§ 28-143. Simple battery of the infirm.

(a)

The term "simple battery of the infirm" means a battery committed against an infirm, disabled, or aged person who is incapable of consenting to the battery due to either of the following:

(1)

Advanced age.

(2)

Unsoundness of mind, stupor, abnormal condition of the mind, or other mental or developmental disability, regardless of the age of the victim.

(b)

For purposes of this section, the term infirm, disabled, or aged person" shall include but not be limited to any individual who is a resident of a nursing home, mental retardation facility, mental health facility, hospital, or other residential facility, or any individual who is 60 years of age or older. Lack of knowledge of the person's age shall not be a defense.

(c)

Whoever violates this section shall be fined not more than $500.00 and imprisoned not less than 30 days nor more than 60 days, or both.

(Code 2004, § 14.35.2)

State law reference

Simple battery of the infirm, R.S. 14:35.2.