Nevada "Elder Abuse, Neglect, Exploitation & Isolation" Laws
(NRS 200.5099)
(Explained by Las Vegas Criminal Defense Attorneys)

It is a crime in Nevada to abuse, neglect, financially exploit, abandon or isolate the elderly. Certainly it is illegal to harm people of any age, but Nevada law carries harsher penalties for targeting "older persons." 

NRS 200.5092 reads: “Older person means a person who is 60 years of age or older."

Caretakers and family members are often wrongfully accused of abusing elderly people in Nevada. These false allegations may stem from simple misunderstandings, innocent accidents or legitimate self-defense. But a conviction carries devastating penalties and mars the accuseds' records, causing prospective employers not to consider them for jobs.

Examples

Common scenarios of elder abuse, neglect, exploitation, abandonment or isolation allegations include:

  • A person beating his/her elderly parent for being too much of a burden
  • A nursing-home worker withholding food from an elderly resident as punishment for acting out
  • A scammer trying to bilk money out of a person too elderly to understand what he/she is agreeing to

Penalties

A first-time conviction of elder abuse, neglect, or isolation is a gross misdemeanor in Nevada as long as there is no substantial bodily harm in Nevada or substantial mental harm to the alleged elderly victim. The punishment includes:

But subsequent cases of elder abuse, neglect or isolation, or cases involving injuries, are charged as a category B felony in Nevada. Penalties include several years in Nevada State Prison and thousands in fines, depending on the case.

Meanwhile, penalties for elder exploitation turn on the amount of money the alleged elderly victim lost.

Legal Defenses

There are various ways to fight Nevada elder abuse, neglect, exploitation, abandonment or isolation charges. Common defenses are:

  • the alleged elderly victim fabricated the accusations and possibly self-inflicted his/her injuries
  • the accused acted in accordance with Nevada self-defense laws
  • the alleged elderly victim's injuries resulted from an honest accident

And if the cops conducted an unlawful search and seizure in Nevada, the court has the authority "suppress" any incriminating evidence they unearthed from the illegal search. This in turn may leave the D.A. with too little evidence to sustain a guilty verdict beyond a reasonable doubt.

Below our Las Vegas criminal defense attorneys answer frequently-asked-questions about the Nevada crimes of elder abuse, neglect, exploitation, abandonment and isolation. Click on a topic below to go directly to that section.

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Nevada elder abuse laws applies when the alleged victim is age 60 or older.

1. Legal definition of "elder abuse, neglect, exploitation, abandonment and isolation" in Nevada

How old are victims of elder abuse in Nevada? In order for someone to be convicted of crimes against elderly people, the alleged victim must be at least sixty (60) years old. The legal definition of abuse, neglect, exploitation, abandonment or isolation of older persons in Nevada are discussed below:

1.1 Legal definition of "elder abuse" in Nevada 

Elder abuse in Nevada is the willful and unjustified infliction of pain, injury or mental anguish, or the deprivation of food, shelter, clothing or services which are necessary to maintain physical or mental health. Therefore it is a broad offense which encompasses any behavior that can cause physical or mental harm to a person aged 60 or older.

Note that if the accused and alleged elderly victim are relatives, roommates, married, or (ex-)dating partners, the accused may face an additional charge of the Nevada crime of battery domestic violence.

1.2 Legal definition of "elder neglect" in Nevada

Elder neglect in Nevada is when a person with legal or contractual obligations to care for the older person fails to do so. North Las Vegas criminal defense attorney Neil Shouse gives an example:

Example: Tom hires Angela to care for his sick father while he is at work. Angela's job is to feed, bathe, and tend to his needs. Instead, Angela just sits in the living room away from the father all day and never changes his diaper until right before Tom gets home. Since Tom's dad is unable to speak or communicate, Tom never finds out what is happening. But Angela could be arrested and booked at the Henderson Detention Center for elder neglect for not living up to her contractual obligation to care for Tom's dad.

Note that it does not matter if Tom's dad in the above example does not sustain serious injuries from Angela's neglect. Neglectful behavior in itself is sufficient to invite criminal liability.

1.3 Legal definition of "elder isolation" in Nevada

Elder isolation in Nevada is when a person willfully, maliciously and intentionally prevents the alleged elderly victim from having contact with another person. This typically occurs with alleged elderly victims who are unable to walk or otherwise have limited mobility.

