The Law of Elder Abuse
Elder abuse is a crime in the State of California, the offense is a felony and is
aggressively prosecuted in the County of Los Angeles. A local criminal
defense attorney can assist individuals charged or suspected of the offense
of elderly abuse. The crime can involve one of the following situations:
Physical elder abuse includes the family member who loses patience and
beats an elderly relative or the nursing home worker or caregiver who
physically or sexually assaults an elderly person.
Psychological elder abuse can include instilling fear in an older person or
verbally assaulting the elder with insults and threats. A person can also be
charged with other felonies if words are said like: "I'll kill you!" or "You're
gonna die!" you could be charged with "Terrorist Threats," a felony violation
of section 422 of the California Penal Code.
Elder abuse also includes situations of neglect—lack of medical care, failure
to give prescription medications, failure to provide adequate food and
clothing, failure to provide proper nutrition and water.
Isolation and abandonment are other examples of elder abuse—keeping the
elderly person from seeing others or leaving the elderly person without
needed care.
Financial elder abuse includes taking or stealing money, improper use of
bank accounts, real estate, or other property through fraud or breach of
fiduciary duty to safeguard their assets.
The law in California is as follows:
§ 368. Crimes against elders and dependent adults; Legislative findings; Infliction of
pain, injury or endangerment; Theft, embezzlement, forgery, fraud, or identity theft;
False imprisonment
(a) The Legislature finds and declares that crimes against elders and dependent adults are
deserving of special consideration and protection, not unlike the special protections provided
for minor children, because elders and dependent adults may be confused, on various
medications, mentally or physically impaired, or incompetent, and therefore less able to protect
themselves, to understand or report criminal conduct, or to testify in court proceedings on their
own behalf.
(b) (1) Any person who knows or reasonably should know that a person is an elder or
dependent adult and who, under circumstances or conditions likely to produce great bodily
harm or death, willfully causes or permits any elder or dependent adult to suffer, or inflicts
thereon unjustifiable physical pain or mental suffering, or having the care or custody of any
elder or dependent adult, willfully causes or permits the person or health of the elder or
dependent adult to be injured, or willfully causes or permits the elder or dependent adult to be
placed in a situation in which his or her person or health is endangered, is punishable by
imprisonment in a county jail not exceeding one year, or by a fine not to exceed six thousand
dollars ($6,000), or by both that fine and imprisonment, or by imprisonment in the state prison
for two, three, or four years.
(2) If in the commission of an offense described in paragraph (1), the victim suffers great
bodily injury, as defined in Section 12022.7, the defendant shall receive an additional term in
the state prison as follows:
(A) Three years if the victim is under 70 years of age.
(B) Five years if the victim is 70 years of age or older.
(3) If in the commission of an offense described in paragraph (1), the defendant
proximately causes the death of the victim, the defendant shall receive an additional term in the
state prison as follows:
(A) Five years if the victim is under 70 years of age.
(B) Seven years if the victim is 70 years of age or older.
(c) Any person who knows or reasonably should know that a person is an elder or dependent
adult and who, under circumstances or conditions other than those likely to produce great
bodily harm or death, willfully causes or permits any elder or dependent adult to suffer, or
inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of
any elder or dependent adult, willfully causes or permits the person or health of the elder or
dependent adult to be injured or willfully causes or permits the elder or dependent adult to be
placed in a situation in which his or her person or health may be endangered, is guilty of a
misdemeanor. A second or subsequent violation of this subdivision is punishable by a fine not
to exceed two thousand dollars ($2,000), or by imprisonment in a county jail not to exceed one
year, or by both that fine and imprisonment.
(d) Any person who is not a caretaker who violates any provision of law proscribing theft,
embezzlement, forgery, or fraud, or who violates Section 530.5 proscribing identity theft, with
respect to the property or personal identifying information of an elder or a dependent adult,
and who knows or reasonably should know that the victim is an elder or a dependent adult, is
punishable by imprisonment in a county jail not exceeding one year, or in the state prison for
two, three, or four years, when the moneys, labor, goods, services, or real or personal property
taken or obtained is of a value exceeding four hundred dollars ($400); and by a fine not
exceeding one thousand dollars ($1,000), by imprisonment in a county jail not exceeding one
year, or by both that fine and imprisonment, when the moneys, labor, goods, services, or real or
personal property taken or obtained is of a value not exceeding four hundred dollars ($400).
