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Elder Abuse Statutes (Criminal)

CODE SECTION DESCRIPTION PENALTY
PENAL CODE 187
(Murder)
- A human being was killed
- The killing was unlawful
- The killing was done with malice aforethought or occurred during the commission of a felony inherently dangerous to human life
- Death
- Life Without Possibility of Parole
- 25 Years to Life
PENAL CODE 261
(Rape)
- Act of sexual intercourse (with person not spouse) under any of the following circumstances:
- Person is incapable, because of mental disorder or developmental or physical disability, of giving legal consent and this is known or reasonable should be known to person committing act
- Accomplished against person's will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury
- Person prevented from resisting by intoxicating or anesthetic substance
- Person unconscious of nature of the act and this is known to accused
State prison 3, 6 or 8 Years
PENAL CODE 288(a); (b)(2);(c)(2)
(Lewd or Lascivious Acts)
- A person willfully and lewdly commits any lewd or lascivious act, with intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person...
- Person is a caretaker and commits act upon dependent adult by use of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim
- Person is a caretaker and commits act upon dependent adult is guilty of a public offense
Felony - state prison 3, 6 or 8 years and $10,000 fine; State prison 1, 2 or 3 years or 1 year county jail
PENAL CODE 289
(Sexual Penetration)
- A person commits an act of sexual penetration
- Against victim's will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury
- Victim is incapable, because of mental disorder or developmental or physical disability, of giving consent
- And this is known or reasonably should be known to person committing act
State prison 3, 6 or 8 years
PENAL CODE 368(b)(1)(2)(3)
(Causes or permits infliction of physical pain or mental suffering on elder or dependent adult under circumstances or conditions likely to produce great bodily harm or death)
- A person, under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits an elder or dependent adult to suffer - With knowledge that he or she is an elder or dependent adult
- Unjustifiable physical pain or mental suffering
- One year county jail and $6,000 fine or state prison two, three, or four years
- If victim suffers great bodily injury - then additional state prison:
- 3 years if victim under 70 years
- 5 years if victim 70 years or older
- If defendant causes death of victim - then additional state prison:
- 5 years if victim under 70 years
- 7 years if victim 70 years or older
PENAL CODE 368(c)
(Causes or permits infliction of physical pain or mental suffering on elder or dependent adult under circumstances or conditions not likely to produce great bodily harm or death)
- A person, under circumstances or conditions other than those likely to produce great bodily harm or death, willfully causes or permits an elder or dependent adult to suffer - With knowledge that he or she is an elder or dependent adult
- Unjustifiable physical pain or mental suffering
Misdemeanor
PENAL CODE 368(d)
(Violates provision of law proscribing theft or embezzlement - not a caretaker)
- A person, not a caretaker violates provision of law proscribing theft or embezzlement with respect to property of an elder or dependent adult
- With knowledge that he or she is an elder or dependent adult
When value of property taken exceeds $400:
Misdemeanor or felony: One year county jail and $1,000 fine

When value of property taken does not exceed $400:
One year county jail and $1,000 fine
PENAL CODE 368(e)
(Violates provision of law proscribing theft or embezzlement - caretaker)
- A caretaker violates provision of law proscribing theft or embezzlement with respect to property of an elder or dependent adult
When value of property taken exceeds $400:
Misdemeanor or felony: One year county jail and $1,000 fine

When value of property taken does not exceed $400:
One year county jail and $1,000 fine
PENAL CODE 422
(Elements of Offense - Willfully threatens to commit a crime which will result in death or great bodily injury)
- A person willfully threatens to commit a crime which
- Will result in death or great bodily injury to another
- With specific intent that the statement ... is to be taken as a threat
- Causes person reasonably to be in sustained fear for his or her own safety or for his or her immediate family's safety
County jail not to exceed one year or state prison
HEALTH & SAFETY CODE 1290 (Violations, Penalties Relating to Operation or Maintenance of Long-Term Healthcare Facilities - Willfully or repeatedly violating chapter or rule or regulation adopted under chapter relating to operation or maintenance of long-term health care facility - Misdemeanor - $2,500 fine and 180 days county jail
WELFARE & INSTITUTIONS CODE 15630 (Mandated Reporters of Abuse) - Defines mandated reporters
- Known or suspected abuse of elder or dependent adult:
- Physical
- Abandonment
- Isolation
- Financial
- Neglect
- Reporting requirements
- Failure to report - misdemeanor:
Six months county jail and $1,000 fine
- Failure to report - felony - where abuse results in death or great bodily injury:
One year county jail and $5,000 fine

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