1.4 Legal definition of "elder exploitation" in Nevada

Elder exploitation in Nevada is when someone who has the victim's trust or power of attorney deceptively obtains control of their assets or deprives them of their assets. This often involves having the elderly person change their will, transfer deeds or sign over their bank accounts.

1.5 Legal definition of "elder abandonment" in Nevada

Elder abandonment involves caretakers or other people with legal duties of care or obligations to provide service. Abandonment occur when these people deserting the elderly in an unsafe manner or withdrawing necessary assistance that the elderly are owed. An example would be a frustrated caretaker leaving an elderly person who cannot talk or communicate alone in the woods with no way for him/her get home.1


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Self-defense is a defense to Nevada elder abuse allegations.

2. Legal defenses to charges of "elder abuse, neglect, exploitation, abandonment and isolation" in Nevada

Elder abuse, neglect, isolation, abandonment and exploitation in Nevada cover an enormous array of behaviors and is often very ambiguous. The following are just some of the defenses an attorney may explore using when fighting these charges:

2.1 What if the "victim" falsely accused me of elder abuse, neglect, exploitation, abandonment or isolation in Nevada?

People make untrue allegations all the time out of anger or revenge. But if the state fails to produce sufficient evidence to demonstrate elder abuse beyond a reasonable doubt, then a conviction cannot stand. Henderson criminal defense attorney Michael Becker gives an example:

Example: Myra takes care of her elderly mother Mona in North Las Vegas. Mona is upset that Myra will not let her smoke cigarettes. So one day when Myra is out, Mona takes a razor and cuts herself all over her limbs. Then she calls 911 and claims that Myra attacked her. The North Las Vegas police then arrest Myra and book her at the North Las Vegas Detention Center for elder abuse. But Myra's criminal defense attorney hires a medical expert that determines Mona's wounds were self-inflicted. This convinces the prosecutor to dismiss the charges.

Many elder abuse charges come down to a case of he said/she said. If there is no evidence of abuse, it may be very difficult for the D.A. to prove guilt beyond a reasonable doubt.

2.2 What if I was defending myself against an elderly person in Nevada?

It is perfectly legal to use reasonable and proportional physical force on someone else in reaction to an immediate threat of physical harm. If the criminal defense attorney can show that the accused was simply acting in lawful self-defense, then the case should be dropped.

2.3 What if the elder abuse, neglect, exploitation, abandonment or isolation charge in Nevada stemmed from an accident?

Elderly people are especially prone to hurting themselves, and their injuries are frequently misconstrued as abuse. If the prosecution fails to prove that any injuries were caused by abuse, exploitation, neglect, abandonment or isolation, then the charges should be dismissed.

3. Penalties, punishment, and sentences for "elder abuse, neglect, exploitation, abandonment and isolation" in Nevada

The punishment for elder abuse, exploitation, isolation, abandonment or neglect in Nevada depends on the type and extent of the harm done.2

PENALTIES FOR ELDER ABUSE AND NEGLECT IN NEVADA

Type of Elder Abuse

First offense with no substantial bodily or mental harm

Successive offense with no substantial bodily or mental harm

Any offense with substantial bodily or mental harm

Elder abuse

Gross misdemeanor

·       up to 364 days in jail and/or

·       up to $2,000 in fines, and

·       restitution

Category B felony

·       2 – 6 years in Nevada State Prison, and

·       restitution

Category B felony

·       2-10 years in Nevada State Prison, and

·       restitution

Elder neglect

Gross misdemeanor

·       up to 364 days in jail, and/or

·       up to $2,000 in fines, and

·       restitution

Gross misdemeanor

·       up to 364 days in jail, and/or

·       up to $2,000 in fines, and

·       restitution

Category B felony

·       2 – 6 years in Nevada State Prison, and

·       restitution

Type of Elder Abuse in Nevada

Penalties

Elder abuse:

First offense with no substantial bodily or mental harm

Gross misdemeanor

·       up to 364 days in jail and/or

·       up to $2,000 in fines, and

·       restitution

Elder abuse:

Subsequent offense with no substantial bodily or mental harm

Category B felony

·       2 – 6 years in Nevada State Prison, and

·       restitution

Elder abuse:

With substantial bodily or mental harm

Category B felony

·       2-10 years in Nevada State Prison, and

·       restitution

Elder neglect:

Any offense with no substantial bodily or mental harm

Gross misdemeanor

·       up to 364 days in jail and/or

·       up to $2,000 in fines, and

·       restitution

Elder neglect:

With substantial bodily or mental harm

Category B felony

·       2 – 6 years in Nevada State Prison, and

·       restitution

3.1 Elder Abuse penalties in Nevada

A first offense of elder abuse with no substantial bodily harm or substantial mental harm is charged as a gross misdemeanor in Nevada, carrying a sentence of:

  • up to 364 days in jail, and/or

  • up to $2,000 in fines, and

  • restitution

Any subsequent conviction is a category B felony, carrying a sentence of:

  • 2 to 6 years in Nevada State Prison, and

  • restitution

But if the victim sustains any substantial bodily harm or substantial mental harm, elder abuse is automatically a category B felony carrying:

  • 2 to 20 years in prison, and

  • restitution

3.2 Elder Neglect penalties in Nevada

Permitting an older person to suffer unjustifiable pain or neglect that does not result in substantial physical or mental harm is punished as a gross misdemeanor, carrying a sentence of:

  • up to 364 days in jail, and/or

  • up to $2,000 in fines, and

  • restitution

But if the alleged elder neglect causes substantial physical or mental harm, then it is charged as a category B felony, carrying a sentence of:

  • 2 to 6 years in prison, and

  • restitution

3.3 Elder exploitation penalties in Nevada

Elder Exploitation in Nevada

Penalties

Gross misdemeanor: Assets are valued at less than $650 (or assets cannot be determined)

·                up to 364 days in jail, andor

·                up to $2,000 in fines, and

·                restitution

Category B felony: Assets are worth at least $650 up to less than $5,000

·                2 to 10 years in Nevada State Prison, and/or

·                up to $10,000 in fines, and

·                restitution

Category B felony: Assets are worth $5,000

·                2 to 20 years in Nevada State Prison, and/or

·                up to $25,000 in fines, and

·                restitution

The punishment for exploiting an elder person's assets in Nevada turns on the amount of money or assets illegally obtained or misused:

If the assets are valued at less than $650, exploitation of an older person is a misdemeanor in Nevada punished by:

  • up to 364 days in jail, and/or

  • up to $2,000 in fines, and

  • restitution

If the assets are worth $650 up to less than $5,000, exploitation of an elder in Nevada is a category B felony punished by:

  • 2 to 10 years in prison, and/or

  • up to $10,000 in fines, and

  • restitution

If the assets add up to $5,000 or more, exploitation of an elder in Las Vegas is a category B felony punished by:

  • 2 to 20 years in prison, and/or

  • up to $25,000 in fines, and

  • restitution

Otherwise if the amount of the assets cannot be determined, an alleged violation of Nevada elder exploitation law will be charged as a gross misdemeanor, carrying:

  • up to 364 days in jail, and/or

  • up to $2,000 in fines, and

  • restitution

3.4 Elder Isolation penalties in Nevada

Elder Isolation and Abandonment in Nevada

Penalties

First offense

Gross misdemeanor

·       Up to 364 days in jail, and/or

·       Up to $2,000 in fines, and

·       restitution

Subsequent offense

Category B felony

·       2 – 10 years in Nevada State Prison, and/or

·       maybe $5,000 in fines, and

·       restitution

A first offense of elder isolation is punished as a gross misdemeanor, carrying a sentence of:

  • up to 364 days in jail, and/or

  • up to $2,000 in fines, and

  • restitution

Any subsequent conviction of isolation of an older person is a category B felony, carrying a punishment of:

  • 2 to 10 years in prison, and

  • maybe $5,000, and

  • restitution

3.5 Elder Abandonment penalties in Nevada

A first offense of elder abandonment is punished as a gross misdemeanor, carrying a sentence of:

  • up to 364 days in jail, and/or

  • up to $2,000 in fines, and

  • restitution

Any subsequent conviction of abandonment of an older person is a category B felony, carrying a punishment of:

  • 2 to 10 years in prison, and

  • maybe $5,000, and

  • restitution

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Elder abuse can be a felony, gross misdemeanor, or misdemeanor in Nevada depending on the circumstances of the case.