(e) Any caretaker of an elder or a dependent adult who violates any provision of law
proscribing theft, embezzlement, forgery, or fraud, or who violates Section 530.5 proscribing
identity theft, with respect to the property or personal identifying information of that elder or
dependent adult, is punishable by imprisonment in a county jail not exceeding one year, or in
the state prison for two, three, or four years when the moneys, labor, goods, services, or real or
personal property taken or obtained is of a value exceeding four hundred dollars ($400), and by
a fine not exceeding one thousand dollars ($1,000), by imprisonment in a county jail not
exceeding one year, or by both that fine and imprisonment, when the moneys, labor, goods,
services, or real or personal property taken or obtained is of a value not exceeding four hundred
dollars ($400).
(f) Any person who commits the false imprisonment of an elder or a dependent adult by the
use of violence, menace, fraud, or deceit is punishable by imprisonment in the state prison for
two, three, or four years.
(g) As used in this section, “elder” means any person who is 65 years of age or older.
(h) As used in this section, “dependent adult” means any person who is between the ages of
18 and 64, who has physical or mental limitations which restrict his or her ability to carry out
normal activities or to protect his or her rights, including, but not limited to, persons who have
physical or developmental disabilities or whose physical or mental abilities have diminished
because of age. “Dependent adult” includes any person between the ages of 18 and 64 who is
admitted as an inpatient to a 24–hour health facility, as defined in Sections 1250, 1250.2, and
1250.3 of the Health and Safety Code.
(i) As used in this section, “caretaker” means any person who has the care, custody, or control
of, or who stands in a position of trust with, an elder or a dependent adult.
(j) Nothing in this section shall preclude prosecution under both this section and Section 187
or 12022.7 or any other provision of law. However, a person shall not receive an additional
term of imprisonment under both paragraphs (2) and (3) of subdivision (b) for any single
offense, nor shall a person receive an additional term of imprisonment under both Section
12022.7 and paragraph (2) or (3) of subdivision (b) for any single offense.
(k) In any case in which a person is convicted of violating these provisions, the court may
require him or her to receive appropriate counseling as a condition of probation. Any defendant
ordered to be placed in a counseling program shall be responsible for paying the expense of his
or her participation in the counseling program as determined by the court. The court shall take
into consideration the ability of the defendant to pay, and no defendant shall be denied
probation because of his or her inability to pay.
If you or someone you know has been charged or accused of elderly abuse
in the Burbank, Pasadena or Glendale area, we can help. Call us today for
a complimentary consultation directly with a lawyer.
aggressively prosecuted in the County of Los Angeles. A local criminal
defense attorney can assist individuals charged or suspected of the offense
of elderly abuse. The crime can involve one of the following situations:
Physical elder abuse includes the family member who loses patience and
beats an elderly relative or the nursing home worker or caregiver who
physically or sexually assaults an elderly person.
Psychological elder abuse can include instilling fear in an older person or
verbally assaulting the elder with insults and threats. A person can also be
charged with other felonies if words are said like: "I'll kill you!" or "You're
gonna die!" you could be charged with "Terrorist Threats," a felony violation
of section 422 of the California Penal Code.
Elder abuse also includes situations of neglect—lack of medical care, failure
to give prescription medications, failure to provide adequate food and
clothing, failure to provide proper nutrition and water.
Isolation and abandonment are other examples of elder abuse—keeping the
elderly person from seeing others or leaving the elderly person without
needed care.
Financial elder abuse includes taking or stealing money, improper use of
bank accounts, real estate, or other property through fraud or breach of
fiduciary duty to safeguard their assets.
The law in California is as follows:
§ 368. Crimes against elders and dependent adults; Legislative findings; Infliction of
pain, injury or endangerment; Theft, embezzlement, forgery, fraud, or identity theft;
False imprisonment
(a) The Legislature finds and declares that crimes against elders and dependent adults are
deserving of special consideration and protection, not unlike the special protections provided
for minor children, because elders and dependent adults may be confused, on various
medications, mentally or physically impaired, or incompetent, and therefore less able to protect
themselves, to understand or report criminal conduct, or to testify in court proceedings on their
own behalf.
(b) (1) Any person who knows or reasonably should know that a person is an elder or
dependent adult and who, under circumstances or conditions likely to produce great bodily
harm or death, willfully causes or permits any elder or dependent adult to suffer, or inflicts
thereon unjustifiable physical pain or mental suffering, or having the care or custody of any
elder or dependent adult, willfully causes or permits the person or health of the elder or
dependent adult to be injured, or willfully causes or permits the elder or dependent adult to be
placed in a situation in which his or her person or health is endangered, is punishable by
imprisonment in a county jail not exceeding one year, or by a fine not to exceed six thousand
dollars ($6,000), or by both that fine and imprisonment, or by imprisonment in the state prison
for two, three, or four years.
