North Dakota Code 12.1-31-07 – Endangering an eligible adult – Penalty
1. In this chapter, unless the context otherwise requires:
Attorney's Note
Under the North Dakota Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class B felony | up to 10 years | up to $20,000 |
Terms Used In North Dakota Code 12.1-31-07
- actions: include , where relevant, "omitted to act" and "omissions to act". See North Dakota Code 12.1-01-04
- Individual: means a human being. See North Dakota Code 1-01-49
- person: includes , where relevant, a corporation, limited liability company, partnership, unincorporated association, or other legal entity. See North Dakota Code 12.1-01-04
a. “Caregiver” means a person who is responsible for the care of an eligible adult as a result of a familial or legal relationship, or a person who has assumed responsibility for the care of an eligible adult. The term does not include a licensed health care provider who is acting within the provider’s legal scope of practice in providing appropriate care or assistance to an eligible adult who is the patient or client of the licensed health care provider.
b. “Eligible adult” means an individual who is at least sixty-five years old or a vulnerable adult as defined in section 50-25.2-01.
c. “Undue influence” means the use of a position of trust and confidence with an eligible adult to exploit or take advantage of that eligible adult through actions or tactics, including emotional, psychological, or legal manipulation.
2. Except as provided for by chapters 23-06.5 and 30.1-30, a caregiver who knowingly performs an act that causes an eligible adult’s life to be endangered, health to be injured, or pre-existing physical or mental condition to deteriorate, or a caregiver who fails to perform acts that the caregiver knows are necessary to maintain or preserve the life or health of the eligible adult and the failure causes the eligible adult’s life to be endangered, health to be injured, or pre-existing physical or mental condition to deteriorate, is guilty of a class B felony.