| Code Section |
Description |
Penalty |
PENAL CODE § 187
(Murder) |
- A human being was killed
- The killing was unlawful
- The killing was done with malice aforethought or occurred during the commission of a felony inherently dangerous to human life
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- Death
- Life Without Possibility of Parole
- 25 Years to Life
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PENAL CODE § 261
(Rape) |
- Act of sexual intercourse (with person not spouse) under any of the following circumstances:
- Person is incapable, because of mental disorder or developmental or physical disability, of giving legal consent and this is known or reasonably should be known to person committing act
- Accomplished against person's will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury
- Person prevented from resisting by intoxicating or anesthetic substance
- Person unconscious of nature of the act and this is known to accused
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- State prison 3, 6 or 8 Years
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PENAL CODE
§ 288(a);(b)(2);(c)(2)
(Lewd or Lascivious Acts) |
- A person willfully and lewdly commits any lewd or lascivious act, with intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person...
- Person is a caretaker and commits act upon dependent person by use of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim
- Person is a caretaker and commits act upon dependent person is guilty of a public offense
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- Felony - state prison 5, 8 or 10 years and $10,000 fine; State prison 1, 2 or 3 years or 1 year county jail
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PENAL CODE § 289
(Sexual Penetration) |
- A person commits an act of sexual penetration
- Against victim's will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury
- Victim is incapable, because of mental disorder or developmental or physical disability, of giving consent
- And this is known or reasonably should be known to person committing act
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- State prison 3, 6 or 8 years
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PENAL CODE
§ 368(b)(1)(2)(3)
(Causes or permits infliction of physical pain or mental suffering on elder or dependent adult under circumstances or conditions likely to produce great bodily harm or death)
|
- A person, under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits an elder or dependent adult to suffer
- With knowledge that he or she is an elder or dependent adult
- Unjustifiable physical pain or mental suffering
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- One year county jail and $6,000 fine or state prison two, three, or four years
- If victim suffers great bodily injury - then additional state prison:
- 3 years if victim under 70 years
- 5 years if victim 70 years or older
- If defendant causes death of victim - then additional state prison:
- 5 years if victim under 70 years
- 7 years if victim 70 years or older
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PENAL CODE § 368(c)
(Causes or permits infliction of physical pain or mental suffering on elder or dependent adult under circumstances or conditions not likely to produce great bodily harm or death) |
- A person, under circumstances or conditions other than those likely to produce great bodily harm or death, willfully causes or permits an elder or dependent adult to suffer
- With knowledge that he or she is an elder or dependent adult
- Unjustifiable physical pain or mental suffering
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PENAL CODE § 368(d)
(Violates provision of law proscribing theft or embezzlement - not a caretaker)
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- A person, not a caretaker violates provision of law proscribing theft or embezzlement with respect to property or personal identifying information of an elder or dependent adult
- With knowledge that he or she is an elder or dependent adult
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- When value of property taken exceeds $950:
- One year county jail and $1,000 fine or state prison 2, 3 or 4 years
- When value of property taken does not exceed $950:
- One year county jail and $1,000 fine
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PENAL CODE § 368(e)
(Violates provision of law proscribing theft or embezzlement - caretaker) |
- A caretaker violates provision of law proscribing theft or embezzlement with respect to property of an elder or dependent adult
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- When value of property taken exceeds $950:
- Misdemeanor or felony: One year county jail and $1,000 fine or state prison 2, 3, or 4 years
- When value of property taken does not exceed $950:
- One year county jail and $1,000 fine
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PENAL CODE § 422
(Elements of Offense - Willfully threatens to commit a crime which will result in death or great bodily injury) |
- A person willfully threatens to commit a crime which
- Will result in death or great bodily injury to another
- With specific intent that the statement ... is to be taken as a threat
- Causes person reasonably to be in sustained fear for his or her own safety or for his or her immediate family's safety
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- County jail not to exceed one year or state prison
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HEALTH & SAFETY CODE §
1290(c)(Violations, Penalties Relating to Operation or Maintenance of Long-Term Healthcare Facilities)
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- Willfully or repeatedly violating chapter or rule or regulation adopted under chapter relating to operation or maintenance of long-term health care facility
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- Misdemeanor - $2,500 fine and 180 days county jail
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WELFARE & INSTITUTIONS CODE
§ 15630
(Mandated Reporters of Abuse) |
- Defines mandated reporters
- Known or suspected abuse of elder or dependent adult:
- Physical
- Abandonment
- Abduction
- Isolation
- Financial
- Neglect
- Reporting requirements
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- Failure to report - misdemeanor:
- Six months county jail and $1,000 fine
- Failure to report - felony - where abuse results in death or great bodily injury:
- One year county jail and $5,000 fine
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