636.23 FAILING TO PROVIDE FOR A FUNCTIONALLY IMPAIRED PERSON.

   (a)    As used in this section and Section 636.02:

      (1)    "Caretaker" means a person who assumes the duty to provide for the care and protection of a functionally impaired person on a voluntary basis, by contract, through receipt of payment for care and protection, as a result of a family relationship or by order of a court of competent jurisdiction. "Caretaker" does not include a person who owns, operates or administers, or who is an agent or employee of, a care facility, as defined in Ohio R.C. 2903.33.

      (2)    "Functionally impaired person" means any person who has a physical or mental impairment that prevents him or her from providing for his or her own care or protection, or whose infirmities caused by aging prevent him or her from providing for his or her own care or protection.

         (ORC 2903.10)

   (b)    No caretaker shall knowingly fail to provide a functionally impaired person under his or her care with any treatment, care, goods or service that is necessary to maintain the health or safety of the functionally impaired person when such failure results in physical harm or serious physical harm to the functionally impaired person.

   (c)    No caretaker shall recklessly fail to provide a functionally impaired person under his or her care with any treatment, care, goods or service that is necessary to maintain the health or safety of the functionally impaired person when such failure results in serious physical harm to the functionally impaired person.

   (d)    Whoever violates subsection (b) hereof is guilty of knowingly failing to provide for a functionally impaired person, a misdemeanor of the first degree, provided the offender has not previously been convicted of or pleaded guilty to a violation of this section, or a violation of Ohio R.C. 2903.11, 2903.13 or 2903.16, and if the victim of the previous offense was a functionally impaired person under the offender's care. Punishment shall be as provided in Section 698.02.

   (e)    Whoever violates subsection (c) hereof is guilty of recklessly failing to provide for a functionally impaired person, a misdemeanor of the first degree, provided the offender has not previously been convicted of or pleaded guilty to a violation of this section, or a violation of Ohio R.C. 2903.11, 2903.13 or 2903.16, and if the victim of the previous offense was a functionally impaired person under the offender's care. Punishment shall be as provided in Section 698.02.