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Can you summarize Pen Code CACL 368?
Crimes Against Elders, Dependent Adults, and Persons with Disabilities [368. - 368.7.] >
Short Summary
This section of the California Penal Code provides special consideration and protection for elders, adults with physical or mental disabilities or limitations, and adults admitted as inpatients to a 24-hour health facility. It outlines the penalties for individuals who knowingly cause harm, physical pain, or mental suffering to an elder or dependent adult, or place them in a situation endangering their person or health. The penalties include imprisonment in a county jail, fines, or imprisonment in the state prison for varying durations depending on the severity of the offense. The section also addresses theft, embezzlement, forgery, fraud, and identity theft committed against elders or dependent adults, imposing fines and imprisonment based on the value of the property or personal identifying information involved. False imprisonment of an elder or dependent adult is also addressed, carrying imprisonment terms. The section defines key terms such as ’elder,’ ‘dependent adult,’ and ‘caretaker,’ and allows for counseling as a condition of probation. It also permits the court to issue restraining orders against the defendant and provides guidelines for their duration. This section does not preclude prosecution under other relevant laws.
Whom does it apply to?
Elders, adults with physical or mental disabilities or limitations, adults admitted as inpatients to a 24-hour health facility
What does it govern?
Crimes Against Elders, Dependent Adults, and Persons with Disabilities
What are exemptions?
No exemptions are mentioned.
What are the Penalties?
Imprisonment in a county jail not exceeding one year, or a fine not to exceed six thousand dollars ($6,000), or both for certain offenses. Additional terms of imprisonment in the state prison for offenses resulting in great bodily injury or death.
Jurisdiction
California