# Criminal Law (GCR)

## Title 3. Other Crimes Against the Person

### Subtitle 6. Abuse and Other Offensive Conduct

#### Section 3-604

(a)

  (1) In this section and Sec.Sec. 3-605 and 3-606 of this subtitle the following words have the meanings indicated.

  (2)

    (i) "Abuse" means the sustaining of physical pain or injury by a vulnerable adult as a result of cruel or inhumane treatment or as a result of a malicious act under circumstances that indicate that the vulnerable adult's health or welfare is harmed or threatened.

    (ii) "Abuse" includes the sexual abuse of a vulnerable adult.

    (iii) "Abuse" does not include an accepted medical or behavioral procedure ordered by a health care provider authorized to practice under the Health Occupations Article or Sec. 13-516 of the Education Article acting within the scope of the health care provider's practice.

  (3) "Caregiver" means a person under a duty to care for a vulnerable adult because of a contractual undertaking to provide care.

  (4) "Family member" means a relative of a vulnerable adult by blood, marriage, adoption, or the marriage of a child.

  (5) "Household" means the location:

    (i) in which the vulnerable adult resides;

    (ii) where the abuse or neglect of a vulnerable adult is alleged to have taken place; or

    (iii) where the person suspected of abusing or neglecting a vulnerable adult resides.

  (6) "Household member" means an individual who lives with or is a regular presence in a home of a vulnerable adult at the time of the alleged abuse or neglect.

  (7)

    (i) "Neglect" means the intentional failure to provide necessary assistance and resources for the physical needs of a vulnerable adult, including:

      (1) food;

      (2) clothing;

      (3) toileting;

      (4) essential medical treatment;

      (5) shelter; or

      (6) supervision.

    (ii) "Neglect" does not include the provision of nonmedical remedial care and treatment for the healing of injury or disease that is:

      (1) given with the consent of the vulnerable adult; and

      (2) recognized by State law in place of medical treatment.

  (8) "Serious physical injury" means physical injury that:

    (i) creates a substantial risk of death; or

    (ii) causes permanent or protracted serious:

      (1) disfigurement;

      (2) loss of the function of any bodily member or organ; or

      (3) impairment of the function of any bodily member or organ.

  (9)

    (i) "Sexual abuse" means an act that involves sexual molestation or exploitation of a vulnerable adult.

    (ii) "Sexual abuse" includes:

      (1) incest;

      (2) rape;

      (3) sexual offense in any degree; and

      (4) any other sexual conduct that is a crime.

  (10) "Vulnerable adult" means an adult who lacks the physical or mental capacity to provide for the adult's daily needs.

(b)

  (1) A caregiver, a parent, or other person who has permanent or temporary care or responsibility for the supervision of a vulnerable adult may not cause abuse or neglect of the vulnerable adult that:

    (i) results in the death of the vulnerable adult;

    (ii) causes serious physical injury to the vulnerable adult; or

    (iii) involves sexual abuse of the vulnerable adult.

  (2) A household member or family member may not cause abuse or neglect of a vulnerable adult that:

    (i) results in the death of the vulnerable adult;

    (ii) causes serious physical injury to the vulnerable adult; or

    (iii) involves sexual abuse of the vulnerable adult.

(c) A person who violates this section is guilty of the felony of abuse or neglect of a vulnerable adult in the first degree and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 or both.

(d) A sentence imposed under this section shall be in addition to any other sentence imposed for a conviction arising from the same facts and circumstances unless the evidence required to prove each crime is substantially identical.

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Md. Code Ann., Crim. Law (as displayed at mgaleg.maryland.gov, October 16, 2026)