3.6 Conspiracy in Nevada elder abuse, neglect, exploitation, abandonment and isolation cases (NRS 200.50995)

Conspiracy in Nevada is defined as agreeing with at least one other person to commit a crime. A first offense of conspiring to commit elder abuse, exploitation, abandonment or isolation is a gross misdemeanor, carrying a sentence of:

  • up to 364 days in jail, and/or

  • up to $2,000 in fines, and

  • restitution

All subsequent conspiracy convictions are a category C felony in Nevada.3The punishment includes:

  • 1 to 5 years in prison, and

  • maybe a fine of up to $10,000, and

  • restitution

3.7 Mandatory Reporting Law in Nevada elder abuse, neglect, exploitation, abandonment and isolation cases (NRS 200.5093)

Physicians, social workers and other professionals who suspect that an older person is the victim of abuse have the legal duty to report it as soon as possible to authorities (such as the Aging and Disability Services Division of the Nevada Department of Health and Human Services). Willfully defying this rule is punished as a misdemeanor, carrying:

  • up to 6 months in jail, and/or

  • up to $1,000 in fines

Furthermore, anyone at a law enforcement or private agency who willfully and unlawfully releases confidential data concerning reports of elder abuse faces the same penalties. (NRS 200.5095)4

Have You been arrested? Call us now . . .

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Call 702-DEFENSE (702-333-3673) for a FREE consultation with a Nevada criminal defense attorney today.

If you have been accused of the Nevada crime of elder abuse under NRS 200.5099, call our Las Vegas elder abuse lawyers at 702-DEFENSE (702-333-3673) to discuss your case for free. We know how emotionally taxing these matters are, and we may be able to plea bargain with prosecutors so your charges get reduced or even dismissed so your criminal record stays clean.

If you face charges in California, visit our page on California elder abuse laws (Penal Code 368).


Legal References:

  1. NRS 200.5091 Policy of State. It is the policy of this State to provide for the cooperation of law enforcement officials, courts of competent jurisdiction and all appropriate state agencies providing human services in identifying the abuse, neglect, exploitation, isolation and abandonment of older persons and vulnerable persons through the complete reporting of abuse, neglect, exploitation, isolation and abandonment of older persons and vulnerable persons.

    NRS 200.5092 Definitions. As used in NRS 200.5091 to 200.50995, inclusive, unless the context otherwise requires:

    1. “Abandonment” means:

    (a) Desertion of an older person or a vulnerable person in an unsafe manner by a caretaker or other person with a legal duty of care; or

    (b) Withdrawal of necessary assistance owed to an older person or a vulnerable person by a caretaker or other person with an obligation to provide services to the older person or vulnerable person.

    1. “Abuse” means willful:

    (a) Infliction of pain or injury on an older person or a vulnerable person;

    (b) Deprivation of food, shelter, clothing or services which are necessary to maintain the physical or mental health of an older person or a vulnerable person;

    (c) Infliction of psychological or emotional anguish, pain or distress on an older person or a vulnerable person through any act, including, without limitation:

       (1) Threatening, controlling or socially isolating the older person or vulnerable person;

       (2) Disregarding the needs of the older person or vulnerable person; or

       (3) Harming, damaging or destroying any property of the older person or vulnerable person, including, without limitation, pets;

    (d) Nonconsensual sexual contact with an older person or a vulnerable person, including, without limitation:

       (1) An act that the older person or vulnerable person is unable to understand or to which the older person or vulnerable person is unable to communicate his or her objection; or

       (2) Intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh or buttocks of the older person or vulnerable person; or

    (e) Permitting any of the acts described in paragraphs (a) to (d), inclusive, to be committed against an older person or a vulnerable person.

    1. “Exploitation” means any act taken by a person who has the trust and confidence of an older person or a vulnerable person or any use of the power of attorney or guardianship of an older person or a vulnerable person to:

    (a) Obtain control, through deception, intimidation or undue influence, over the older person's or vulnerable person's money, assets or property with the intention of permanently depriving the older person or vulnerable person of the ownership, use, benefit or possession of his or her money, assets or property; or

    (b) Convert money, assets or property of the older person or vulnerable person with the intention of permanently depriving the older person or vulnerable person of the ownership, use, benefit or possession of his or her money, assets or property.

    As used in this subsection, “undue influence” means the improper use of power or trust in a way that deprives a person of his or her free will and substitutes the objectives of another person. The term does not include the normal influence that one member of a family has over another.

    1. “Isolation” means preventing an older person or a vulnerable person from having contact with another person by:

    (a) Intentionally preventing the older person or vulnerable person from receiving visitors, mail or telephone calls, including, without limitation, communicating to a person who comes to visit the older person or vulnerable person or a person who telephones the older person or vulnerable person that the older person or vulnerable person is not present or does not want to meet with or talk to the visitor or caller knowing that the statement is false, contrary to the express wishes of the older person or vulnerable person and intended to prevent the older person or vulnerable person from having contact with the visitor;

    (b) Physically restraining the older person or vulnerable person to prevent the older person or vulnerable person from meeting with a person who comes to visit the older person or vulnerable person; or

    (c) Permitting any of the acts described in paragraphs (a) and (b) to be committed against an older person or a vulnerable person.

