(a) No caretaker shall knowingly fail to provide a functionally impaired person under his care with any treatment, care, goods or service that is necessary to maintain the health or safety of the functionally impaired person when this failure results in physical harm or serious physical harm to the functionally impaired person.
(b) No caretaker shall recklessly fail to provide a functionally impaired person under his care with any treatment, care, goods or service that is necessary to maintain the health or safety of the functionally impaired person when this failure results in serious physical harm to the functionally impaired person.
(c) (1) Whoever violates subsection (a) hereof is guilty of knowingly failing to provide for a functionally impaired person, a misdemeanor of the first degree if the offender previously has not been convicted of or pleaded guilty to a violation of this section, Section 537.03, 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.
(2) Whoever violates subsection (b) hereof is guilty of recklessly failing to provide for a functionally impaired person, a misdemeanor of the second degree, if the offender previously has not been convicted of or pleaded guilty to a violation of this section, Section 537.03 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.
(ORC 2903.16)