(6)2.3.8 Assault on a Vulnerable Person

A person is guilty of Assault on a Vulnerable Person under this subsection if he or she assaults another person and:

(a) the victim is a vulnerable person, and the actor knows or reasonably should know of the victim’s vulnerability; or

(b) the assault results in physical injury to a vulnerable person, regardless of whether serious bodily injury occurs; or

(c) the assault occurs against a vulnerable person under the care, supervision, custody, or authority of the actor, whether temporarily or permanently.

(d) For purposes of this subsection, a “vulnerable person” includes, but is not limited to:

• a minor child;
• a person sixty-five years of age or older;
• a person with a physical, intellectual, developmental, or cognitive disability;
• a person with a mental health condition that substantially limits the ability to protect themselves from harm;
• a person who is otherwise dependent upon another for care, supervision, or protection due to age, disability, or infirmity.

(e) This subsection shall not apply to lawful and reasonable use of force authorized by law, including force used in good faith for caregiving, medical treatment, or protection, where such force is proportionate and not abusive.

Assault on a Vulnerable Person is a Class C Felony.