Ark. Code Ann. » Title 5 Chapter 28
Arkansas Code Annotated

Ark. Code Ann. § 5-28-103 (2026)

Criminal penalties for abuse of an endangered or impaired person

✓ current as of May 2026
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  1. It is unlawful for any person or caregiver to abuse, neglect, or exploit any endangered person or impaired person subject to protection under a provision of this chapter.
    1. If the abuse causes serious physical injury or a substantial risk of death, any person or caregiver who purposely abuses an endangered person or an impaired person is guilty of a Class B felony.
    2. If the abuse causes physical injury, any person or caregiver who purposely abuses an adult endangered person or an adult impaired person in violation of a provision of this chapter is guilty of a Class D felony.
    3. Any person or caregiver who abuses an adult endangered person or an adult impaired person is guilty of a Class B misdemeanor.
    1. Any person or caregiver who neglects an adult endangered person or an adult impaired person in violation of a provision of this chapter, causing serious physical injury or substantial risk of death, is guilty of a Class D felony.
    2. Any person or caregiver who neglects an adult endangered person or an adult impaired person in violation of a provision of this chapter, causing physical injury, is guilty of a Class B misdemeanor.
    3. Any person or caregiver who purposely neglects an adult endangered person or an adult impaired person without causing physical injury is guilty of a Class C misdemeanor.
  4. Any person or caregiver who exploits a person in violation of a provision of this chapter when the value of the property, asset, or resource is:
    1. Two thousand five hundred dollars ($2,500) or more, is guilty of a Class B felony;
    2. Less than two thousand five hundred dollars ($2,500) but more than two hundred dollars ($200), is guilty of a Class C felony; and
    3. Two hundred dollars ($200) or less, is guilty of a Class A misdemeanor.

History. Acts 1983, No. 452, § 3; A.S.A. 1947, § 59-1303; Acts 1993, No. 1292, § 2; 1995, No. 1338, § 2; 2005, No. 1810, § 2; 2005, No. 1994, § 297; 2019, No. 916, § 1.

A.C.R.C. Notes. This section is set out above as amended by Acts 2005, No. 1994, § 297. This section was also amended by Acts 2005, No. 1810, § 2, to read as follows:

“Criminal penalties for adult abuse.

“(a) It shall be unlawful for any person or caregiver to abuse, neglect, or exploit any endangered or impaired person.

“(b)(1) Any person or caregiver who purposely abuses an endangered or impaired person, if the abuse causes serious physical injury or substantial risk of death, shall be guilty of a Class B felony.

“(2) Any person or caregiver who purposely abuses an endangered or impaired person, if the abuse causes physical injury, shall be guilty of a Class D felony.

“(c)(1) Any person or caregiver who neglects an endangered or impaired person, causing serious physical injury or substantial risk of death, shall be guilty of a Class D felony.

“(2) Any person or caregiver who neglects an endangered or impaired person, causing physical injury, shall be guilty of a Class B misdemeanor.

“(d) Any person or caregiver who abuses an endangered or impaired person shall be guilty of a Class B misdemeanor.

“(e)(1) Any person or caregiver who exploits a person in violation of the provisions of this chapter shall be guilty of a Class B felony and shall be punished as provided by law, where the value of the property, assets, or resources is two thousand five hundred dollars ($2,500) or more.

“(2) Any person or caregiver who exploits an endangered or impaired person, where the value of the property, assets, or resources is less than two thousand five hundred dollars ($2,500), but more than five hundred dollars ($500) shall be guilty of a Class B felony.

“(3) Any person or caregiver who exploits an endangered or impaired person, where the value of the property, assets, or resources is five hundred dollars ($500) or less shall be guilty of a Class A misdemeanor.”

Amendments. The 2019 amendment redesignated former (d) as (b)(3); added (c)(3); and redesignated former (e) as (d).

Cross References. Nonsupport, § 5-26-401.

Case Notes

Constitutionality.

This section was not unconstitutionally vague in its definition of “caregiver” where the facts demonstrated that defendant clearly met the definition where he voluntarily assumed the responsibility for the protection, care, or custody of an endangered or impaired adult, and he was responsible for the care and supervision of that person; he was not an “entrapped innocent” and thus could not complain that the statute was unconstitutionally vague. Law v. State, 375 Ark. 505, 292 S.W.3d 277 (2009).

Evidence.

Evidence was sufficient to convict defendant of abusing an adult under this section 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, § 5-28-101(10), 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).

