California Penal Code 368 PC

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California Penal Code 368 PC was put in place to protect senior citizens from elder abuse. The idea behind this penal code is that elder abuse falls under its own type of category. Elders are often dependent on other adults for assistance and this leaves them in a vulnerable state. Sometimes people see this as an opportunity to take advantage of the elders in financial, emotional, and even physical ways. The first few sections of the penal code are as follows:

“(a) The Legislature finds and declares that crimes against elders and dependent adults are deserving of special consideration and protection, not unlike the special protections provided for minor children, because elders and dependent adults may be confused, on various medications, mentally or physically impaired, or incompetent, and therefore less able to protect themselves, to understand or report criminal conduct, or to testify in court proceedings on their own behalf. (b) (1) Any 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, willfully causes or permits any elder or dependent adult to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any elder or dependent adult, willfully causes or permits the person or health of the elder or dependent adult to be injured, or willfully causes or permits the elder or dependent adult to be placed in a situation in which his or her person or health is endangered, is punishable by imprisonment in a county jail not exceeding one year, or by a fine not to exceed six thousand dollars ($6,000), or by both that fine and imprisonment, or by imprisonment in the state prison for two, three, or four years. (2) If in the commission of an offense described in paragraph (1), the victim suffers great bodily injury, as defined in Section 12022.7, the defendant shall receive an additional term in the state prison as follows: (A) Three years if the victim is under 70 years of age. (B) Five years if the victim is 70 years of age or older. (3) If in the commission of an offense described in paragraph (1), the defendant proximately causes the death of the victim, the defendant shall receive an additional term in the state prison as follows: (A) Five years if the victim is under 70 years of age. (B) Seven years if the victim is 70 years of age or older. (c) Any person who knows or reasonably should know that a person is an elder or dependent adult and who, under circumstances or conditions other than those likely to produce great bodily harm or death, willfully causes or permits any elder or dependent adult to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any elder or dependent adult, willfully causes or permits the person or health of the elder or dependent adult to be injured or willfully causes or permits the elder or dependent adult to be placed in a situation in which his or her person or health may be endangered, is guilty of a misdemeanor. A second or subsequent violation of this subdivision is punishable by a fine not to exceed two thousand dollars ($2,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment.”

             Source: http://www.leginfo.ca.gov

Find an Attorney for California Penal Code 368 PC Violation

The purpose behind California Penal Code 368 PC  is very clear; protecting people from elder abuse. No one should have to live in fear that their caretaker is going to harm them. If you or someone you know has been the victim of elder abuse, you need to find legal help. RepresentYou has a panel of elder abuse attorneys who are very familiar with California Penal Code 368 PC and may be able to fight for the rights of the victim. Lawyers here at RepresentYou are held to extremely high standards to ensure that we offer only the best, most experienced elder abuse attorneys. Do not hesitate, contact RepresentYou now.

California Penal Code 368 PC
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