CHAPTER 431
H.P. 795 - L.D. 1152
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 17-A MRSA §555, as amended by PL 2001, c. 111, §1, is repealed and the following enacted in its place:
§555. Endangering welfare of dependent person
1. A person is guilty of endangering the welfare of a dependent person if:
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
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.
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.
Effective September 17, 2005.
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