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 |