    The term does not include an act intended to protect the property or physical or mental welfare of the older person or vulnerable person or an act performed pursuant to the instructions of a physician of the older person or vulnerable person.

    1. “Neglect” means the failure of a person or a manager of a facility who has assumed legal responsibility or a contractual obligation for caring for an older person or a vulnerable person or who has voluntarily assumed responsibility for his or her care to provide food, shelter, clothing or services which are necessary to maintain the physical or mental health of the older person or vulnerable person.
    2. “Older person” means a person who is 60 years of age or older.
    3. “Protective services” means services the purpose of which is to prevent and remedy the abuse, neglect, exploitation, isolation and abandonment of older persons. The services may include:

    (a) The investigation, evaluation, counseling, arrangement and referral for other services and assistance; and

    (b) Services provided to an older person or a vulnerable person who is unable to provide for his or her own needs.

    1. “Vulnerable person” means a person 18 years of age or older who:

    (a) Suffers from a condition of physical or mental incapacitation because of a developmental disability, organic brain damage or mental illness; or

    (b) Has one or more physical or mental limitations that restrict the ability of the person to perform the normal activities of daily living.

    NRS 200.50925 “Reasonable cause to believe” and “as soon as reasonably practicable” defined. For the purposes of NRS 200.5091 to 200.50995, inclusive, a person:

    1. Has “reasonable cause to believe” if, in light of all the surrounding facts and circumstances which are known or which reasonably should be known to the person at the time, a reasonable person would believe, under those facts and circumstances, that an act, transaction, event, situation or condition exists, is occurring or has occurred.
    2. Acts “as soon as reasonably practicable” if, in light of all the surrounding facts and circumstances which are known or which reasonably should be known to the person at the time, a reasonable person would act within approximately the same period under those facts and circumstances.

    NRS 200.50935 Report of abuse, neglect, exploitation, isolation or abandonment of vulnerable person; voluntary and mandatory reports; investigation; penalty.

    1. Any person who is described in subsection 3 and who, in a professional or occupational capacity, knows or has reasonable cause to believe that a vulnerable person has been abused, neglected, exploited, isolated or abandoned shall:

    (a) Report the abuse, neglect, exploitation, isolation or abandonment of the vulnerable person to a law enforcement agency; and

    (b) Make such a report as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the vulnerable person has been abused, neglected, exploited, isolated or abandoned.

    1. If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that the abuse, neglect, exploitation, isolation or abandonment of the vulnerable person involves an act or omission of a law enforcement agency, the person shall make the report to a law enforcement agency other than the one alleged to have committed the act or omission.
    2. A report must be made pursuant to subsection 1 by the following persons:

    (a) Every physician, dentist, dental hygienist, chiropractor, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, perfusionist, physician assistant licensed pursuant to chapter 630 or 633 of NRS, psychiatrist, psychologist, marriage and family therapist, clinical professional counselor, clinical alcohol and drug abuse counselor, alcohol and drug abuse counselor, music therapist, athletic trainer, driver of an ambulance, paramedic, licensed dietitian or other person providing medical services licensed or certified to practice in this State, who examines, attends or treats a vulnerable person who appears to have been abused, neglected, exploited, isolated or abandoned.

    (b) Any personnel of a hospital or similar institution engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a hospital or similar institution upon notification of the suspected abuse, neglect, exploitation, isolation or abandonment of a vulnerable person by a member of the staff of the hospital.

    (c) A coroner.

    (d) Every person who maintains or is employed by an agency to provide nursing in the home.

    (e) Any employee of the Department of Health and Human Services.

    (f) Any employee of a law enforcement agency or an adult or juvenile probation officer.

    (g) Any person who maintains or is employed by a facility or establishment that provides care for vulnerable persons.

    (h) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding the abuse, neglect, exploitation, isolation or abandonment of a vulnerable person and refers them to persons and agencies where their requests and needs can be met.

    (i) Every social worker.

    (j) Any person who owns or is employed by a funeral home or mortuary.

