3. OFFENSES AFFECTING THE HEALTH AND SAFETY
OF PERSONS WITH INFIRMITIES
§93.3. Cruelty to elderly and persons with infirmities
A. Cruelty to persons with infirmities is the intentional or criminally negligent
mistreatment or neglect by any person, including a caregiver, whereby unjustifiable pain,
malnourishment, or suffering is caused to a person with an infirmity, an adult with a
disability, or a person who is elderly, including but not limited to a person who is a resident
of a nursing home, facility for persons with intellectual disabilities, mental health facility,
hospital, or other residential facility.
B. "Caregiver" is defined as any person or persons who temporarily or permanently
is responsible for the care of a person with an infirmity; an adult with a physical or mental
disability; or a person who is elderly, whether such care is voluntarily assumed or is assigned.
"Caregiver" includes but is not limited to adult children, parents, relatives, neighbors,
daycare institutions and facilities, adult congregate living facilities, and nursing homes which
or who have voluntarily assumed or been assigned the care of a person who is elderly, a
person with an infirmity, or an adult with a disability; or have assumed voluntary residence
with a person who is elderly, a person with an infirmity, or an adult with a disability.
C. For the purposes of this Section and R.S. 14:93.4, the term "elderly" means any
individual sixty years of age or older.
D. The providing of treatment by a caregiver in accordance with a well-recognized
spiritual method of healing, in lieu of medical treatment, shall not for that reason alone be
considered the intentional or criminally negligent mistreatment or neglect of a person with
an infirmity, an adult with a disability, or a person who is elderly. The provisions of this
Subsection shall be an affirmative defense to a prosecution under this Section.
E.(1) Whoever commits the crime of cruelty to any person with an infirmity, adult
with a disability, or person who is elderly shall be fined not more than ten thousand dollars
or imprisoned with or without hard labor for not more than ten years, or both. At least one
year of the sentence imposed shall be served without benefit of parole, probation, or
suspension of sentence when the act of cruelty to persons with infirmities was intentional and
malicious.
(2) Upon a second or subsequent conviction, the offender shall be fined not more
than ten thousand dollars and imprisoned at hard labor for not less than five years nor more
than ten years. Five years of the sentence of imprisonment imposed shall be served without
benefit of parole, probation, or suspension of sentence.
Added by Acts 1981, No. 850, §1; Acts 1987, No. 87, §1, eff. June 18, 1987; Acts
1994, 3rd Ex. Sess., No. 26, §1; Acts 1995, No. 841, §1; Acts 1995, No. 883, §1; Acts 2003,
No. 434, §1; Acts 2010, No. 831, §1; Acts 2014, No. 811, §6, eff. June 23, 2014; Acts 2025,
No. 186, §1.