(a) Any person who knowingly or recklessly abuses, mistreats, or neglects a patient or resident of a facility is guilty of a class A misdemeanor.

(1) If the abuse involves sexual contact such person is guilty of a class G felony.

(2) If the abuse, mistreatment, or neglect results in serious physical injury, sexual penetration, or sexual intercourse, such person is guilty of a class C felony.

(3) If the abuse, mistreatment, or neglect results in death, then the person is guilty of a class A felony.

(b) Any person who knowingly causes medication diversion of a patient or resident, is guilty of the following:

(1) A class G felony.

(2) A class F felony, if committed by a health-care professional.

(c) Any person who knowingly commits financial exploitation of a patient’s or resident’s resources is guilty of the following:

(1) A class A misdemeanor if the value of the resources is less than $1,000.

(2) A class G felony if the value of the resources is $1,000 or more.

(d) Any member of the board of directors or a high managerial agent who knows that patients or residents of the facility are being abused, mistreated, neglected, or financially exploited and fails to promptly take corrective action is guilty of a class A misdemeanor.

(e) Nothing in this section shall preclude a separate charge, conviction, and sentence for any other crime set forth in this title, or in the Delaware Code.

65 Del. Laws, c. 442, § 1; 72 Del. Laws, c. 120, §§ 5, 6; 78 Del. Laws, c. 30, §§ 2, 3; 79 Del. Laws, c. 193, § 2; 81 Del. Laws, c. 206, § 37.