    1. A report may be made by any other person.
    2. If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that a vulnerable person has died as a result of abuse, neglect, isolation or abandonment, the person shall, as soon as reasonably practicable, report this belief to the appropriate medical examiner or coroner, who shall investigate the cause of death of the vulnerable person and submit to the appropriate local law enforcement agencies and the appropriate prosecuting attorney his or her written findings. The written findings must include the information required pursuant to the provisions of NRS 200.5094, when possible.
    3. A law enforcement agency which receives a report pursuant to this section shall immediately initiate an investigation of the report.
    4. A person who knowingly and willfully violates any of the provisions of this section is guilty of a misdemeanor.
     

    NRS 200.5094 Reports: Manner of making; contents.

    1. A person may make a report pursuant to NRS 200.5093 or 200.50935 by telephone or, in light of all the surrounding facts and circumstances which are known or which reasonably should be known to the person at the time, by any other means of oral, written or electronic communication that a reasonable person would believe, under those facts and circumstances, is a reliable and swift means of communicating information to the person who receives the report. If the report is made orally, the person who receives the report must reduce it to writing as soon as reasonably practicable.
    2. The report must contain the following information, when possible:

    (a) The name and address of the older person or vulnerable person;

    (b) The name and address of the person responsible for his or her care, if there is one;

    (c) The name and address, if available, of the person who is alleged to have abused, neglected, exploited, isolated or abandoned the older person or vulnerable person;

    (d) The nature and extent of the abuse, neglect, exploitation, isolation or abandonment of the older person or vulnerable person;

    (e) Any evidence of previous injuries; and

    (f) The basis of the reporter's belief that the older person or vulnerable person has been abused, neglected, exploited, isolated or abandoned.

    NRS 200.50955 Law enforcement agency: Required to act promptly in obtaining certain warrants. A law enforcement agency shall promptly seek to obtain a warrant for the arrest of any person the agency has probable cause to believe is criminally responsible for the abuse, neglect, exploitation, isolation or abandonment of an older person or a vulnerable person.

    NRS 200.5096 Immunity from civil or criminal liability for reporting, investigating or submitting information. Immunity from civil or criminal liability extends to every person who, pursuant to NRS 200.5091 to 200.50995, inclusive, in good faith:

    1. Participates in the making of a report;
    2. Causes or conducts an investigation of alleged abuse, neglect, exploitation, isolation or abandonment of an older person or a vulnerable person; or
    3. Submits information contained in a report to a licensing board pursuant to subsection 4 of NRS 200.5095.

    NRS 200.5097 Admissibility of evidence. In any proceeding resulting from a report made or action taken pursuant to NRS 200.5091 to 200.50995, inclusive, or in any other proceeding, the report or its contents or any other fact related thereto or to the condition of the older person or vulnerable person who is the subject of the report may not be excluded on the ground that the matter would otherwise be privileged against disclosure under chapter 49 of NRS.

    NRS 200.5098 Duties of Aging and Disability Services Division of Department of Health and Human Services regarding older persons; organization and operation of teams for provision of assistance.

    1. The Aging and Disability Services Division of the Department of Health and Human Services shall:

    (a) Identify and record demographic information on the older person who is alleged to have been abused, neglected, exploited, isolated or abandoned and the person who is alleged to be responsible for such abuse, neglect, exploitation, isolation or abandonment.

    (b) Obtain information from programs for preventing abuse of older persons, analyze and compare the programs, and make recommendations to assist the organizers of the programs in achieving the most efficient and effective service possible.

    (c) Publicize the provisions of NRS 200.5091 to 200.50995, inclusive.

    1. The Administrator of the Aging and Disability Services Division of the Department may organize one or more teams to assist in strategic assessment and planning of protective services, issues regarding the delivery of service, programs or individual plans for preventing, identifying, remedying or treating abuse, neglect, exploitation, isolation or abandonment of older persons. Members of the team serve at the invitation of the Administrator and must be experienced in preventing, identifying, remedying or treating abuse, neglect, exploitation, isolation or abandonment of older persons. The team may include representatives of other organizations concerned with education, law enforcement or physical or mental health.
    2. The team may receive otherwise confidential information and records pertaining to older persons to assist in assessing and planning. The confidentiality of any information or records received must be maintained under the terms or conditions required by law. The content of any discussion regarding information or records received by the team pursuant to this subsection is not subject to discovery and a member of the team shall not testify regarding any discussion which occurred during the meeting. Any information disclosed in violation of this subsection is inadmissible in all judicial proceedings.

    NRS 200.50982 Disclosure of information concerning reports and investigations to other agencies or legal representative of older person or vulnerable person; disclosure of information concerning suspect in investigation of abuse, neglect, exploitation, isolation or abandonment of older person.

