Up With People Legal

These are Current California Penal Codes:

In these next paragraphs, we will discuss the Current Penal Code for California pertaining to Elder Financial Abuse.

Opening this section with an interesting thing; there's more protection for Children than Elderly Persons. The entry into Penal Code 368. (a) states,"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...". This leads me to question why so many different non-Penal Codes, and mixed in with Welfare & Institution Codes? When I asked a Police Officer why a report wasn't done for a specific situation, the answer I received was not what I thought I should hear; "We don't fill those reports out; Adult Protective Services (APS) does that." Yet on the form Specific Form SOC 341 or SOC 342, it includes a box for Law Enforcement Officers, and in the instructions on pages 3 to 5 also indicate that APS and Police are equal when reporting on Financial Elder Abuse. Just bringing out possibility of confusion regarding the forms.

Taking a closer look while counting all of the different code divisions for Children in our California in the "TITLE OF THE ACT THE PENAL CODE OF CALIFORNIA PRELIMINARY PROVISIONS", found was a total of Eight (8) separate divisions of Penal Code for Protection of Children. Then a closer look at Elderly & Disabled Penal Codes and found only Two (2) separate sections written in-between other sections. The Elderly need more protections as written in the Current California Penal Code §368(a). We must do better than this.

As research began, the realization of law shows minimal protections in Penal Code 368. Only needed is the I feel that more specialty divisions, as I agree with statements of Prosecutor Page Ulrey, and the writings in the White Papers of the Professionals. The biggest thing is detailed reports to be filed, then investigated of Financial Elderly Abuse Without clear precision in law, many reports aren't filed.

The Financial Areas of California Penal Code §368(b)(d)(1):

CPC §368(b)(d)(1):

This one paragraph noted in California Penal Code §368(b)(d)(1) has a broad spectrum of law suggesting a separated; being more defined set of laws could bring more protections. Below are some examples where this code could use the divisions. Here's one example of Penal Code change, noted in the new section being suggested in Barbie's Law & 65-Too Law with the Elder Financial Penal Code (EFPC), dividing up WIC & Penal Code makes sense, as broad spectrum laws precision and protection under those laws could be more defined.

Penal Code 368 (a)(b)"(b) (1) Any person who knows or reasonably should know that a person is an elder or dependent adult and who, under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits any elder or dependent adult to suffer, or inflicts thereon unjustifiable physical pain or mental suffering...", the first problem is the way it's written, it gives a choice of "Physical or Mental Suffering"-there's no "And/or" portion written.

...Continuing in Penal Code 368 (b)(1) " or willfully causes or permits the elder or dependent adult to be placed in a situation in which his or her person or health is endangered..." Because there's only this one paragraph for Elder Financial Abuse where the 368 demonstrates issues already within this code. Taking a chance in law like this leaves any Elderly and/or Disabled Person at risk. Financial Abuse must be noted as criminal issue for any report. Although it's written, there's no definite direction, and that leaves lots of "Gray Areas" that aren't detailed enough

Next, what type of 'Mental Abuse' or 'Physical Abuse' and what are the 'Symptoms of the Victim' - this is where definition needs to be for the simple reason that each symptom is independent of another; leading to punishment of the Abuser.

CA PENAL CODE §368

PART 1. OF CRIMES AND PUNISHMENTS [25 - 680]

TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.5] CHAPTER 13. Crimes Against Elders, Dependent Adults, and Persons with Disabilities [368 - 368.7]

California Penal Code (CPC) §368.

(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 their own behalf.

(b) (1) Any person who knows or reasonably should know that a person is an elder or dependent adult and who, under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits any elder or dependent adult to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any elder or dependent adult, willfully causes or permits the person or health of the elder or dependent adult to be injured, or willfully causes or permits the elder or dependent adult to be placed in a situation in which his or her person or health is endangered, is punishable by imprisonment in a county jail not exceeding one year, or by a fine not to exceed six thousand dollars ($6,000), or by both that fine and imprisonment, or by imprisonment in the state prison for two, three, or four years.

(2) If, in the commission of an offense described in paragraph (1), the victim suffers great bodily injury, as defined in Section 12022.7, the defendant shall receive an additional term in the state prison as follows:

(A) Three years if the victim is under 70 years of age.

(B) Five years if the victim is 70 years of age or older.

(3) If, in the commission of an offense described in paragraph (1), the defendant proximately causes the death of the victim, the defendant shall receive an additional term in the state prison as follows:

(A) Five years if the victim is under 70 years of age.

(B) Seven years if the victim is 70 years of age or older.

(c) Any person who knows or reasonably should know that a person is an elder or dependent adult and who, under circumstances or conditions other than those likely to produce great bodily harm or death, willfully causes or permits any elder or dependent adult to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any elder or dependent adult, willfully causes or permits the person or health of the elder or dependent adult to be injured or willfully causes or permits the elder or dependent adult to be placed in a situation in which his or her person or health may be endangered, is guilty of a misdemeanor. A second or subsequent violation of this subdivision is punishable by a fine not to exceed two thousand dollars ($2,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment.

(d) Any person who is not a caretaker who violates any provision of law proscribing theft, embezzlement, forgery, or fraud, or who violates Section 530.5 proscribing identity theft, with respect to the property or personal identifying information of an elder or a dependent adult, and who knows or reasonably should know that the victim is an elder or a dependent adult, is punishable as follows:

(1) By a fine not exceeding two thousand five hundred dollars ($2,500), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, or by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years, or by both that fine and imprisonment, when the moneys, labor, goods, services, or real or personal property taken or obtained is of a value exceeding nine hundred fifty dollars ($950).

