The Crime of Elder Abuse Under California Law

One of the most pervasive and troubling forms of elder abuse takes place in nursing homes and other types of skilled nursing facility. Nursing home abuse occurs all over the country – and beyond. California has more nursing home residents than any other state. Every single one of those individuals is potentially at risk of experiencing elder abuse at the hands of their caregivers. California law deals with and mitigates this risk in a number of ways. But what exactly is nursing home abuse? And how are perpetrators dealt with under the law?

The term ‘nursing home abuse’ refers to the mistreatment, exploitation, or neglect of individuals residing in skilled nursing facilities. It can take many forms, including physical or emotional abuse, financial exploitation, and abandonment. Whether such abuse is classified as a felony depends on the specific details of the case and the laws of the jurisdiction. In California, laws have been enacted to specifically address the pervasive problem of elder abuse in nursing homes.

California Penal Code Section 368 targets crimes committed against elderly and dependent adults. It establishes that physical abuse, neglect, financial exploitation, or endangerment of an elderly or dependent adult is a criminal offense.

In California, whether or not elder abuse is charged as a felony depends on several factors such as the nature and severity of the abuse. Elements that could elevate charges to felony status include:

• Severe Physical Abuse: Inflicting serious bodily harm or injuries on an elderly resident may lead to felony charges. This can include physical assault, battery, or any form of violence that results in significant harm.
• Endangerment: If an elderly individual is placed in a situation that puts their health or safety at significant risk, felony charges may apply. This could involve actions that create substantial risk of harm, either physical or emotional.
• Financial Exploitation: If a caregiver or staff member engages in financial abuse—such as stealing money, forging signatures, or manipulating an elderly resident for personal financial gain—they may face felony charges.

Nursing home abuse is often uncovered through reports from concerned family members, other residents, or facility staff. Following such a report, law enforcement or Adult Protective Services may launch an investigation. If evidence of abuse is found, criminal charges could follow.

Violations & Penalties for Elder Abuse

Those convicted of felony elder abuse in California may face severe legal penalties, including imprisonment, fines, restitution to the victim, and other consequences. The exact penalties depend on factors such as the severity of the abuse, the perpetrator’s criminal history, and any aggravating circumstances.

Elder abuse violations are outlined in sections b, c, d, and e of Penal Code 368.

Section b addresses elder abuse that causes or allows mental suffering or physical pain. It prohibits individuals (and care facilities)  from permitting conditions that could lead to serious bodily harm or death.

Penalties for this offense range from two to four years in prison, or up to one year in jail with a $6,000 fine. If the victim is over 70 years old, the sentence can increase to five years. If the abuse results in death, the perpetrator faces up to seven years in state prison.

Section c covers situations where the abuse results in injuries that are not likely to cause serious bodily harm or death, classifying these offenses as misdemeanors.

Sections d and e address financial crimes, such as theft. Whether the perpetrator is a caregiver or a third party, they may face two to four years in prison or up to one year in county jail with a $1,000 fine for theft involving property valued at less than $950. If the stolen amount exceeds $950, the case may be charged as either a misdemeanor or a felony, with potential prison time or up to a year in county jail.

Aside from criminal charges, victims of nursing home abuse or their families may pursue a civil lawsuit against the facility. By doing so, they can seek compensation for medical expenses, pain and suffering, and other damages resulting from the abuse.

Nursing home abuse can indeed lead to felony charges, particularly when it involves serious harm, financial exploitation, or endangerment of vulnerable elderly adults. It is vital for family members and loved ones to stay vigilant, report signs of abuse as soon as possible, and seek both criminal and civil remedies to hold offenders accountable and protect the well-being of individuals in nursing homes and assisted living facilities.

If you suspect your loved one has been a victim of nursing home abuse in California, reach out to an elder abuse lawyer for guidance.