    1. The provisions of NRS 200.5091 to 200.50995, inclusive, do not prohibit an agency which is investigating a report of abuse, neglect, exploitation, isolation or abandonment, or which provides protective services, from disclosing data or information concerning the reports and investigations of the abuse, neglect, exploitation, isolation or abandonment of an older person or a vulnerable person to other federal, state or local agencies or the legal representatives of the older person or vulnerable person on whose behalf the investigation is being conducted if:

    (a) The agency making the disclosure determines that the disclosure is in the best interest of the older person or vulnerable person; and

    (b) Proper safeguards are taken to ensure the confidentiality of the information.

    1. If the Aging and Disability Services Division of the Department of Health and Human Services is investigating a report of abuse, neglect, exploitation, isolation or abandonment of an older person, a law enforcement agency shall, upon request of the Aging and Disability Services Division, provide information relating to any suspect in the investigation as soon as possible. The information must include, when possible:

    (a) The records of criminal history of the suspect;

    (b) Whether or not the suspect resides with or near the older person; and

    (c) A summary of any events, incidents or arrests which have occurred at the residence of the suspect or the older person within the past 90 days and which involve physical violence or concerns related to public safety or the health or safety of the older person.

    NRS 200.50984 Inspection of records pertaining to older person on whose behalf investigation is conducted.

    1. Notwithstanding any other statute to the contrary, the local office of the Aging and Disability Services Division of the Department of Health and Human Services and a county's office for protective services, if one exists in the county where a violation is alleged to have occurred, may for the purpose of investigating an alleged violation of NRS 200.5091 to 200.50995, inclusive, inspect all records pertaining to the older person on whose behalf the investigation is being conducted, including, but not limited to, that person's medical and financial records.
    2. Except as otherwise provided in this subsection, if a guardian has not been appointed for the older person, the Aging and Disability Services Division or the county's office for protective services shall obtain the consent of the older person before inspecting those records. If the Aging and Disability Services Division or the county's office for protective services determines that the older person is unable to consent to the inspection, the inspection may be conducted without his or her consent. Except as otherwise provided in this subsection, if a guardian has been appointed for the older person, the Aging and Disability Services Division or the county's office for protective services shall obtain the consent of the guardian before inspecting those records. If the Aging and Disability Services Division or the county's office for protective services has reasonable cause to believe that the guardian is abusing, neglecting, exploiting, isolating or abandoning the older person, the inspection may be conducted without the consent of the guardian, except that if the records to be inspected are in the personal possession of the guardian, the inspection must be approved by a court of competent jurisdiction.

    NRS 200.50986 Petition for removal of guardian of older person. The local office of the Aging and Disability Services Division of the Department of Health and Human Services or the county's office for protective services may petition a court in accordance with NRS 159.185, 159.1853 or 159.1905 for the removal of the guardian of an older person, or the termination or modification of that guardianship, if, based on its investigation, the Aging and Disability Services Division or the county's office of protective services has reasonable cause to believe that the guardian is abusing, neglecting, exploiting, isolating or abandoning the older person in violation of NRS 200.5091 to 200.50995, inclusive.

  2. NRS 200.5099 Penalties.

    1. Except as otherwise provided in subsection 6, any person who abuses an older person or a vulnerable person is guilty:

    (a) For the first offense, of a gross misdemeanor; or

    (b) For any subsequent offense or if the person has been previously convicted of violating a law of any other jurisdiction that prohibits the same or similar conduct, of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 6 years, unless a more severe penalty is prescribed by law for the act or omission which brings about the abuse.

    1. Except as otherwise provided in subsection 7, any person who has assumed responsibility, legally, voluntarily or pursuant to a contract, to care for an older person or a vulnerable person and who:

    (a) Neglects the older person or vulnerable person, causing the older person or vulnerable person to suffer physical pain or mental suffering;

    (b) Permits or allows the older person or vulnerable person to suffer unjustifiable physical pain or mental suffering; or

    (c) Permits or allows the older person or vulnerable person to be placed in a situation where the older person or vulnerable person may suffer physical pain or mental suffering as the result of abuse or neglect,

    is guilty of a gross misdemeanor unless a more severe penalty is prescribed by law for the act or omission which brings about the abuse or neglect.

