Special Crimes Against Elders [Criminal Elder Abuse]

PENAL CODE 

SECTION 368-368.5 

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 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 tosuffer, 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 elderor 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 bya fine not to exceed two thousand dollars ($2,000),
or byimprisonment 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 as follows:

   (1) By a fine not exceeding two thousand five hundred dollars

($2,500), or by imprisonment in a county jail not exceeding one year,

or by both that fine and imprisonment, or by a fine not exceeding

ten thousand dollars ($10,000), or by imprisonment pursuant to

subdivision (h) of Section 1170 for two, three, or four years, 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 exceeding nine hundred fifty dollars ($950).

   (2) 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 nine hundred fifty dollars ($950).

   (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 as follows:

   (1) By a fine not exceeding two thousand five hundred dollars

($2,500), or by imprisonment in a county jail not exceeding one year,

or by both that fine and imprisonment, or by a fine not exceeding

ten thousand dollars ($10,000), or by imprisonment pursuant to

subdivision (h) of Section 1170 for two, three, or four years, 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 exceeding nine hundred fifty dollars ($950).

   (2) 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 nine hundred fifty dollars ($950).

   (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 pursuant to subdivision (h) of Section

1170 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.

368.5.  (a) Local law enforcement agencies and state law
enforcement agencies with jurisdiction shall have concurrent
jurisdiction to investigate elder and dependent adult abuse and all
other crimes against elder victims and victims with disabilities.

   (b) Adult protective services agencies and local long-term care

ombudsman programs also have jurisdiction within their statutory

authority to investigate elder and dependent adult abuse and
criminal neglect, and may assist local law enforcement agencies in
criminal investigations at the law enforcement agencies' request,
provided, however, that law enforcement agencies shall retain
exclusive responsibility for criminal investigations, any provision of
law to the contrary notwithstanding.

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=368-368.5