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368. (a) The Legislature finds and declares that elders, adults whose physical or mental disabilities or other limitations restrict their ability to carry out normal activities or to protect their rights, and adults admitted as inpatients to a 24-hour health facility deserve special consideration and protection.
Penal Code § 368 PC defines elder abuse as the physical or emotional abuse, neglect, or financial exploitation of a victim 65 years of age or older. This offense can be prosecuted as a misdemeanor or a felony and is punishable by up to 4 years of jail or prison.
By a fine not exceeding one thousand dollars ($1,000), by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, when the moneys, labor, goods, services, or real or personal property taken or obtained is of a value not exceeding nine hundred fifty dollars ($950).
Any individual who cares for an elderly person in a nursing home or assisted living facility is bound by Penal Code 368 PC to uphold high standards of living and prevention of any type of senior abuse. If your loved one has been harmed, the offender may have committed a crime.
This section of the California Penal Code defines and punishes various offenses against elders and dependent adults, such as abuse, neglect, theft, and false imprisonment. It also provides the legal definitions of "elder" and "dependent adult" and the aggravating factors for sentencing.
8 maj 2024 · This is a California Criminal Jury Instruction for the crime of elder or dependent adult abuse, which is defined by Penal Code section 368 (c). It explains the elements of the crime, the definitions of terms, and the legal duty and negligence standards.
8 maj 2024 · Abuse of Elder or Dependent Adult Likely to Produce Great Bodily Harm or Death (Pen. Code, § 368(b)(1))
