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| | | An Act To Protect Incompetent Dependents |
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| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. 1. 17-A MRSA §555, as amended by PL 2001, c. 111, §1, is | | repealed and the following enacted in its place: |
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| | | §555.__Endangering welfare of dependent person |
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| | | 1.__A person is guilty of endangering the welfare of a | | dependent person if: |
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| | | A.__The person recklessly endangers the health, safety or | | mental welfare of a dependent person who is unable to | | perform self-care because of advanced age or physical or | | mental disease, disorder or defect.__Violation of this | | paragraph is a Class D crime; or |
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| | | B.__The person intentionally or knowingly endangers the | | health, safety or mental welfare of a dependent person who | | is unable to perform self-care because of advanced age or | | physical or mental disease, disorder or defect.__Violation | | of this paragraph is a Class C crime. |
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| | | 2.__As used in this section, "endangers" includes a failure to | | act only when the defendant has a legal duty to protect the | | health, safety or mental welfare of the dependent person.__For | | purposes of this section, a legal duty may be inferred if the | | defendant has assumed responsibility for the care of the | | dependent person. |
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