California Penal Code 368 PC defines the crime of elder abuse as inflicting physical or emotional abuse, neglect, or financial exploitation upon a victim who is 65 years of age or older. The offense can be prosecuted as a misdemeanor or a felony, and is punishable by up to 4 years of jail or prison.
While older people enjoy the same universal rights as everyone else, some rights are particularly relevant to the experience of ageing:
Elder neglect occurs when someone fails to properly care for an elderly person. He or she may not give the person treatments, or may give him or her the wrong amount of medicines. Neglect can happen in the person’s own home, the carer’s home, or a facility, such as a nursing home.
The Basics of Penal Code 368 | California Elder Abuse Laws | 368 PC. Anyone who is aged 65 years or older is considered an elder under California elder abuse law. Under these laws, elder abuse can lead to charges in either civil or criminal court.
Under California Penal Code Section 368 PC, the crime of elder abuse can involve a variety of criminal behavior that is targeted at people who are 65 years old or older. Elder abuse can involve physical or emotional abuse directed towards the elderly, neglect or financial exploitation.
Section 10 of the Constitution provides that everyone has a right to have their dignity respected and protected. The abuse, ill treatment, violence or neglect of an elderly person strips the person of their dignity.
Let’s take a look at the types of neglect.
The National Center on Elder Abuse distinguishes between seven different types of elder abuse. These include physical abuse, sexual abuse, emotional abuse, financial/material exploitation, neglect, abandonment, and self-neglect. Physical abuse.
What are the signs of elder abuse?
A prosecutor must prove the following to convict a person of felony elder abuse:
Elder abuse can be either a misdemeanor or a felony depending on where the crime is committed and how serious it is. An example of misdemeanor elder abuse may be reckless neglect, while an example of felony elder abuse might be violence against an older adult at a nursing home.
What is Elder Abuse? Elder abuse is an intentional act or failure to act that causes or creates a risk of harm to an older adult. An older adult is someone age 60 or older. The abuse occurs at the hands of a caregiver or a person the elder trusts.
Call 1800 628 221. Any- one can make the call.
Most people who work with elders or disabled adults are mandated reporters under state law. Failure to report abuse of an elder or dependent adult is a misdemeanor, punishable by not more than six months in the county jail or by a fine of not more than $1,000, or both imprisonment and fine.
Consequences. Elder abuse can have serious physical and mental health, financial, and social consequences, including, for instance, physical injuries, premature mortality, depression, cognitive decline, financial devastation and placement in nursing homes.