitation of disabled or elder adults shall be punishable by a fine not to exceed $15,000.00, by a term of imprisonment not to exceed three years, exclusion for a term of not less than one year nor more than ten years or any combination of them.
(Ord. No. 117, 3-3-2000 Ord. No. 182, 8-6-2012)