Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 2 - LAW ENFORCEMENT AGENCIES AND PROGRAMS (§§ 12-6-101 — 12-20-301) › Chapter 12 - CRIME REPORTING AND INVESTIGATIONS (§§ 12-12-101 — 12-12-1906) › Subchapter 17 - ADULT AND LONG-TERM CARE FACILITY RESIDENT MALTREATMENT ACT (§§ 12-12-1701 — 12-12-1723) › Section 12-12-1720 - Penalties

(a)
(1)
A person commits the offense of failure to report under this subchapter in the first degree if he or she:
(A)
Is a mandated reporter under §
12-12-1708
;
(B)
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
(C)
Knowingly fails to report or cause a report to be made to the adult and long-term care facility resident maltreatment hotline.
(2)
Failure to report under this subchapter in the first degree is a Class B misdemeanor.
(b)
(1)
A person commits the offense of failure to report in the second degree if he or she:
(A)
Is a mandated reporter under §
12-12-1708
;
(B)
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
(C)
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.
(2)
Failure to report in the second degree is a Class C misdemeanor.
(c)
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.
(d)
(1)
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.
(2)
For a first offense, false reporting of adult abuse is a Class A misdemeanor.
(3)
For a subsequent offense, false reporting of adult abuse is a Class D felony.
(e)
(1)
A person commits the offense of unlawful disclosure of data or information under this subchapter if:
(A)
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
(B)
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
.
(2)
Unlawful disclosure of data or information under this subchapter is a Class A misdemeanor.
(f)
(1)
A person commits the offense of failure to report a death under this subchapter if he or she:
(A)
Is required to report a death under §
12-12-1709
;
(B)
Has reasonable cause to suspect that an adult or long-term care facility resident has died as a result of maltreatment; and
(C)
Knowingly fails to make the report in the time and manner required under this subchapter.
(2)
Failure to report a death under this subchapter is a Class C misdemeanor.
Amended by Act 2017, No. 250,§ 8, eff. 8/1/2017.
Acts 2005, No. 1812, § 1; 2009, No. 165, § 12; 2009, No. 525, § 6.