Ark. Code Ann. § 5-28-101 (2026)
Definitions
As used in this chapter:
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“Abuse” means:
- Any purposeful and unnecessary physical act that inflicts pain on or causes injury to an endangered person or an impaired person;
- Any purposeful or demeaning act that a reasonable person would believe subjects an endangered person or an impaired person, regardless of age, ability to comprehend, or disability, to ridicule or psychological injury in a manner likely to provoke fear or alarm;
- Any purposeful threat that a reasonable person would find credible and nonfrivolous to inflict pain on or cause injury to an endangered person or an impaired person except in the course of medical treatment or for justifiable cause; or
- With regard to any adult long-term care facility resident by a caregiver, any purposeful infliction of injury, unreasonable confinement, intimidation, or punishment with resulting physical harm, pain, or mental anguish;
- “Adult maltreatment” means adult abuse, exploitation, neglect, physical abuse, or sexual abuse;
- “Caregiver” means a related or unrelated person, owner, agent, high managerial agent of a public or private organization, or a public or private organization that has the responsibility for the protection, care, or custody of an adult endangered person or an adult impaired person as a result of assuming the responsibility voluntarily, by contract, through employment, or by order of the court;
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“Endangered person” means:
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An adult who:
- Is found to be in a situation or condition that poses an imminent risk of death or serious bodily harm to the adult; and
- Demonstrates a lack of capacity to comprehend the nature and consequences of remaining in that situation or condition; or
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A long-term care facility resident who:
- Is found to be in a situation or condition which poses an imminent risk of death or serious bodily harm to the person; and
- Demonstrates a lack of capacity to comprehend the nature and consequences of remaining in that situation or condition;
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An adult who:
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“Exploitation” means:
- The illegal or unauthorized use or management of an adult endangered person's or an adult impaired person's funds, assets, or property or the use of an adult endangered person's or an adult impaired person’s person, power of attorney, or guardianship for the profit or advantage of the actor or another person; or
- Misappropriation of property of an adult long-term care facility resident which means the deliberate misplacement, exploitation, or wrongful, temporary, or permanent use of an adult long-term care facility resident's belongings or money without the adult long-term care facility resident's consent;
- “Imminent danger to health or safety” means a situation in which death or severe bodily injury could reasonably be expected to occur without intervention;
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- “Impaired person” means a person eighteen (18) years of age or older who as a result of mental or physical impairment is unable to protect himself or herself from abuse, sexual abuse, neglect, or exploitation, and as a consequence of this inability to protect himself or herself is endangered.
- For purposes of this chapter, a long-term care facility resident is presumed to be an “impaired person”;
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“Long-term care facility” means:
- A nursing home;
- A residential care facility;
- A post-acute head injury retraining and residential facility;
- Any facility that provides long-term medical or personal care;
- An intermediate care facility for individuals with intellectual disabilities; or
- An assisted-living facility;
- “Long-term care facility resident” means a person, regardless of age, living in a long-term care facility;
- “Long-term care facility resident maltreatment” means abuse, exploitation, neglect, physical abuse, or sexual abuse of a long-term care facility resident;
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“Neglect” means:
- An act or omission by an endangered person or an impaired person, for example, self-neglect; or
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A purposeful act or omission by a caregiver responsible for the care and supervision of an adult endangered person or an adult impaired person that constitutes negligently failing to:
- Provide necessary treatment, rehabilitation, care, food, clothing, shelter, supervision, or medical services to an adult endangered person or an adult impaired person;
- Report a health problem or a change in a health problem or a change in the health condition of an adult endangered person or an adult impaired person to the appropriate medical personnel;
- Carry out a prescribed treatment plan; or
- Provide a good or service necessary to avoid physical harm, mental anguish, or mental illness as defined in rules promulgated by the Office of Long-Term Care to an adult long-term care facility resident;
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“Physical injury” means the:
- Impairment of a physical condition; or
- Infliction of substantial pain;
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“Serious bodily harm” means:
- Physical abuse;
- Sexual abuse;
- Physical injury; or
- Serious physical injury as defined in this chapter;
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“Serious physical injury” means physical injury to an endangered person or an impaired person that:
- Creates a substantial risk of death; or
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Causes:
- Protracted disfigurement;
- Protracted impairment of health; or
- Loss or protracted impairment of the function of any bodily member or organ; and
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“Sexual abuse” means deviate sexual activity, sexual contact, or sexual intercourse, as those terms are defined in § 5-14-101, with another person who is incapable of consent because he or she is:
- Mentally defective, as defined in § 5-14-101;
- Mentally incapacitated, as defined in § 5-14-101; or
- Physically helpless, as defined in § 5-14-101.
