Criminal charges for Senior Fraud may be brought against a person who knows or reasonably should know that an elder or dependent adult is under circumstances or conditions likely to produce great bodily harm or ordeal, or willfully causes or permits any elder to suffer, or inflicts unjustifiable physical pain or mental suffering, including a caretaker of an elder who violates any law proscribing theft, embezzlement, forgery, or fraud.
What does the prosecutor have to prove?
Felony: 1. Defendant is not a caretaker of an elder or dependent adult.
2. Defendant violated a provision of law proscribing theft or embezzlement, with respect to the property of an elder or dependent adult.
3. Defendant knew or reasonably should have known Victim was an elder or dependent adult.
4. The value of money, labor, or real or personal property taken is of a value exceeding nine hundred fifty dollars ($950).
Misdemeanor: 4. The value of money labor, or real or personal property taken is of a value less than nine hundred fifty dollars ($950).
With probation 0-364 days
Misdemeanor: 0-364 days