Section 260.32. Endangering the welfare of a vulnerable elderly person in the second degree

A person is guilty of endangering the welfare of a vulnerable  elderly
  person  in  the  second  degree when, being a caregiver for a vulnerable
  elderly person:
    1. With intent to cause physical injury to  such  person,  he  or  she
  causes such injury to such person; or
    2. He or she recklessly causes physical injury to such person; or
    3.  With criminal negligence, he or she causes physical injury to such
  person by means of a deadly weapon or a dangerous instrument; or
    4. He or she subjects  such  person  to  sexual  contact  without  the
  latter's  consent.  Lack  of consent under this subdivision results from
  forcible compulsion or incapacity to consent, as those terms are defined
  in  article  one  hundred  thirty  of  this  chapter,   or   any   other
  circumstances  in which the vulnerable elderly person does not expressly
  or impliedly acquiesce in the caregiver's conduct.  In  any  prosecution
  under  this  subdivision  in  which the victim's alleged lack of consent
  results solely from incapacity to consent because of the victim's mental
  disability or mental incapacity, the provisions  of  section  130.16  of
  this  chapter  shall  apply.  In addition, in any prosecution under this
  subdivision in which the victim's lack of consent is based  solely  upon
  his  or  her  incapacity  to  consent  because  he  or  she was mentally
  disabled, mentally  incapacitated  or  physically  helpless,  it  is  an
  affirmative defense that the defendant, at the time he or she engaged in
  the  conduct  constituting  the  offense,  did  not know of the facts or
  conditions responsible for such incapacity to consent.
    Endangering the welfare of a vulnerable elderly person in  the  second
  degree is a class E felony.