History. Acts 1983, No. 452, § 1; A.S.A. 1947, § 59-1301; Acts 1988 (4th Ex. Sess.), No. 5, § 1; 1988 (4th Ex. Sess.), No. 15, § 1; 1993, No. 1292, § 1; 1995, No. 1338, § 2; 1997, No. 1034, § 1; 1999, No. 753, § 1; 2001, No. 1028, § 1; 2003, No. 1046, § 1; 2003, No. 1118, § 1; 2005, No. 255, § 1; 2005, No. 1810, § 1; 2019, No. 315, § 149.
A.C.R.C. Notes. Pursuant to § 1-2-207, this section is set out above as amended by Acts 1993, No. 1292. The definition of “exploitation” was also amended by Acts 1993, No. 401, to read as follows:
“‘Exploitation’ means any unjust or improper use of another person or his resources for one's own profit or advantage.”
This section is set out above as amended by Acts 2005, No. 1810, § 1. The definition of “neglect” was also amended by Acts 2005, No. 255, § 1, to make designation changes and to change the introductory language in (10) to read as follows:
“(10) ‘Neglect’ means:
“(A) An act or omission by an endangered or impaired adult, including self-neglect; or
“(B) An intentional act or omission by a caregiver responsible for the care and supervision of an endangered or impaired adult constituting:”.
Amendments. The 2019 amendment substituted “rules” for “regulations” in (11)(B)(iv).
Research References
U. Ark. Little Rock L. Rev.
Survey of Legislation, 2001 Arkansas General Assembly, Criminal Law, 24 U. Ark. Little Rock L. Rev. 429.
Survey of Legislation, 2003 Arkansas General Assembly, Criminal Law, Abused Adults, 26 U. Ark. Little Rock L. Rev. 357.
Survey of Legislation, 2005 Arkansas General Assembly, Education Law, 28 U. Ark. Little Rock L. Rev. 347.
Case Notes
Abuse.
The administrative law judge did not make the requisite findings of abusive conduct under § 5-28-101(1), when the judge failed to specify which of the two definitions of abuse in the provision she was applying. Arkansas Dep't of Human Servs. v. Haen, 81 Ark. App. 171, 100 S.W.3d 740, 2003 Ark. App. LEXIS 206 (2003).
Evidence was sufficient to convict defendant of abusing an adult, § 5-28-103, as the state proved the victim was an endangered or impaired adult, defendant was the caregiver responsible for her protection, care, or custody, defendant neglected her, as specified under subdivision (10) of this section, and the neglect caused serious physical injury or risk of death; defendant should have been aware of the risk to the victim, and his failure to perceive the risk posed to his mother was a gross deviation from the care a reasonable, prudent person would exercise under the circumstances. Law v. State, 375 Ark. 505, 292 S.W.3d 277 (2009).
Definition of abuse did not contain the requirement that the person committing the abuse be a caregiver, except if the victim was a resident in an adult long-term care facility. Thus, because appellant was convicted of abuse and not neglect, the state was not required to prove that appellant was a caregiver to the victim. Skomp v. State, 2010 Ark. App. 313, 374 S.W.3d 779 (2010).
There was sufficient evidence to support appellant's conviction for abuse of an endangered or impaired person where (1) the definition of abuse did not contain the requirement that the person committing the abuse be a caregiver, except under subdivision (1)(D) of this section, where the victim was a resident in an adult long-term care facility, which the victim in this case was not; (2) the state produced testimony that appellant would force the victim to stand for long periods of time and that he assisted in two other defendants' beatings of the victim, and produced evidence of the physical injuries with which she presented at the hospital; and (3) the state produced sufficient evidence to allow the jury to conclude that appellant's actions resulted in physical injury to the victim. Skomp v. State, 2010 Ark. App. 392, 375 S.W.3d 673 (2010).
Exploitation.
The evidence was sufficient to support defendant's conviction of abuse of an adult under § 5-28-103(a) because it showed both that the victim was vulnerable and that defendant exploited her. Exploitation was established where the evidence showed that defendant was hired to perform personal care, housekeeping duties, and errands for the infirm victim and her elderly mother, that defendant induced the victim to hire her directly rather than through a health care agency and to pay her more than $10,000 in advance when the victim's health deteriorated and her dependence increased, that defendant consistently made charges at retail stores with the victim's bank card that were greatly in excess of what had been normal for the victim prior to defendant's employment, that the retail charges increased as the victim's condition declined, and that, when the victim was hospitalized and died, defendant did not continue to care for the victim's mother or return the bank card but instead absconded with the victim's automobile. Jones v. State, 2009 Ark. App. 619 (2009).
Cited: Honor v. Yamuchi, 307 Ark. 324, 820 S.W.2d 267 (1991); Advocat, Inc. v. Sauer, 353 Ark. 29, 111 S.W.3d 346 (2003); Northport Health Servs. v. Owens, 356 Ark. 630, 158 S.W.3d 164 (2004); Wells v. State, 93 Ark. App. 106, 217 S.W.3d 1455 (2005).