THE MICHIGAN PENAL CODE (EXCERPT) 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) 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. (6) 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.

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

Understanding Michigan Law on Vulnerable Adult Abuse: Section 750.145n of the Michigan Penal Code Simplified

Section 750.145n of the Michigan Penal Code deals with the abuse of vulnerable adults. Below is a simplified explanation of this legal text:

1. First-Degree Vulnerable Adult Abuse: A caregiver is guilty of this crime if they intentionally cause serious physical or mental harm to a vulnerable adult. This offense is considered a felony and can be punishable by up to 15 years in prison, a fine of up to $10,000, or both.
2. Second-Degree Vulnerable Adult Abuse: A caregiver or other person with authority over a vulnerable adult is guilty of this crime if their reckless behavior or failure to act causes serious physical or mental harm to the vulnerable adult. This is also a felony and can be punished by up to 4 years in prison, a fine of up to $5,000, or both.
3. Third-Degree Vulnerable Adult Abuse: A caregiver is guilty of this crime if they intentionally cause physical harm to a vulnerable adult. This offense is a misdemeanor, punishable by up to 2 years in prison, a fine of up to $2,500, or both.
4. Fourth-Degree Vulnerable Adult Abuse: A caregiver or another person with authority over a vulnerable adult is guilty of this crime if their reckless behavior or failure to act causes physical harm to the vulnerable adult. It also includes knowingly or intentionally committing an act that poses an unreasonable risk of harm or injury to a vulnerable adult, even if no physical harm results. This offense is a misdemeanor and can be punished by up to 1 year in prison, a fine of up to $1,000, or both.
5. This law does not prevent a caregiver or other person with authority over a vulnerable adult from taking reasonable actions to stop a vulnerable adult from being harmed or from harming others.
6. This law 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, following the laws of the estates and protected individuals code.

In simple terms, this law covers four degrees of abuse against vulnerable adults, where first-degree is the most serious and fourth-degree is the least serious. The law allows caregivers to take reasonable action to prevent harm and does not apply to patient advocates acting under their official capacity.