Elder Abuse Defense in CaliforniaCalifornia Penal Code § 368

Watch: Elder Abuse Offenses in California

ELDER ABUSE UNDER PENAL CODE § 368

Under Penal Code § 273d, any person who willfully inflicts upon a child any cruel or inhuman corporal punishment or an injury resulting in a traumatic condition is guilty of a felony.

A person who knows or reasonably should know that a person is an elder or dependent adult and who, under circumstances or conditions likely to produce great bodily harm or death, does any of the following:

PUNISHMENTS FOR ELDER ABUSE

Misdemeanor elder abuse is punishable by imprisonment in a county jail not exceeding one year, or by a fine not to exceed $6,000, or by both that fine and imprisonment.

Felony elder abuse is punishable by imprisonment in state prison for two, three, or four years.

DEFENSES TO ELDER ABUSE

There are many defenses to elder abuse. For example, if an elder is injured by an accident