California Penal Code § 368 PC is a critical statute that addresses elder abuse—a growing concern as the population ages. This law is designed to protect elderly and dependent adults from physical, emotional, and financial abuse. Whether you are seeking to understand the law for legal, professional, or personal reasons, this guide will provide a thorough explanation of what the law covers, the penalties involved, and the defenses available.
What Is Elder Abuse Under Penal Code 368 PC?
Under California Penal Code § 368 PC, elder abuse occurs when someone:
Physically abuses, emotionally abuses, neglects, endangers, or financially exploits an elder or dependent adult;
And does so willfully or with criminal negligence;
Knowing or reasonably should have known the victim is 65 years of age or older, or a dependent adult (typically between 18 and 64 with physical or mental limitations).
Elder abuse can occur in a variety of settings, including private homes, nursing homes, hospitals, and assisted living facilities.
Types of Elder Abuse Covered by the Law
Penal Code § 368 PC broadly categorizes elder abuse into the following forms:
1. Physical Abuse
Hitting, slapping, pushing, or using excessive force
Restraining or confining an elder in an inhumane way
Denying medication, food, or necessary care
2. Emotional or Psychological Abuse
Verbal insults, threats, or intimidation
Isolation from family and friends
Manipulation or humiliation
3. Neglect
Failing to provide food, water, hygiene, or medical care
Leaving a vulnerable elder alone for extended periods
Unsanitary or unsafe living conditions
4. Financial Abuse
Stealing money, property, or assets
Coercing or deceiving an elder into changing a will or signing financial documents
Misusing powers of attorney
Who Can Be Charged with Elder Abuse?
Anyone who has custody, care, or contact with an elder or dependent adult can potentially be charged, including:
Family members
Nurses or caregivers
Medical professionals
Neighbors or friends
Strangers or scam artists
Even a facility or business can face civil or criminal liability if systemic abuse is discovered.
Misdemeanor vs. Felony Charges
Elder abuse under § 368 PC is a wobbler offense in California, meaning it can be charged as either a misdemeanor or a felony, depending on the circumstances.
Misdemeanor Elder Abuse
You may be charged with a misdemeanor if:
The abuse involved no serious bodily harm;
It was your first offense;
Or there are mitigating factors.
Penalties Include:
Up to 1 year in county jail
Fines up to $6,000
Probation, community service, and counseling
Protective orders prohibiting contact with the victim
Felony Elder Abuse
A felony charge may apply if:
The abuse led to great bodily injury or death;
There is a pattern of ongoing abuse;
The defendant acted with malice or intent to harm.
Penalties Include:
2 to 4 years in California state prison
3 to 7 additional years if the victim suffers great bodily injury
Up to $10,000 in fines
Formal probation or parole
Aggravating Factors That Affect Sentencing
Certain factors can increase the severity of penalties, including:
Prior criminal history
Abuse occurring over a long period
Multiple victims
Position of trust (e.g., a nurse or family caregiver)
Victim’s vulnerability (mental disability, immobility)
Judges also consider whether the abuse occurred in a licensed facility, which may result in harsher consequences and additional regulatory penalties.
Statute of Limitations for Elder Abuse in California
The statute of limitations depends on whether the offense is filed as a misdemeanor or felony:
Misdemeanor: 1 year from the date of the offense
Felony: 3 to 5 years, depending on the specific offense and whether great bodily harm occurred
For financial elder abuse, the time limit may be extended if the crime wasn’t discovered right away due to deception or fraud.
Mandatory Reporting Laws in California
Certain professionals are mandatory reporters under California’s elder abuse laws, including:
Medical professionals
Caregivers
Clergy
Law enforcement officers
Financial institution employees
These individuals must report suspected elder abuse to Adult Protective Services (APS) or local law enforcement within 24 to 48 hours, depending on the circumstances.
Failure to report suspected abuse can result in criminal charges and professional penalties.
Legal Defenses Against Elder Abuse Charges
Being accused of elder abuse is serious, but there are several legal defenses that can be raised depending on the facts:
1. Lack of Intent
You didn’t act willfully or with criminal negligence, which is required for a conviction.
2. False Accusation
The accusation may be based on a misunderstanding, mistake, or a motive (e.g., inheritance disputes).
3. Insufficient Evidence
There may be a lack of credible evidence to prove the abuse occurred beyond a reasonable doubt.
4. Victim’s Consent
In some financial or medical cases, the elder may have consented, and proper documentation exists.
5. Self-Defense
If the elder became aggressive or violent, you may have used reasonable force to protect yourself.
An experienced criminal defense attorney can investigate the case, challenge the evidence, and advocate for reduced or dismissed charges.
Conclusion
If you’re facing allegations of elder abuse under Penal Code § 368 PC in the context of a domestic dispute or family conflict, it’s essential to have a defense attorney who understands how these charges can intersect with domestic violence cases. These accusations can carry serious legal consequences and may also affect your family dynamics, living situation, and future rights.
At Southwest Legal, we focus on defending clients charged with domestic violence and are experienced in handling cases where elder abuse is alleged as part of a broader family or household issue. We’re committed to protecting your rights, confronting false or overstated claims, and guiding you through every step of the legal process. Reach out today to find out how we can help defend your freedom and reputation.
Common Search Questions Answered
What is the punishment for elder abuse in California?
Up to 7 years in prison for felony cases; 1 year in jail for misdemeanors.Is emotional abuse of the elderly a crime?
Yes. Verbal and psychological abuse are covered under § 368 PC.Can a caregiver be sued for elder abuse?
Yes, both criminal charges and civil lawsuits can be filed.How do I report elder abuse in California?
Contact APS, local police, or a nursing home ombudsman.Can elder abuse charges be dropped?
Yes, especially if evidence is lacking or if the accusations are unfounded, but only a judge or prosecutor can formally dismiss the case.
