Montana Code 52-3-825. Penalties
52-3-825. Penalties. (1) A person is guilty of an offense and on conviction is punishable as provided in 46-18-212 if the person purposely or knowingly:
Terms Used In Montana Code 52-3-825
- Conviction: A judgement of guilt against a criminal defendant.
- Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Personal degradation: means publication or distribution of a printed or electronic photograph or video of a vulnerable adult when the person publishing or distributing intends to demean or humiliate the vulnerable adult or knows or reasonably should know that the publication or distribution would demean or humiliate a reasonable person. See Montana Code 52-3-803
- Vulnerable adult: means a person who:
(a)is 60 years of age or older; or
(b)is 18 years of age or older and:
(i)is a person with a physical or mental impairment that substantially limits or restricts the person's ability to provide for their own care or protection; or
(ii)has a developmental disability as defined in 53-20-102. See Montana Code 52-3-803
(a)fails to make a report required by 52-3-811;
(b)fails to disclose the contents of a case record or report in violation of 52-3-813;
(c)gives false information to any adult protective services representative, county attorney, or law enforcement officer with the purpose to implicate another person;
(d)reports to adult protective services, the county attorney, or law enforcement authorities an offense or other incident within the person’s concern knowing that it did not occur; or
(e)pretends to furnish adult protective services, the county attorney, or law enforcement authorities with information relating to an offense or incident when the person knows that the person has no information relating to the offense.
(2)(a) Except as provided in subsection (2)(c), a person who purposely or knowingly abuses, sexually abuses, or neglects a vulnerable adult is guilty of a felony and shall be imprisoned for a term not to exceed 10 years and be fined an amount not to exceed $10,000, or both.
(b)(i) Except as provided in subsection (2)(c), a person who negligently abuses a vulnerable adult is guilty of a misdemeanor and upon a first conviction shall be fined an amount not to exceed $1,000 or be imprisoned in the county jail for a term not to exceed 1 year, or both.
(ii)Upon a second or subsequent conviction of the conduct described in subsection (2)(b)(i), the person is guilty of a felony and shall be imprisoned for a term not to exceed 10 years and be fined an amount not to exceed $10,000, or both.
(c)(i) A person who causes personal degradation to a vulnerable adult in a place where the vulnerable adult has a reasonable expectation of privacy is, for a first offense, guilty of a misdemeanor and shall be imprisoned in the county jail for a term not to exceed 6 months or be fined an amount not to exceed $500, or both;
(ii)Upon a second or subsequent conviction of the conduct described in subsection (2)(c)(i), the person is guilty of a felony and shall be imprisoned for a term not to exceed 10 years or be fined an amount not to exceed $10,000, or both.
(d)A person 18 years of age or older who has a developmental disability, as defined in 53-20-102, may not be charged under subsections (2)(a) through (2)(c).