The crime of Elder Abuse may be charged if a person causes pain, suffering or injury to an elder or dependent adult, including theft, embezzlement, forgery or fraud by a caretaker. Examples of Elder Abuse are diverting Social Security checks or withholding medications from a dependent senior or abuse suffered at the hands of a nursing home worker.
What does the prosecutor have to prove?
1. Defendant willfully causes or permits any elder or dependent adult to suffer, or inflicts thereon unjustifiable physical pain or mental suffering. or
2. Defendant, having the care or custody of any elder or dependent adult, willfully causes or permits the person or health of the Victim to be injured. or
3. Defendant willfully causes or permits the Victim to be placed in a situation in which his or her person or health is endangered.
4. Defendant had knowledge that Victim was an elder or dependent adult.
5. Defendant’s conduct occurred under circumstances likely to produce great bodily harm or death. [PC 368(b)(1)]
With probation 0-364 days
Misdemeanor: 0-364 days