THE MICHIGAN PENAL CODE
Act 328 of 1931
750.145n Vulnerable adult abuse; first degree; second degree; third degree; fourth degree; authority to prevent vulnerable adult from being harmed or harming others not prohibited; applicability of section to act carried out by patient advocate.
Sec. 145n.
(1) A caregiver is guilty of vulnerable adult abuse in the first degree if the caregiver intentionally causes serious physical harm or serious mental harm to a vulnerable adult. Vulnerable adult abuse in the first degree is a felony punishable by imprisonment for not more than 15 years or a fine of not more than $10,000.00, or both.
(2) A caregiver or other person with authority over the vulnerable adult is guilty of vulnerable adult abuse in the second degree if the reckless act or reckless failure to act of the caregiver or other person with authority over the vulnerable adult causes serious physical harm or serious mental harm to a vulnerable adult. Vulnerable adult abuse in the second degree is a felony punishable by imprisonment for not more than 4 years or a fine of not more than $5,000.00, or both.
(3) A caregiver is guilty of vulnerable adult abuse in the third degree if the caregiver intentionally causes physical harm to a vulnerable adult. Vulnerable adult abuse in the third degree is a misdemeanor punishable by imprisonment for not more than 2 years or a fine of not more than $2,500.00, or both.
(4) A caregiver or other person with authority over the vulnerable adult is guilty of vulnerable adult abuse in the fourth degree if the reckless act or reckless failure to act of the caregiver or other person with authority over a vulnerable adult causes physical harm to the vulnerable adult or the caregiver or other person with authority over the vulnerable adult knowingly or intentionally commits an act that under the circumstances poses an unreasonable risk of harm or injury to a vulnerable adult, regardless of whether physical harm results. Vulnerable adult abuse in the fourth degree is a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.
(5) A caregiver or other person with authority over the vulnerable adult is guilty of vulnerable adult abuse in the fourth degree if the caregiver or other person with authority over the vulnerable adult violates subsection (4) and 1 or more of the following circumstances apply:
(a) The caregiver or other person with authority over the vulnerable adult is the spouse or former spouse of the victim.
(b) The caregiver or other person with authority over the vulnerable adult is an individual with whom the victim has or has had a dating relationship.
(c) The caregiver or other person with authority over the vulnerable adult is an individual with whom the victim has or has had a child in common.
(d) The caregiver or other person with authority over the vulnerable adult is a resident or former resident of the victim's household.
(6) A violation of subsection (5) is a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.
(7) This section does not prohibit a caregiver or other person with authority over a vulnerable adult from taking reasonable action to prevent a vulnerable adult from being harmed or from harming others.
(8) This section does not apply to an act or failure to act that is carried out as directed by a patient advocate under a patient advocate designation executed in accordance with sections 5506 to 5515 of the estates and protected individuals code, 1998 PA 386, MCL 700.5506 to 700.5515.
(9) As used in this section, "dating relationship" means frequent, intimate associations primarily characterized by the expectation of affectional involvement. This term does not include a casual relationship or an ordinary fraternization between 2 individuals in a business or social context.
History: Add. 1994, Act 149, Eff. Oct. 1, 1994 ;-- Am. 2000, Act 66, Eff. Apr. 1, 2000 ;-- Am. 2004, Act 559, Imd. Eff. Jan. 3, 2005 ;-- Am. 2016, Act 480, Eff. Apr. 6, 2017 ;-- Am. 2023, Act 199, Eff. Feb. 13, 2024
Notes of Decisions
Cited in
24
cases (
3 in the last 5 years), 1999–2024 · leading case:
People v. Cline, 741 N.W.2d 563 (Mich. Ct. App. 2007).
People v. Cline, 741 N.W.2d 563 (Mich. Ct. App. 2007).
· cites it 3× “349, and 17 counts of first-degree vulnerable-adult abuse, MCL 750.145n(l). Defendant was sentenced to concurrent prison terms of 25 to 40 years for kidnapping and 10 to 15 years on each count of first-degree vulnerable-adult abuse.”
People v. Comella, 823 N.W.2d 138 (Mich. Ct. App. 2012).
· cites it 4× “of, or attempt to perpetrate, arson, criminal sexual conduct in the first, second, or third degree, child abuse in the first degree, a major controlled substance offense, robbery, carjacking, breaking and entering of a dwelling, home invasion in the first or second degree,…”
People v. Skinner, 917 N.W.2d 292 (Mich. 2018).
“of, or attempt to perpetrate, arson, criminal sexual conduct in the first, second, or third degree, child abuse in the first degree, a major controlled substance offense, robbery, carjacking, breaking and entering of a dwelling, home invasion in the first or second degree,…”
People v. Hudson, 615 N.W.2d 784 (Mich. Ct. App. 2000).
· cites it 3× “Following a preliminary examination, the district court bound defendant Karen Hudson over for trial on one count of second-degree vulnerable adult abuse, MCL 750.145n(2); MSA 28.342A(n)(2), a felony.”
People v. Nyx, 734 N.W.2d 548 (Mich. 2007).
· cites it 2× “[27] MCL 750.145n. [28] MCL 750.356c; MCL 750.”
People v. DeKorte, 593 N.W.2d 203 (Mich. Ct. App. 1999).
· cites it 8× “MCL 750.145n(2); MSA 28.342A(n)(2), the second-degree vulnerable adult abuse statute, provides: A caregiver or other person with authority over the vulnerable adult is guilty of vulnerable adult abuse in the second degree if the reckless act or reckless failure to act of the…”
Murphy v. Gilman, 551 F. Supp. 2d 677 (W.D. Mich. 2008).
