3121, 3122.1, 3123, 3124.1 and 3125, a caretaker commits a
felony of the third degree if the caretaker engages in sexual
intercourse, deviate sexual intercourse or indecent contact
with a care-dependent person who receives care, services or
treatment in or from a facility.
(2) Paragraph (1) does not apply if the victim and
defendant are spouses, persons living as spouses or current
sexual or intimate partners whose relationship preexisted the
caretaker relationship.
(3) As used in this subsection, the following terms
shall have the meanings given to them in this paragraph:
(i) "Care-dependent person." An adult who, due to
physical or cognitive disability or impairment, requires
assistance to meet the needs for food, shelter, clothing,
personal care or health care.
(ii) "Caretaker." A person who is any of the
following:
(A) An owner, operator, manager or employee of a
facility.
(B) An individual who provides care to a care-
dependent person in a facility.
(C) An individual who has an obligation to
provide care to a care-dependent person for monetary
consideration in a facility.
(D) An individual who does not reside with a
care-dependent person but who, with respect to the
care-dependent person, has:
(I) a legal duty to provide care;
(II) affirmatively assumed a responsibility
to provide care; or
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