52-3-803. Definitions. As used in this part, the following definitions apply:
     (1) "Abuse" means the infliction of physical or mental injury or the deprivation of food, shelter, clothing, or services necessary to maintain the physical or mental health of an older person or a person with a developmental disability without lawful authority. A declaration made pursuant to 50-9-103 constitutes lawful authority.
     (2) "Exploitation" means the unreasonable use of an older person or a person with a developmental disability, the person's money, or the person's property to the advantage of another by means of duress, menace, fraud, or undue influence.
     (3) "Incapacitated person" has the meaning given in 72-5-101.
     (4) "Long-term care facility" means a facility defined in 50-5-101.
     (5) "Mental injury" means an identifiable and substantial impairment of an older person's intellectual or psychological functioning or well-being.
     (6) "Neglect" means the failure of a guardian; an employee of a public or private residential institution, facility, home, or agency; or any person legally responsible in a residential setting for the welfare of an older person or a person with a developmental disability to provide, to the extent of legal responsibility, food, shelter, clothing, or services necessary to maintain the physical or mental health of the older person or the person with a developmental disability.
     (7) "Older person" means a person who is at least 60 years of age. For purposes of prosecution under 52-3-825(2), the person 60 years of age or older must be unable to provide personal protection from abuse, sexual abuse, neglect, or exploitation because of a mental or physical impairment or because of frailties or dependencies brought about by advanced age.
     (8) "Person with a developmental disability" means a person 18 years of age or older who has a developmental disability, as defined in 53-20-102.
     (9) "Physical injury" means death, permanent or temporary disfigurement, or impairment of any bodily organ or function.
     (10) "Sexual abuse" means the commission of sexual assault, sexual intercourse without consent, indecent exposure, deviate sexual conduct, or incest, as described in Title 45, chapter 5, part 5.

     History: En. Sec. 3, Ch. 623, L. 1983; amd. Sec. 1, Ch. 668, L. 1985; amd. Sec. 111, Ch. 370, L. 1987; amd. Sec. 2, Ch. 450, L. 1987; amd. Sec. 3, Ch. 198, L. 1989; Sec. 53-5-503, MCA 1989; redes. 52-3-803 by Code Commissioner, 1991; amd. Sec. 1, Ch. 716, L. 1991; amd. Sec. 2, Ch. 167, L. 1993; amd. Sec. 1, Ch. 426, L. 1993; amd. Sec. 3, Ch. 465, L. 1995.