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Elder abuse is a growing concern in California and across the nation. To protect vulnerable seniors, the state has enacted strict laws—most notably California Penal Code 368—designed to punish and prevent the abuse or neglect of older adults. Whether the mistreatment occurs in a nursing home, private residence, or medical facility, this statute ensures that perpetrators face serious consequences.
In this guide, we break down everything you need to know about Penal Code 368, including who it protects, the types of abuse it addresses, legal penalties for violators, and examples of real-world applications. If you suspect a loved one has suffered harm, understanding this law is the first step in pursuing justice.
What Is California Penal Code 368?
California Penal Code 368 is a criminal statute that addresses the abuse, neglect, or endangerment of elderly and dependent adults. The law is specifically designed to provide additional protections to individuals who may be physically or mentally vulnerable, particularly those aged 65 or older.
The statute covers a range of harmful acts, including:
- Physical abuse or assault
- Emotional or psychological abuse
- Caregiver neglect or abandonment
- Endangerment due to unsafe living conditions
What makes Penal Code 368 distinct is that it does not only apply to caregivers or family members. Any individual—whether a healthcare provider, nursing home staff member, or even a stranger—can be prosecuted under this statute if they knowingly cause harm to an elderly or dependent adult.
Who Is Protected Under Penal Code 368?
California Penal Code 368 protects two key groups:
- Elderly adults: Individuals who are 65 years of age or older.
- Dependent adults: Persons aged 18 to 64 who have physical or mental limitations that restrict their ability to carry out normal daily activities or protect themselves from harm.
These individuals are often more susceptible to abuse and neglect due to age-related conditions, disabilities, cognitive decline, or dependency on others for care.
Types of Abuse Covered by Penal Code 368
California Penal Code 368 defines elder abuse broadly to encompass a variety of harmful behaviors. Below are the most common forms of abuse covered under the statute:
1. Physical Abuse
This includes any use of force that results in bodily injury or pain, such as hitting, slapping, restraining, or unnecessary physical punishment.
Example: A nursing home staff member repeatedly strikes a resident during bathing routines.
2. Neglect
Neglect occurs when a caregiver fails to provide essential needs like food, water, hygiene, medication, or medical treatment.
Example: A home caregiver ignores a bedridden senior’s hygiene and nutritional needs, leading to bedsores and malnourishment.
3. Emotional or Psychological Abuse
This includes verbal assaults, threats, humiliation, and isolation.
Example: A relative constantly belittles an elderly family member and prevents them from seeing friends or using the phone.
4. Financial Exploitation
This involves the unauthorized or improper use of an elder’s financial resources.
Example: A neighbor tricks an elderly person with dementia into signing over control of their bank account.
*Note: Peck Law Corporation does not help with any cases related to or involving financial abuse.
5. Endangerment
Placing an elder in a situation likely to cause serious harm or death also violates Penal Code 368.
Example: A caregiver leaves a senior with Alzheimer’s alone at home for several days without food or supervision.
Legal Penalties Under California Penal Code 368
The penalties for violating Penal Code 368 vary based on the severity of the abuse and the victim’s level of harm. Offenses may be charged as either a misdemeanor or a felony, depending on the circumstances.
Misdemeanor Elder Abuse
- Up to 1 year in county jail
- Fines up to $6,000
- Possible probation and mandatory counseling
Felony Elder Abuse
- 2 to 4 years in state prison
- Additional 3 to 7 years if the abuse causes great bodily injury or death
- Fines up to $10,000
- Restitution to the victim
- Possible strike under California’s Three Strikes Law
Felony charges are often brought when the abuse results in serious injury or is considered willful and malicious.
Legal Help for Elder Abuse Victims in Southern California
At Peck Law Corporation, we understand how devastating elder abuse can be—for both the victim and their family. Located in Simi Valley, our firm has decades of experience handling elder abuse and nursing home abuse/neglect cases throughout Southern California. We’re deeply familiar with California Penal Code 368 and how to navigate the complexities of criminal and civil proceedings to hold abusers accountable.
Whether you're pursuing justice through the courts or seeking compensation for a loved one's suffering, we offer compassionate, experienced legal guidance every step of the way.
Contact Peck Law Corporation for a Free Consultation
If you believe that a loved one has been a victim of elder abuse under California Penal Code 368, don’t wait. Contact Peck Law Corporation today for a free, confidential consultation. We’re here to protect your family’s rights, ensure accountability, and pursue the justice your loved one deserves.
Frequently Asked Questions
Is elder abuse a felony in California?
Yes, depending on severity and intent.
What are the penalties for felony elder abuse in California?
2–4 years in state prison plus fines.
What are the penalties for misdemeanor elder abuse in California?
Up to 1 year in jail and fines.
What is considered elder abuse under California law?
Elder abuse in California includes physical abuse, emotional abuse, financial exploitation, neglect, abandonment, and isolation of anyone aged 65 or older. These actions result in harm, pain, or mental suffering to the elderly person.
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