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State of California has passed various statues making elder abuse subject to unique criminal and civil liability. Essentially, the laws forbid the lack of care as well as the physical or mental abuse of elderly dependent persons. Violation of such provisions can subject the perpetrator to civil and/or criminal liability. The definitions are contained in the Welfare and Institutions Code and the criminal penalties in the Penal Code.

It is important to note that many of the statutes apply to ANY dependent adult regardless of age. It is also important to note that failure to provide goods or services by a care custodian, itself, may be considered elder abuse.

 The Law:

Welfare and Institution Code Definitions.

Section

15610.23.

(a) “Dependent adult” means any person between the ages of 18 and 64 years who resides in this state and who has physical or mental limitations that 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

(b)”Dependent adult” includes any person between the ages of 18 and 64 years who is admitted as an inpatient to a 24-hour health facility, as defined in Sections 1250, 2, and 1250.3 of the Health and Safety Code.

15610.27. “Elder” means any person residing in this state, 65 years of age or older.

15610.07. “Abuse of an elder or a dependent adult” means either of the following:

(a) Physical abuse, neglect, financial abuse, abandonment, isolation, abduction, or other treatment with resulting physical harm or pain or mental suffering.

(b) The deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering.

15610.57. (a) “Neglect” means either of the following:

(1) The negligent failure of any person having the care or custody of an elder or a dependent adult to exercise that degree of care that a reasonable person in a like position would exercise.

(2) The negligent failure of an elder or dependent adult to exercise that degree of self-care that a reasonable person in a like position would exercise.

(b) Neglect includes, but is not limited to, all of the following:

(1) Failure to assist in personal hygiene, or in the provision of food, clothing, or shelter.

(2) Failure to provide medical care for physical and mental health No person shall be deemed neglected or abused for the sole reason that he or she voluntarily relies on treatment by spiritual means through prayer alone in lieu of medical treatment.

(3) Failure to protect from health and safety hazards.

(4) Failure to prevent malnutrition or dehydration.

(5) Failure of an elder or dependent adult to satisfy the needs specified in paragraphs (1) to (4), inclusive, for himself or herself as a result of poor cognitive functioning, mental limitation, substance abuse, or chronic poor health.

Both the Courts and the various governmental agencies have held that abuse may be defined in a broad category of actions:

  • Physical Abuse which includes but is not limited to assault, battery, unreasonable restraints, For further definition look at California Welfare and Institution Code Section 15610.63
  • Psychological Abuse which includes but is not limited to verbal abuse, harassment, or being confined to a room for extended periods of time, For further definition look at California Welfare and Institution Code Section 15610.53
  • Financial Abuse which includes but is not limited to fraudulent financial investment, extorting money from an elder, or anyone who stands in a position of trust and uses that to their advantage, For further definition look at California Welfare and Institution Code Section 15610.30
  • Neglect Abuse which includes but is not limited to when an individual fails to give adequate personal hygiene, fails to prevent malnutrition, fails to provide clothing or shelter, etc.

California Welfare and Institution Code Section 15610.57(a)

  • Isolation Abuse which includes but is not limited to an individual prevents another (or him or herself) from having contact with other by refusing calls, mail or For further definition look at California Welfare and Institution Code Section 15610.43
  • Abandonment which includes but is not limited to an individual who willfully forsakes an For further definition look at California Welfare and Institution Code Section 15610.05
  • As discussed below, the California Penal Code Section 368 makes certain acts against an elder punishable by prison terms if convicted in a criminal court.
  • Federal Law relating to elder abuse can be found in The Older Americans Act, Title I, Section 102, The Older Americans Act, Title III, Section 307, and The Older Americans Act, Title VII, Section 721.

It is in the California Penal Code that the “teeth” of the elder abuse laws are found. Put simply, one can go to jail if one abuses an elderly or dependent person in California.

Penal Code 368.

(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, under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits any elder or dependent adult, with knowledge that he or she is an elder or a 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 subdivision (e) of Section 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, under circumstances or conditions other than those likely to produce great bodily harm or death, willfully causes or permits any elder or dependent adult, with knowledge that he or she is an elder or a 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 or embezzlement, with respect to the property of an elder or dependent adult, and who knows or reasonably should know that the victim is an 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 money, labor, or real or personal property taken 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 money, labor, or real or personal property taken 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 or embezzlement, with respect to the property 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 money, labor, or real  or personal  property taken 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 money, labor, or real or personal property taken is of a value  not exceeding four hundred dollars ($400).

(f) Any person who commits the false imprisonment of an elder or 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 “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 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.