(a) A person commits the crime of elder abuse and neglect in the second degree if he or she does any of the following:
- (1) Intentionally abuses or neglects any elderly person and the abuse or neglect causes physical injury to the elderly person.
- (2) Recklessly abuses or neglects any elderly person and the abuse or neglect causes serious physical injury to the elderly person.
- (3) Recklessly abuses or neglects or emotionally abuses any elderly person having been previously convicted of elder abuse and neglect in the third degree in any court.
- (b) Elder abuse and neglect in the second degree is a Class B felony.
(Act 2013-307, §4; §38-9E-4; renumbered by Act 2014-346, p. 1289, §1(b)(7).)