31.40. Abuse of An Incompetent; Defined & Punished
(a) A person is guilty of abuse of an incompetent when:
(1) he subjects an incompetent to cruel mistreatment; or
(2) having an incompetent in his care of custody or under his control, he:
(A) deserts that incompetent with intent to abandon him;
(B) subjects that incompetent to cruel mistreatment; or
(C) unreasonably causes or permits the physical or emotional health of that incompetent to be endangered.
(b) As used in this Section, incompetent means a person who is unable to care for himself because of old age, or because of physical or mental illness, disease or defect.
(c) Abuse of an incompetent is a felony of the third degree when it is committed under circumstances likely to result in death or serious bodily injury. Otherwise, it is a misdemeanor.