California Penal Code Section 368
This protective order may be issued by the court whether the defendant is sentenced to state prison or county jail or if imposition of sentence is suspended and the defendant is placed on probation.
California penal code section 368. California penal code section 368. F upon an elder in violation of section 368 of this code or section 15656 of the welfare and institutions code. 10 california penal code section 368 is a wobbler meaning that the prosecution has the discretion to charge it as a felony or a misdemeanor depending upon the facts and allegations in the case.
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. The section applies to the physical or emotional abuse neglect or financial exploitation of anyone 65 years of age or older. California penal code section 368.
Effective january 1 1998. Elder abuse can involve physical or emotional abuse directed towards the elderly neglect or financial exploitation. 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.
G upon a child as described in section 647 6 or 11165 6. By a caretaker of the elder or dependent adult. Under california penal code section 368 pc the crime of elder abuse can involve a variety of criminal behavior that is targeted at people who are 65 years old or older.
Elder abuse can be charged as a misdemeanor or a felony and can carry up to 4 years of jail or prison. A the legislature finds and declares that crimes againstelders and dependent adults are deserving of special considerationand protection not unlike the special protections provided for minorchildren because elders and dependent adults may be confused onvarious medications mentally or physically impaired or incompetent and therefore less able to protect themselves to understand orreport criminal conduct. Read this complete california code penal code pen 368 on westlaw.
Penal code 368 pc is the california statute that makes elder abuse a crime.