Appellant's conviction for abuse of an impaired person was affirmed where (1) the 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 and the victim in this case was not a resident in an adult long-term care facility; (2) the state produced sufficient evidence to allow the jury to conclude that appellant's actions resulted in physical injury to the victim; and (3) when two people assisted one another in the commission of a crime, each was an accomplice and criminally liable for the conduct of both. 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 because it showed both that the victim was vulnerable and that defendant exploited her 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).

Neglect Shown.

Caretakers' convictions for violating this section were affirmed where there was evidence of (1) victim's profound weight loss, debilitation, and inability to walk when rescued, (2) the unsanitary, unhealthy, and inhumane conditions of confinement, (3) and expert testimony that confinement was dangerous and inappropriate for Alzheimer's patients. Wells v. State, 93 Ark. App. 106, 217 S.W.3d 1455 (2005).

Neglect Not Shown.

Caregiver held free of any negligence or neglect of adult who died of a morphine overdose. Pickens v. Black, 318 Ark. 474, 885 S.W.2d 872 (1994).

Evidence.

The condition the 77-year-old victim was found to be in at the time of his hospitalization along with the description of his various injuries and the cause of his death did not prove defendant's guilt; however, there was sufficient evidence from which the jury could have found that the victim was an endangered or impaired adult, or both, that he suffered from a physical or mental defect, or both, and that as a consequence was unable to protect himself from the repeated abuse that he was subjected to or to remove himself from defendant's care and control. Thomas v. State, 92 Ark. App. 425, 214 S.W.3d 863 (2005).

Cited: Advocat, Inc. v. Sauer, 353 Ark. 29, 111 S.W.3d 346 (2003); Houston v. State, 82 Ark. App. 556, 120 S.W.3d 115 (2003); Klines v. State, 2010 Ark. App. 361 (2010).

