Sec. 1. 17-A MRSA §555, as amended by PL 2001, c. 111, §1, is repealed and the following enacted in its place:

§555. Endangering welfare of incompetent person

1.__A person is guilty of endangering the welfare of a dependent person if that person:

A.__Intentionally, knowingly or recklessly endangers the health, safety or mental welfare of a person who is unable to perform self-care because of advanced age or physical or mental disease, disorder or defect;

B.__Intentionally, knowingly or recklessly endangers the health, safety or mental welfare of a person who is unable to perform self-care because of advanced age or physical or mental disease, disorder or defect and in fact causes serious bodily injury; or

C.__Intentionally, knowingly or recklessly endangers the health, safety or mental welfare of a person who is unable to perform self-care because of advanced age or physical or mental disease, disorder or defect and in fact causes death.

2.__As used in this section, "endangers" includes a failure to act only when the defendant had a legal duty to protect the health, safety or mental welfare of the dependent person.__For purposes of this section, a legal duty may be inferred if the defendant has assumed responsibility for the care of the dependent person.

3.__Endangering the welfare of a dependent person is a Class D crime except that a violation of subsection 1, paragraph B is a Class C crime and violation of subsection 1, paragraph C is a Class B crime.

SUMMARY

This bill increases the class of crime for endangering the welfare of an incompetent dependent person to a Class C crime if the endangerment results in serious bodily injury and to a Class B crime if the endangerment results in death.