PENAL CODE
§ 187
(Murder) |
- A human being was killed
- The killing was unlawful
- The killing was done with malice aforethought,
- Or as a major participant in the commission of one of specified felonies during which the killing occurred, with reckless indifference 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, anesthetic or controlled substance and this is known or reasonably should be known to person committing act
- Person unconscious of nature of the act and this is known to person committing act
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- 3, 6 or 8 years state prison
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PENAL CODE
§ 288(a), (b)(2), (c)(2)
(Lewd or Lascivious Acts) |
- Caretaker of a dependent person
- Willfully and lewdly commits any lewd or lascivious act upon the dependent person, with intent of arousing, appealing to or gratifying the lust, passions or sexual desires of the caretaker or the dependent person
- By use of force, violence, duress, menace or fear of immediate and unlawful bodily injury on the victim
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If no force, etc. used:
- Misdemeanor - one year county jail
- Felony - 1, 2 or 3 years state prison
If force, etc. used:
- Felony - 5, 8 or 10 years state prison
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PENAL CODE
§ 289
(Sexual Penetration) |
- Act of sexual penetration either:
- Against victim’s will by means of force, violence, duress, menace or fear of immediate and unlawful bodily injury, or
- 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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- 3, 6 or 8 years state prison
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PENAL CODE
§ 368(b)(1), (2), (3)
(Abuse of Elders and Dependent Adults - Likely to Produce Great Bodily Harm or Death)
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- Willfully cause or permit an elder or dependent adult to suffer, or inflict unjustifiable physical pain or mental suffering upon the elder or dependent adult
- Under circumstances or conditions likely to produce great bodily harm or death,
- With knowledge that he or she is an elder or dependent adult;
- Or having care or custody of an elder or dependent adult
- Willfully cause or permit the elder or dependent adult to be injured;
- Or having care or custody of an elder or dependent adult
- Willfully cause or permit the elder or dependent adult to be placed in a situation that endangers his or her health
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- Misdemeanor - one year county jail and/or $6,000 fine
- Felony - 2, 3 or 4 years state prison
If victim suffers great bodily injury, then additional state prison:
- 3 years if victim is under 70
- 5 years if victim is 70 or older
If defendant causes death of victim, then additional state prison:
- 5 years if victim is under 70
- 7 years if victim is 70 or older
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PENAL CODE
§ 368(c)
(Abuse of Elders and Dependent Adults - Not Likely to Produce Great Bodily Harm or Death) |
- Willfully cause or permit an elder or dependent adult to suffer, or inflict unjustifiable physical pain or mental suffering upon the elder or dependent adult
- Under circumstances or conditions not likely to produce great bodily harm or death,
- With knowledge that he or she is an elder or dependent adult;
- Or having care or custody of an elder or dependent adult
- Willfully cause or permit the elder or dependent adult to be injured;
- Or having care or custody of an elder or dependent adult
- Willfully cause or permit the elder or dependent adult to be placed in a situation that endangers his or her health
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- Misdemeanor - six months county jail and/or $1,000 fine
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PENAL CODE
§ 368(d)
(Financial Abuse of Elders and Dependent Adults - Non-Caretaker)
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- Theft, embezzlement, forgery, fraud or identity theft 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
- By person not a caretaker of the elder or dependent adult
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When amount or value of property taken is $950 or less:
- Misdemeanor - one year county jail and/or $1,000 fine
When amount or value of property taken exceeds $950:
- Misdemeanor - one year county jail and/or $2,500 fine
- Felony - 2, 3 or 4 years in county jail and/or $10,000 fine
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PENAL CODE
§ 368(e)
(Financial Abuse of Elders and Dependent Adults - Caretaker) |
- Theft, embezzlement, forgery, fraud or identity theft with respect to property or personal identifying information of an elder or dependent adult
- By a caretaker of the elder or dependent adult
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When amount or value of property taken is $950 or less:
- Misdemeanor - one year county jail and/or $1,000 fine
When amount or value of property taken exceeds $950:
- Misdemeanor - one year county jail and/or $2,500 fine
- Felony - 2, 3 or 4 years in county jail and/or $10,000 fine
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PENAL CODE
§ 422
(Criminal Threats) |
- Willfully threaten to commit a crime which
- Will result in death or great bodily injury to another
- With specific intent that the statement be taken as a threat
- Causing person reasonably to be in sustained fear for his or her own safety or immediate family’s safety
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- Misdemeanor - one year county jail
- Felony - 16 months, 2 or 3 years state prison
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HEALTH & SAFETY CODE § 1290(c)
(Long-Term Health Care Facility Violations) |
- Willfully or repeatedly violate Health & Safety Code provisions or regulations governing operation of long-term health care facilities
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- Misdemeanor - 180 days county jail and/or $2,500 fine
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WELFARE & INSTITUTIONS CODE
§ 15630
(Mandated Reporters of Abuse) |
- Having care or custody of an elder or dependent adult
- Fail to report known or suspected incidents of any of the following abuse of elder or dependent adults:
- Physical
- Abandonment
- Abduction
- Isolation
- Financial
- Neglect
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