(A) A person required to report under this chapter who knowingly and wilfully fails to report abuse, neglect, or exploitation is guilty of a misdemeanor and, upon conviction, must be fined not more than twenty-five hundred dollars or imprisoned not more than one year.
(B) Except as otherwise provided in subsections (E) and (F), a person who knowingly and wilfully abuses a vulnerable adult is guilty of a felony and, upon conviction, must be imprisoned not more than five years.
(C) Except as otherwise provided in subsections (E) and (F), a person who knowingly and wilfully neglects a vulnerable adult is guilty of a felony and, upon conviction, must be imprisoned not more than five years.
(D) A person who knowingly and wilfully exploits a vulnerable adult is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years, or both, and may be required by the court to make restitution.
(E) A person who knowingly and wilfully abuses or neglects a vulnerable adult resulting in great bodily injury is guilty of a felony and, upon conviction, must be imprisoned not more than fifteen years.
(F) A person who knowingly and wilfully abuses or neglects a vulnerable adult resulting in death is guilty of a felony and, upon conviction, must be imprisoned not more than thirty years.
(G) A person who threatens, intimidates, or attempts to intimidate a vulnerable adult subject of a report, a witness, or any other person cooperating with an investigation conducted pursuant to this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than three years.
(H) A person who wilfully and knowingly obstructs or in any way impedes an investigation conducted pursuant to this chapter, upon conviction, is guilty of a misdemeanor and must be fined not more than five thousand dollars or imprisoned for not more than three years.
(I) As used in this section, "great bodily injury" means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
HISTORY: 1993 Act No. 110, Section 1, eff three months after June 11, 1993; 1999 Act No. 56, Section 1, eff June 1, 1999; 2010 Act No. 223, Section 7, eff June 7, 2010.
Structure South Carolina Code of Laws
Section 43-35-10. Definitions.
Section 43-35-20. Additional powers of investigative entities.
Section 43-35-30. Photographing of visible trauma on abused adult.
Section 43-35-35. Reporting deaths where abuse or neglect suspected.
Section 43-35-50. Abrogation of privilege for certain communications.
Section 43-35-60. Sharing of report information by investigative entities; public confidentiality.
Section 43-35-65. Notices to be displayed at facilities.
Section 43-35-70. Reports to occupational licensing boards.
Section 43-35-75. Immunity of person making report or participating in investigation in good faith.
Section 43-35-90. Article not to affect authority of agencies.
Section 43-35-200. Vulnerable Adult Guardian ad Litem Program.
Section 43-35-210. Definitions.
Section 43-35-220. Duties and responsibilities of guardian ad litem; assessments.
Section 43-35-230. Appointment of guardian ad litem; continuing legal education.
Section 43-35-250. Charge of guardian ad litem; petition for removal.
Section 43-35-260. Access to information.
Section 43-35-270. Confidentiality of reports and information.
Section 43-35-280. Civil liability.
Section 43-35-310. Council created; membership; filling vacancies.
Section 43-35-320. Responsibilities of council.
Section 43-35-330. Duties of council.
Section 43-35-340. Officers; terms of office; quorum.
Section 43-35-500. Definitions.
Section 43-35-510. Policy of State regarding health and safety of vulnerable adults.
Section 43-35-530. Conduct of investigations.
Section 43-35-540. Access to medical information.
Section 43-35-550. Subpoena of medical information.
Section 43-35-570. Purpose of Vulnerable Adult Fatalities Review Committee.