· cites it 2× “§ 750.145n(2), or perhaps first degree, § 750.”
People of Michigan v. Ann Marie Walsh (Mich. Ct. App. 2024).
· cites it 6× “BACKGROUND This case arose out of allegations that defendant had physically abused her 85-year-old mother, Barbara Walsh (the victim).”
People of Michigan v. Rachel Lynn Bruce (Mich. Ct. App. 2017).
· cites it 5× “145n, which provides, in pertinent part: -2- (1) A caregiver is guilty of vulnerable adult abuse in the first degree if the caregiver intentionally causes serious physical harm or serious mental harm to a vulnerable adult.”
People of Michigan v. Candy Juanita Lawson (Mich. Ct. App. 2019).
· cites it 3× “The court sentenced her to two concurrent prison terms of 10 to 15 years for unlawful imprisonment and first-degree abuse of a vulnerable adult, to be served consecutively to a prison term of 40 to 60 months for embezzlement.”
People of Michigan v. Joshua Quincy Burns (Mich. Ct. App. 2016).
· cites it 2× “MCL 750.145n(2) states that second-degree vulnerable adult abuse occurs “if the reckless act or reckless failure to act of the caregiver or other person with authority over the vulnerable adult causes serious physical harm or serious mental harm to a vulnerable adult.”
People of Michigan v. Gregory Lynn Nieman (Mich. Ct. App. 2019).
· cites it 2× “] Among the enumerated felonies to establish felony-murder is “vulnerable adult abuse in the first or second degree under [MCL 750.145n].” MCL 750.145n provides, in relevant part: (1) A caregiver is guilty of vulnerable adult abuse in the first degree if the caregiver…”
— Mich. Comp. Laws § 750.145n(1) — 7 cases
People of Michigan v. Ann Marie Walsh (Mich. Ct. App. 2024).
“BACKGROUND This case arose out of allegations that defendant had physically abused her 85-year-old mother, Barbara Walsh (the victim).”
People of Michigan v. Candy Juanita Lawson (Mich. Ct. App. 2019).
“The court sentenced her to two concurrent prison terms of 10 to 15 years for unlawful imprisonment and first-degree abuse of a vulnerable adult, to be served consecutively to a prison term of 40 to 60 months for embezzlement.”
People of Michigan v. Rachel Lynn Bruce (Mich. Ct. App. 2017).
“145n, which provides, in pertinent part: -2- (1) A caregiver is guilty of vulnerable adult abuse in the first degree if the caregiver intentionally causes serious physical harm or serious mental harm to a vulnerable adult.”
— Mich. Comp. Laws § 750.145n(2) — 11 cases
People v. Hudson, 615 N.W.2d 784 (Mich. Ct. App. 2000).
“Following a preliminary examination, the district court bound defendant Karen Hudson over for trial on one count of second-degree vulnerable adult abuse, MCL 750.145n(2); MSA 28.342A(n)(2), a felony.”
People v. DeKorte, 593 N.W.2d 203 (Mich. Ct. App. 1999).
“MCL 750.145n(2); MSA 28.342A(n)(2), the second-degree vulnerable adult abuse statute, provides: A caregiver or other person with authority over the vulnerable adult is guilty of vulnerable adult abuse in the second degree if the reckless act or reckless failure to act of the…”
People v. Comella, 823 N.W.2d 138 (Mich. Ct. App. 2012).
“of, or attempt to perpetrate, arson, criminal sexual conduct in the first, second, or third degree, child abuse in the first degree, a major controlled substance offense, robbery, carjacking, breaking and entering of a dwelling, home invasion in the first or second degree,…”
Murphy v. Gilman, 551 F. Supp. 2d 677 (W.D. Mich. 2008).
“§ 750.145n(2), or perhaps first degree, § 750.”
People of Michigan v. Rachel Lynn Bruce (Mich. Ct. App. 2017).
“145n, which provides, in pertinent part: -2- (1) A caregiver is guilty of vulnerable adult abuse in the first degree if the caregiver intentionally causes serious physical harm or serious mental harm to a vulnerable adult.”
— Mich. Comp. Laws § 750.145n(4) — 1 case
People of Michigan v. Joshua Quincy Burns (Mich. Ct. App. 2016).
“MCL 750.145n(2) states that second-degree vulnerable adult abuse occurs “if the reckless act or reckless failure to act of the caregiver or other person with authority over the vulnerable adult causes serious physical harm or serious mental harm to a vulnerable adult.”
— Mich. Comp. Laws § 750.145n(l) — 3 cases
People v. Cline, 741 N.W.2d 563 (Mich. Ct. App. 2007).
“349, and 17 counts of first-degree vulnerable-adult abuse, MCL 750.145n(l). Defendant was sentenced to concurrent prison terms of 25 to 40 years for kidnapping and 10 to 15 years on each count of first-degree vulnerable-adult abuse.”
People v. Comella, 823 N.W.2d 138 (Mich. Ct. App. 2012).
“of, or attempt to perpetrate, arson, criminal sexual conduct in the first, second, or third degree, child abuse in the first degree, a major controlled substance offense, robbery, carjacking, breaking and entering of a dwelling, home invasion in the first or second degree,…”
Murphy v. Gilman, 551 F. Supp. 2d 677 (W.D. Mich. 2008).
“§ 750.145n(2), or perhaps first degree, § 750.”
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