If you or a loved one is dealing with an elder abuse charge, it’s essential that you know exactly how California state law defines it. According to the California Department of Justice, Office of the Attorney General website, there are 11 sections of state law that pertain to criminal elder abuse. This article details the specifics of what entails elder abuse without the legal jargon that can be confusing and difficult to understand.
Penal Code 187—Murder
An elder abuse charge may be brought under this code if an elder was killed unlawfully, with evil intentions, or while committing another felony that puts other people in danger. If convicted, the person who committed the crime (aka the defendant) could be sentenced to death, life without possibility of parole, or twenty-five years to life in prison.
Penal Code 261—Rape
This code indicates that elder abuse has occurred if the defendant has had forced sexual intercourse with an elder if he or she is mentally or physically unable to give consent. To qualify under this code, the defendant must not be married to the victim and must have known that the victim was unable to give consent. It could also be elder abuse if the victim isn’t aware of what sex is, so they aren’t able to agree or refuse. If proven guilty, defendants will spend 3, 6, or 8 years in a California state prison.
Penal Code 288(a);(b)(2);(c)(2)—Lewd or Lascivious Acts
Lewd means crude and offensive in a sexual way, and lascivious means inclined to lustfulness and arousing sexual desire, so this code has to do with inappropriate sexual attitudes and behaviors. This is a charge that occurs when someone has used force, violence, or fear tactics to coerce the elder to do or allow certain lewd or lascivious acts. Depending on the circumstances of the crime, possible penalties are 5, 8, or 10 years in state prison as well as a $10,000 fine, or 1, 2, or 3 years in state prison and one year in a county jail.
Penal Code 289—Sexual Penetration
This one is pretty self-explanatory—forced sexual penetration occurs against the victim’s wishes. This charge may be brought if the victim is incapable of giving consent because of physical or mental limitations. Again, the defendant must know that the victim can’t give consent for the charge to be legitimate. If found guilty, 3, 6, or 8 years must be spent in state prison.
Penal Code 368(b)(1)(2)(3)—Suffering
To be guilty under this code, the defendant must have caused the elder physical or mental suffering. It can also apply if the defendant only allowed the elder to suffer, even if the defendant didn’t cause the suffering. Depending on the severity of the crime, the penalties vary widely. If found guilty, the defendant will in the county jail for one year, and will have to pay a $6,000 fine. If the victim has suffered significant physical harm, then the defendant will also have to be in state prison for 3 additional years (if the elder is younger than 70), or 5 additional years (if the elder is older than 70). If the defendant caused the elder’s death, then they must be in state prison for 5 or 7 years, depending on if the victim was over 70 or not.
Penal Code 368 (subsections (d) and (e))—Theft and Misuse of $$
These two sections of code 368 have to do with theft and embezzlement. Embezzlement means theft or misuse of funds given to someone or belonging to an employer. The D section applies to those defendants who aren’t caretakers of elders, and E applies to caretakers. Depending on whether the amount taken or misused is greater or less than $950, the sentences differ. If it was more than $950, defendants must spend one year in the county jail and pay a $1,000 fine, or go to state prison for 2, 3, or 4 years. When the amount involved is less than $950, the defendant must spend one year in the county jail and pay a $1,000 fine.
Penal Code 422—Threats
If someone threatens an elder and makes them fear for their safety or their immediate family’s safety, this is against California elder abuse laws, and may be prosecuted. To apply, the defendant must have specifically had an intent to harm. If found guilty, a defendant may spend up to one year in state prison.
Health and Safety Code 1290(c)—For Healthcare Facilities
This one has to do with healthcare facilities such as nursing homes, long-term care facilities, and similar elder care organizations. Charges may be brought if the employees repeatedly disobey California’s regulations that relate to elder care. A misdemeanor charge will be imposed if the defendant is found guilty, and he or she will have to pay a $2,500 fine and spend 180 days in the county jail.
Welfare and Institutions Code 15630
This code requires everyone to report conditions of elder abuse, which is defined specifically in this code as physical abuse, abandonment, abduction, isolation, financial abuse, and neglect. If someone fails to report elder abuse, they may have to spend 6 months in the county jail and have to pay $1,000. If the elder ends up getting seriously hurt or even dies, guilty defendants will have to spend one year in the county jail and have to pay a $5,000 fine.
Are You Facing an Elder Abuse Charge in California?
Don’t wait another moment—pick up your phone and call criminal defense attorney Dan Chambers of the Chambers Law Firm. He’ll look at your specific case and unequivocally prove your innocence or secure the lightest possible sentence. An elder abuse charge is very serious in California, so you’ll want to get it taken care of right away. Call 714-760-4088, email dchambers@clfca.com, or click CONTACT above to send a message to get started now.
