(a) It shall be unlawful for any person to abuse, neglect, exploit, or emotionally abuse any protected person. For purposes of this section, residence in a nursing home, mental institution, developmental center for people with an intellectual disability, or other convalescent care facility shall be prima facie evidence that a person is a protected person. Charges of abuse, neglect, exploitation, or emotional abuse may be initiated upon complaints of private individuals, as a result of investigations by social service agencies, or on the direct initiative of law enforcement officials.
(b) Any person who intentionally abuses or neglects a person in violation of this chapter shall be guilty of a Class B felony if the intentional abuse or neglect causes serious physical injury.
(c) Any person who recklessly abuses or neglects a person in violation of this chapter shall be guilty of a Class C felony if the reckless abuse or neglect causes serious physical injury.
(d) Any person who intentionally abuses or neglects a person in violation of this chapter, shall be guilty of a Class C felony if the intentional abuse or neglect causes physical injury.
(e) Any person who recklessly abuses or neglects a person in violation of this chapter, shall be guilty of a Class A misdemeanor if the reckless abuse or neglect causes physical injury.
(f) Any person who emotionally abuses a person in violation of this chapter shall be guilty of a Class A misdemeanor.
(g) Any person who exploits a person in violation of this chapter shall be guilty of a Class C felony, where the value of the property, assets, or resources or illegal services provided to a protected person by an unlicensed hospital exceeds one hundred dollars ($100).
(h) Any person who exploits a person in violation of this chapter shall be guilty of a Class A misdemeanor, if the value of the property, assets, or resources or illegal services provided to a protected person by an unlicensed hospital does not exceed one hundred dollars ($100).
(i) If a violation of this section is also a violation of any other Alabama criminal statute, then a conviction or acquittal under either statute bars prosecution under the remaining statute.
(Acts 1977, No. 780, p. 1340, §§5, 11; Acts 1989, No. 89-825, p. 1652, §3; Acts 1994, No. 94-615, p. 1134, §1; Act 2000-455, p. 837, §1; Act 2008-390, p. 735, §1.)
Notes of Decisions
Cited in
4
cases (
1 in the last 5 years), 1986–2022 · leading case:
State v. Brenner, 486 So. 2d 101 (La. 1986).
State v. Brenner, 486 So. 2d 101 (La. 1986).
“" [2] At least thirteen other states have passed statutes attempting to protect the infirm residents of long term care facilities from abuse or neglect: Alabama, Ala.Code §§ 38-9-7, et seq., "Any person who abuses, neglects or exploits a person in violation of the provisions of…”
Proctor v. Classic Auto., Inc., 20 So. 3d 1281 (Ala. Civ. App. 2009).
· cites it 3× “Ala.Code 1975, § 38-9-7(a). 1 The term “exploitation” is defined in the Act as “[t]he expenditure, diminution, or use of the property, assets, or resources of a protected person without the express voluntary consent of that person or his or her legally authorized representative .”
Hammonds v. Montgomery Child.'s Specialty Ctr., LLC, 594 F. Supp. 3d 1280 (M.D. Ala. 2022).
· cites it 10× “Code § 38-9-7 and § 13A-6-23, respectively. The Alabama Supreme Court has held that “[o]ne claiming a private right of action within a statutory scheme must show clear evidence of a legislative intent to impose civil liability for a violation of the statute.”
Richardson v. State, 599 So. 2d 1242 (Ala. Crim. App. 1992).
“Brewer Center, Mobile, Alabama, by striking the patient with a metal coat hanger, in violation of the Alabama Adult Protection Services Act, § 38-9-7(d), Code of Alabama 1975. 1 Richardson was tried by a jury after pleading not guilty.”
Ala. Code § 38-9-7(a): 2 cases
Proctor v. Classic Auto., Inc., 20 So. 3d 1281 (Ala. Civ. App. 2009).
“Ala.Code 1975, § 38-9-7(a). 1 The term “exploitation” is defined in the Act as “[t]he expenditure, diminution, or use of the property, assets, or resources of a protected person without the express voluntary consent of that person or his or her legally authorized representative .”
Hammonds v. Montgomery Child.'s Specialty Ctr., LLC, 594 F. Supp. 3d 1280 (M.D. Ala. 2022).
“Code § 38-9-7 and § 13A-6-23, respectively. The Alabama Supreme Court has held that “[o]ne claiming a private right of action within a statutory scheme must show clear evidence of a legislative intent to impose civil liability for a violation of the statute.”
Ala. Code § 38-9-7(d): 1 case
Richardson v. State, 599 So. 2d 1242 (Ala. Crim. App. 1992).
“Brewer Center, Mobile, Alabama, by striking the patient with a metal coat hanger, in violation of the Alabama Adult Protection Services Act, § 38-9-7(d), Code of Alabama 1975. 1 Richardson was tried by a jury after pleading not guilty.”
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