(2) By a fine not exceeding one thousand dollars ($1,000), by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, when the moneys, labor, goods, services, or real or personal property taken or obtained is of a value not exceeding nine hundred fifty dollars ($950).

(e) Any caretaker of an elder or a dependent adult who violates any provision of law proscribing theft, embezzlement, forgery, or fraud, or who violates Section 530.5 proscribing identity theft, with respect to the property or personal identifying information of that elder or dependent adult, is punishable as follows:

(f) Any person who commits the false imprisonment of an elder or a dependent adult by the use of violence, menace, fraud, or deceit is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years.

(g) As used in this section, “elder” means any person who is 65 years of age or older.

(h) As used in this section, “dependent adult” means any person who is between the ages of 18 and 64, who has physical or mental limitations which restrict his or her ability to carry out normal activities or to protect his or her rights, including, but not limited to, persons who have physical or developmental disabilities or whose physical or mental abilities have diminished because of age. “Dependent adult” includes any person between the ages of 18 and 64 who is admitted as an inpatient to a 24-hour health facility, as defined in Sections 1250, 1250.2, and 1250.3 of the Health and Safety Code.

(i) As used in this section, “caretaker” means any person who has the care, custody, or control of, or who stands in a position of trust with, an elder or a dependent adult.

(j) Nothing in this section shall preclude prosecution under both this section and Section 187 or 12022.7 or any other provision of law. However, a person shall not receive an additional term of imprisonment under both paragraphs (2) and (3) of subdivision (b) for any single offense, nor shall a person receive an additional term of imprisonment under both Section 12022.7 and paragraph (2) or (3) of subdivision (b) for any single offense.

(k) In any case in which a person is convicted of violating these provisions, the court may require him or her to receive appropriate counseling as a condition of probation. Any defendant ordered to be placed in a counseling program shall be responsible for paying the expense of his or her participation in the counseling program as determined by the court. The court shall take into consideration the ability of the defendant to pay, and no defendant shall be denied probation because of his or her inability to pay.

(l) Upon conviction for a violation of subdivision (b), (c), (d), (e), or (f), the sentencing court shall also consider issuing an order restraining the defendant from any contact with the victim, which may be valid for up to 10 years, as determined by the court. It is the intent of the Legislature that the length of any restraining order be based upon the seriousness of the facts before the court, the probability of future violations, and the safety of the victim and his or her immediate family. 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.

(Amended by Stats. 2015, Ch. 279, Sec. 2. (SB 352) Effective January 1, 2016.)

What is Personal Elder Financial Abuse - PEFA?

Someone either the Elderly/65-Too Person trusts, like maybe a family member, or maybe they're friends with, maybe has never seen before, or possibly an acquaintance. This is written in Barbie's Law & 65-Too Law for additional & more organized code & Law for Personal Elderly Financial Abuse (PEFA).

What Up With People Legal has done is provided the in-between protections we need for the Elderly. There's Welfare & Institutions Code, plus California Penal Code CPC §368(b)(1) and others noting crimes & punishment of the Elderly. But has anyone really got in and read some of these codes? We have at UWPL, and Children have more protections in laws in California than the Elderly. Even though the Legislature indicates that the Elderly is equal and even more Vulnerable than Children, the Codes written in California Laws don't reflect every protection regarding Financial Elder Abuse.

By the time all of the different divisions of law are calculated, anyone could get lost in-between the lines of the laws. With our Barbie's Law & 65-Too Law, we hope to brighten the day of all Elderly and Disabled Persons here in California with Laws that do better for them. The numbers of Financial Elderly Abuse Reports are not good. We found that Assembly Member Ash Kalra made a very important statement to all Elderly/65-Too Persons, please click below this information:

"Fewer than 1 in 25 Reports of Financial Elder Abuse Reports ..." see more here

Assembly Member Ash Kalra reports this on June 21, 2018; in a video speaking about June now being "Elder Abuse Awareness Month".

Many different California Codes have in place protections for the Elderly and the Disabled, yet trying to decipher what code goes where...and is it a Civil Matter or a Penal Code? These are the issues that Up With People Legal bring to the people and Legislature of California.

What is 65-Too?

Elderly & Disabled. Keeping in mind that when we say Elderly that means anyone 65-or Older, or that Qualifies as an Aging Adult Services Disability Level. Those whom are on Social Security Disability earlier in life have the same qualifications as an Elderly Person. To keep it organized, we call it the 65-Too Person Category because although we have persons of the age group 65 & Older, there's still more - Too - that's why we call it the 65-Too Law - because it's not only Persons 65 & Older, it's also Qualified Disability Person, Too.

Penal Code § 484.

PENAL CODE - PEN PART 1. OF CRIMES AND PUNISHMENTS [25 - 680]
TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] CHAPTER 5. Larceny [484 - 502.9]

(a) Every person who shall feloniously steal, take, carry, lead, or drive away the personal property of another...

Law Review for new Elder Financial Penal Code (EFPC)

Although the writing in this Penal Code 484 is stated a 'Felony to Steal', no mention of Elderly/65-Too Persons is written in for protecting them. With Barbie's Law & 65-Too, we're reviewing everything pertaining to anything financial, elder, and all laws in California. Further indicating that any Financial Crimes against Elderly & 65-Too Persons - these laws are being broken down to see where issues are; then suggesting more protections.

Here's the California Legislature Link here to see the law written out: Penal Code 484

Learn More About Elder Financial Penal Code

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This is California Penal Codes

Discussion: The Needed Divisions of Penal Code for the Elderly & Disabled

Law & Codes Review for Elderly, Disabled & Aging Adults