45-5-802. Abuse, sexual abuse, or neglect of vulnerable adult -- penalties. (1) Except as provided in subsection (3), a person who purposely or knowingly abuses, sexually abuses, or neglects a vulnerable adult is guilty of a felony and shall be imprisoned for a term not to exceed 10 years and be fined an amount not to exceed $10,000, or both.

(2) (a) Except as provided in subsection (3)(a), a person who negligently abuses a vulnerable adult is, on a first conviction, guilty of a misdemeanor and shall be fined an amount not to exceed $1,000 or be imprisoned in the county jail for a term not to exceed 1 year, or both.

(b) On a second or subsequent conviction of the conduct described in subsection (2)(a), the person is guilty of a felony and shall be fined an amount not to exceed $10,000 or be imprisoned for a term not to exceed 10 years, or both.

(3) (a) A person who causes personal degradation to a vulnerable adult in a place where the vulnerable adult has a reasonable expectation of privacy is, on a first conviction, guilty of a misdemeanor and shall be fined an amount not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both.

(b) On a second or subsequent conviction of the conduct described in subsection (3)(a), the person is guilty of a felony and shall be fined an amount not to exceed $10,000 or be imprisoned for a term not to exceed 10 years, or both.

(c) A person 18 years of age or older who has a developmental disability as defined in 53-20-102 may not be charged under subsections (2) and (3) of this section.