MN HF1945

Creates a new felony offense for caregivers or operators who intentionally deprive vulnerable adults of necessary food, clothing, shelter, health care, or supervision when reasonably able to provide such necessities.

Felony charge applies when the caregiver knows or has reason to know the deprivation could result in substantial or great bodily harm, or when deprivation occurs over an extended period of time.

Establishes sentencing guidelines: up to 10 years imprisonment or $10,000 fine for conduct resulting in great bodily harm; up to 5 years imprisonment or $5,000 fine for conduct resulting in substantial bodily harm.

Adds affirmative defenses for non-supervisory employees unable to provide necessities due to inadequate staffing or institutional policies; for supervisory staff who did not knowingly permit criminal acts; and for caregivers prioritizing care for another vulnerable adult.

Takes effect August 1, 2012 and applies to crimes committed on or after that date; maintains existing gross misdemeanor penalties and exemptions for refusal of medical treatment, spiritual healing, and consensual sexual contact.