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Ark. Code Ann. § 12-12-1720

Penalties

Acts 2005, No. 1812, § 1; 2009, No. 165, § 12; 2009, No. 525, § 6; 2017, No. 250, § 8.

(1) A person commits the offense of failure to report under this subchapter in the first degree if he or she: Is a mandated reporter under § 12-12-1708;

(2) Has observed or has reasonable cause to suspect that an endangered person or impaired person has been subjected to conditions or circumstances that constitute adult maltreatment or long-term care facility resident maltreatment; and

(3) Knowingly fails to report or cause a report to be made to the adult and long-term care facility resident maltreatment hotline.

(4) Failure to report under this subchapter in the first degree is a Class B misdemeanor.

(5) A person commits the offense of failure to report in the second degree if he or she: Is a mandated reporter under § 12-12-1708;

(6) Has observed or has reasonable cause to suspect that an endangered person or impaired person has been subjected to conditions or circumstances that constitute adult maltreatment or long-term care facility resident maltreatment; and

(7) Knowingly fails to make a report or cause a report to be made in the manner and time provided in this subchapter to the adult and long-term care facility resident maltreatment hotline.

(8) Failure to report in the second degree is a Class C misdemeanor.

(9) A person or caregiver required by this subchapter to report a case of suspected adult maltreatment or long-term care facility resident maltreatment who purposely fails to do so is civilly liable for damages proximately caused by the failure.

(10) A person commits the offense of false reporting of adult abuse if he or she purposely makes a false report to the adult and long-term care facility resident maltreatment hotline knowing the allegation in the false report to be false.

(11) For a first offense, false reporting of adult abuse is a Class A misdemeanor.

(12) For a subsequent offense, false reporting of adult abuse is a Class D felony.

(13) A person commits the offense of unlawful disclosure of data or information under this subchapter if: He or she purposely discloses data or information to a person to whom disclosure is not permitted under § 12-12-1717 or § 12-12-1718; or

(14) He or she purposely encourages or permits the release of data or information to a person to whom disclosure is not permitted under § 12-12-1717 or § 12-12-1718.

(15) Unlawful disclosure of data or information under this subchapter is a Class A misdemeanor.

(16) A person commits the offense of failure to report a death under this subchapter if he or she: Is required to report a death under § 12-12-1709;

(17) Has reasonable cause to suspect that an adult or long-term care facility resident has died as a result of maltreatment; and

(18) Knowingly fails to make the report in the time and manner required under this subchapter.

(19) Failure to report a death under this subchapter is a Class C misdemeanor.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.