What types of conduct can be charged as elder abuse?

Penal Code section 368 is the main statute that discusses elder abuse. It contains several types of conduct that can serve as the basis of a charge of elder abuse:

  • Willful neglect
  • Inflicting physical harm or suffering on an elder
  • Placing an elder in a situation that could result in great bodily injury or death
  • Permitting the health of an elder to be jeopardized
  • General neglect
  • Committing theft, fraud, embezzlement or otherwise taking financial advantage of an elder
  • False imprisonment of an elder through the use of force, menace, fraud or violence

Enhanced penalties can be imposed if the elder in fact suffers great bodily injury or dies from the abuse.


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