(2) If in the commission of an offense described in paragraph (1), the victim suffers great
bodily injury, as defined in Section 12022.7, the defendant shall receive an additional term in
the state prison as follows:
(A) Three years if the victim is under 70 years of age.
(B) Five years if the victim is 70 years of age or older.
(3) If in the commission of an offense described in paragraph (1), the defendant
proximately causes the death of the victim, the defendant shall receive an additional term in the
state prison as follows:
(A) Five years if the victim is under 70 years of age.
(B) Seven years if the victim is 70 years of age or older.
(c) Any person who knows or reasonably should know that a person is an elder or dependent
adult and who, under circumstances or conditions other than those likely to produce great
bodily harm or death, willfully causes or permits any elder or dependent adult to suffer, or
inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of
any elder or dependent adult, willfully causes or permits the person or health of the elder or
dependent adult to be injured or willfully causes or permits the elder or dependent adult to be
placed in a situation in which his or her person or health may be endangered, is guilty of a
misdemeanor. A second or subsequent violation of this subdivision is punishable by a fine not
to exceed two thousand dollars ($2,000), or by imprisonment in a county jail not to exceed one
year, or by both that fine and imprisonment.
(d) Any person who is not a caretaker who violates any provision of law proscribing theft,
embezzlement, forgery, or fraud, or who violates Section 530.5 proscribing identity theft, with
respect to the property or personal identifying information of an elder or a dependent adult,
and who knows or reasonably should know that the victim is an elder or a dependent adult, is
punishable by imprisonment in a county jail not exceeding one year, or in the state prison for
two, three, or four years, when the moneys, labor, goods, services, or real or personal property
taken or obtained is of a value exceeding four hundred dollars ($400); and by a fine not
exceeding one thousand dollars ($1,000), by imprisonment in a county jail not exceeding one
year, or by both that fine and imprisonment, when the moneys, labor, goods, services, or real or
personal property taken or obtained is of a value not exceeding four hundred dollars ($400).
(e) Any caretaker of an elder or a dependent adult who violates any provision of law
proscribing theft, embezzlement, forgery, or fraud, or who violates Section 530.5 proscribing
identity theft, with respect to the property or personal identifying information of that elder or
dependent adult, is punishable by imprisonment in a county jail not exceeding one year, or in
the state prison for two, three, or four years when the moneys, labor, goods, services, or real or
personal property taken or obtained is of a value exceeding four hundred dollars ($400), and by
a fine not exceeding one thousand dollars ($1,000), by imprisonment in a county jail not
exceeding one year, or by both that fine and imprisonment, when the moneys, labor, goods,
services, or real or personal property taken or obtained is of a value not exceeding four hundred
dollars ($400).
(f) Any person who commits the false imprisonment of an elder or a dependent adult by the
use of violence, menace, fraud, or deceit is punishable by imprisonment in the state prison for
two, three, or four years.
(g) As used in this section, “elder” means any person who is 65 years of age or older.
(h) As used in this section, “dependent adult” means any person who is between the ages of
18 and 64, who has physical or mental limitations which restrict his or her ability to carry out
normal activities or to protect his or her rights, including, but not limited to, persons who have
physical or developmental disabilities or whose physical or mental abilities have diminished
because of age. “Dependent adult” includes any person between the ages of 18 and 64 who is
admitted as an inpatient to a 24–hour health facility, as defined in Sections 1250, 1250.2, and
1250.3 of the Health and Safety Code.
(i) As used in this section, “caretaker” means any person who has the care, custody, or control
of, or who stands in a position of trust with, an elder or a dependent adult.
(j) Nothing in this section shall preclude prosecution under both this section and Section 187
or 12022.7 or any other provision of law. However, a person shall not receive an additional
term of imprisonment under both paragraphs (2) and (3) of subdivision (b) for any single
offense, nor shall a person receive an additional term of imprisonment under both Section
12022.7 and paragraph (2) or (3) of subdivision (b) for any single offense.
(k) In any case in which a person is convicted of violating these provisions, the court may
require him or her to receive appropriate counseling as a condition of probation. Any defendant
ordered to be placed in a counseling program shall be responsible for paying the expense of his
or her participation in the counseling program as determined by the court. The court shall take
into consideration the ability of the defendant to pay, and no defendant shall be denied
probation because of his or her inability to pay.
If you or someone you know has been charged or accused of elderly abuse
in the Burbank, Pasadena or Glendale area, we can help. Call us today for
a complimentary consultation directly with a lawyer.
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BURBANK CRIMINAL DEFENSE
Local Law Office
2600 West Olive Avenue
Burbank California 91505
Toll Free 1-877-617-4485
2600 West Olive Avenue
Burbank California 91505
Toll Free 1-877-617-4485
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