Notes of Decisions
Cited in 11 cases, 1994–2010 · leading case: Houston v. State, 120 S.W.3d 115 (Ark. Ct. App. 2003).
Sort: Relevance Newest Treatment
Houston v. State, 120 S.W.3d 115 (Ark. Ct. App. 2003). · cites it 20× “Thus, the proof would have to be that it was Appellant's conscious object to inflict adult abuse on each of the residents by causing substantial physical injury.”
Advocat, Inc. v. Sauer, 111 S.W.3d 346 (Ark. 2003). · cites it 6× “See Ark. Code Ann. § 5-28-103 (Repl. 1997). For neglect, the statute authorizes the following criminal sanction: (c)(1) Any person or caregiver who neglects an endangered or impaired adult in violation of the provisions of this chapter, causing serious physical injury or…”
Law v. State, 292 S.W.3d 277 (Ark. 2009). · cites it 10× “Her son, appellant Warren Law, and her daughter, Mary Law, were both charged on September 11, 2005, with abuse of an adult pursuant to Ark.Code Ann. § 5-28-103 (Repl.1997). 1 Prior to trial, Warren filed a motion to dismiss the charges, arguing that the statute under which he…”
Tarray v. State, 979 A.2d 729 (Md. 2009). · cites it 2× “, Ark.Code Ann. § 5-28-103 (2006); Colo. Rev.”
State v. Thompson, 34 S.W.3d 33 (Ark. 2000). · cites it 2× “On July 22, 1999, appellee Betty Thompson entered a plea of nolo contendere to violating Ark. Code Ann. § 5-28-103 (c)(l) (Repl. 1997), which states that “any person of caregiver who neglects an endangered or impaired adult.”
Pickens v. Black, 885 S.W.2d 872 (Ark. 1994). · cites it 4× “by neglecting him, depriving him of medical treatment, and allowing him to overdose himself on morphine. Because of this culpability, the appellants argue that Carol is barred from benefitting under R.”
Thomas v. State, 214 S.W.3d 863 (Ark. Ct. App. 2005). · cites it 4× “(b)(1) Any person or caregiver who purposely abuses an endangered or impaired adult in violation of the provisions of this chapter, if the abuse causes serious physical injury or substantial risk of death, shall be guilty of a class B felony and shall be punished as provided by…”
Skomp v. State, 375 S.W.3d 673 (Ark. Ct. App. 2010). · cites it 20× “” Ark. Code Ann. § 5-28-103 (a). In particular, the provisions regarding abuse that causes physical injury state, in pertinent part, as follows: If the abuse causes physical injury, any person or caregiver who purposely abuses an adult endangered person or an adult impaired…”
Wells v. State, 217 S.W.3d 145 (Ark. Ct. App. 2005). · cites it 2× “Appellants were convicted of violating Ark. Code Ann. § 5-28-103 (Repl. 1997), which in pertinent part provides that: (a) It shall be unlawful for any person or caregiver to abuse, neglect, or exploit any person subject to protection under the provisions of this chapter.”
Pickens v. Black, 885 S.W.2d 872 (Ark. 1994). · cites it 4× “Next, under Ark. Code Ann. § 5-28-103 (a) (Repl. 1993) 5 , the appellants alleged below that Carol Pickens was culpable in the death of R.”
Skomp v. State, 374 S.W.3d 779 (Ark. Ct. App. 2010). · cites it 8× “| ^Appellant was convicted of abuse of an impaired person, D felony, in violation of Arkansas Code Annotated section 5-28-103 (Repl.2006), which states in pertinent part as follows: (a) It is unlawful for any person or caregiver to abuse, neglect, or exploit any endangered…”
— Ark. Code Ann. § 5-28-103(C) — 1 case
Skomp v. State, 375 S.W.3d 673 (Ark. Ct. App. 2010). “” Ark. Code Ann. § 5-28-103 (a). In particular, the provisions regarding abuse that causes physical injury state, in pertinent part, as follows: If the abuse causes physical injury, any person or caregiver who purposely abuses an adult endangered person or an adult impaired…”
— Ark. Code Ann. § 5-28-103(a) — 4 cases
Pickens v. Black, 885 S.W.2d 872 (Ark. 1994). “by neglecting him, depriving him of medical treatment, and allowing him to overdose himself on morphine. Because of this culpability, the appellants argue that Carol is barred from benefitting under R.”
Law v. State, 292 S.W.3d 277 (Ark. 2009). “Her son, appellant Warren Law, and her daughter, Mary Law, were both charged on September 11, 2005, with abuse of an adult pursuant to Ark.Code Ann. § 5-28-103 (Repl.1997). 1 Prior to trial, Warren filed a motion to dismiss the charges, arguing that the statute under which he…”
Pickens v. Black, 885 S.W.2d 872 (Ark. 1994). “Next, under Ark. Code Ann. § 5-28-103 (a) (Repl. 1993) 5 , the appellants alleged below that Carol Pickens was culpable in the death of R.”
Skomp v. State, 375 S.W.3d 673 (Ark. Ct. App. 2010). “” Ark. Code Ann. § 5-28-103 (a). In particular, the provisions regarding abuse that causes physical injury state, in pertinent part, as follows: If the abuse causes physical injury, any person or caregiver who purposely abuses an adult endangered person or an adult impaired…”
— Ark. Code Ann. § 5-28-103(b)(2) — 2 cases
Houston v. State, 120 S.W.3d 115 (Ark. Ct. App. 2003). “Thus, the proof would have to be that it was Appellant's conscious object to inflict adult abuse on each of the residents by causing substantial physical injury.”
Skomp v. State, 375 S.W.3d 673 (Ark. Ct. App. 2010). “” Ark. Code Ann. § 5-28-103 (a). In particular, the provisions regarding abuse that causes physical injury state, in pertinent part, as follows: If the abuse causes physical injury, any person or caregiver who purposely abuses an adult endangered person or an adult impaired…”
— Ark. Code Ann. § 5-28-103(c)(1) — 2 cases
Skomp v. State, 374 S.W.3d 779 (Ark. Ct. App. 2010). “| ^Appellant was convicted of abuse of an impaired person, D felony, in violation of Arkansas Code Annotated section 5-28-103 (Repl.2006), which states in pertinent part as follows: (a) It is unlawful for any person or caregiver to abuse, neglect, or exploit any endangered…”
Skomp v. State, 375 S.W.3d 673 (Ark. Ct. App. 2010). “” Ark. Code Ann. § 5-28-103 (a). In particular, the provisions regarding abuse that causes physical injury state, in pertinent part, as follows: If the abuse causes physical injury, any person or caregiver who purposely abuses an adult endangered person or an adult impaired…”
— Ark. Code Ann. § 5-28-103(c)(2) — 1 case
Houston v. State, 120 S.W.3d 115 (Ark. Ct. App. 2003). “Thus, the proof would have to be that it was Appellant's conscious object to inflict adult abuse on each of the residents by causing substantial physical injury.”
— Ark. Code Ann. § 5-28-103(c)(l) — 1 case
Skomp v. State, 375 S.W.3d 673 (Ark. Ct. App. 2010). “” Ark. Code Ann. § 5-28-103 (a). In particular, the provisions regarding abuse that causes physical injury state, in pertinent part, as follows: If the abuse causes physical injury, any person or caregiver who purposely abuses an adult endangered person or an adult impaired…”
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