§93.3.1. Second degree cruelty to the elderly and persons with infirmities

            A. Second degree cruelty to the elderly and persons with infirmities is the intentional or criminally negligent mistreatment or neglect by any person or caregiver which causes serious bodily injury to a person with an infirmity, an adult with a disability, or a person who is elderly, including but not limited to a person who is a resident of a nursing home, facility for persons with intellectual disabilities, mental health facility, hospital, or any other residential facility.

            B. For the purposes of this Section, the following terms have the following meanings:

            (1)(a) "Caregiver" means any person who is temporarily or permanently responsible, whether such care is voluntarily assumed or is assigned, for the care of a person with an infirmity, an adult with a physical or mental disability, or a person who is elderly.

            (b) "Caregiver" includes but is not limited to any of the following individuals or entities who have voluntarily assumed the care of, been assigned the care of, or have voluntarily assumed a residence with a person who is elderly, a person with an infirmity, or an adult with a disability:

            (i) Adult children.

            (ii) Parents.

            (iii) Relatives.

            (iv) Neighbors.

            (v) Daycare institutions and facilities.

            (vi) Adult congregate living facilities.

            (vii) Nursing homes.

            (2) "Elderly" means any individual who is sixty years of age or older.

            C. The providing of treatment by a caregiver in accordance with a well-recognized spiritual method of healing, in lieu of medical treatment, shall not for that reason alone be considered the intentional or criminally negligent mistreatment or neglect of a person with an infirmity, an adult with a disability, or a person who is elderly. The provisions of this Subsection shall be an affirmative defense to a prosecution pursuant to this Section.

            D. Whoever commits the crime of second degree cruelty to the elderly and persons with infirmities shall be imprisoned at hard labor for not more than forty years.

            Acts 2026, No. 120, §1.