    1. Except as otherwise provided in subsection 4, any person who exploits an older person or a vulnerable person shall be punished, if the value of any money, assets and property obtained or used:

    (a) Is less than $650, for a gross misdemeanor by imprisonment in the county jail for not more than 364 days, or by a fine of not more than $2,000, or by both fine and imprisonment;

    (b) Is at least $650, but less than $5,000, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment; or

    (c) Is $5,000 or more, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years, or by a fine of not more than $25,000, or by both fine and imprisonment,

    unless a more severe penalty is prescribed by law for the act which brought about the exploitation. The monetary value of all of the money, assets and property of the older person or vulnerable person which have been obtained or used, or both, may be combined for the purpose of imposing punishment for an offense charged pursuant to this subsection.

    1. If a person exploits an older person or a vulnerable person and the monetary value of any money, assets and property obtained cannot be determined, the person shall be punished for a gross misdemeanor by imprisonment in the county jail for not more than 364 days, or by a fine of not more than $2,000, or by both fine and imprisonment.
    2. Any person who isolates or abandons an older person or a vulnerable person is guilty:

    (a) For the first offense, of a gross misdemeanor; or

    (b) For any subsequent offense, of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $5,000.

    1. A person who violates any provision of subsection 1, if substantial bodily or mental harm or death results to the older person or vulnerable person, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years, unless a more severe penalty is prescribed by law for the act or omission which brings about the abuse.
    2. A person who violates any provision of subsection 2, if substantial bodily or mental harm or death results to the older person or vulnerable person, shall be punished for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 6 years, unless a more severe penalty is prescribed by law for the act or omission which brings about the abuse or neglect.
    3. In addition to any other penalty imposed against a person for a violation of any provision of NRS 200.5091 to 200.50995, inclusive, the court shall order the person to pay restitution.
    4. As used in this section:

    (a) “Allow” means to take no action to prevent or stop the abuse or neglect of an older person or a vulnerable person if the person knows or has reason to know that the older person or vulnerable person is being abused or neglected.

    (b) “Permit” means permission that a reasonable person would not grant and which amounts to a neglect of responsibility attending the care and custody of an older person or a vulnerable person.

    (c) “Substantial mental harm” means an injury to the intellectual or psychological capacity or the emotional condition of an older person or a vulnerable person as evidenced by an observable and substantial impairment of the ability of the older person or vulnerable person to function within his or her normal range of performance or behavior.

  3. NRS 200.50995 Penalties for conspiracy. A person who conspires with another to commit abuse, exploitation or isolation of an older person or a vulnerable person as prohibited by NRS 200.5099 shall be punished:

    1. For the first offense, for a gross misdemeanor.
    2. For the second and all subsequent offenses, for a category C felony as provided in NRS 193.130.

    Each person found guilty of such a conspiracy is jointly and severally liable for the restitution ordered by the court pursuant to NRS 200.5099 with each other person found guilty of the conspiracy.

  4. NRS 200.5093 Report of abuse, neglect, exploitation, isolation or abandonment of older person; voluntary and mandatory reports; investigation; penalty.

    1. Any person who is described in subsection 4 and who, in a professional or occupational capacity, knows or has reasonable cause to believe that an older person has been abused, neglected, exploited, isolated or abandoned shall:

    (a) Except as otherwise provided in subsection 2, report the abuse, neglect, exploitation, isolation or abandonment of the older person to:

       (1) The local office of the Aging and Disability Services Division of the Department of Health and Human Services;

       (2) A police department or sheriff's office; or

       (3) A toll-free telephone service designated by the Aging and Disability Services Division of the Department of Health and Human Services; and

    (b) Make such a report as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the older person has been abused, neglected, exploited, isolated or abandoned.

    1. If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that the abuse, neglect, exploitation, isolation or abandonment of the older person involves an act or omission of the Aging and Disability Services Division, another division of the Department of Health and Human Services or a law enforcement agency, the person shall make the report to an agency other than the one alleged to have committed the act or omission.
    2. Each agency, after reducing a report to writing, shall forward a copy of the report to the Aging and Disability Services Division of the Department of Health and Human Services and the Unit for the Investigation and Prosecution of Crimes.
    3. A report must be made pursuant to subsection 1 by the following persons:

    (a) Every physician, dentist, dental hygienist, chiropractor, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, physician assistant licensed pursuant to chapter 630 or 633 of NRS, perfusionist, psychiatrist, psychologist, marriage and family therapist, clinical professional counselor, clinical alcohol and drug abuse counselor, alcohol and drug abuse counselor, music therapist, athletic trainer, driver of an ambulance, paramedic, licensed dietitian or other person providing medical services licensed or certified to practice in this State, who examines, attends or treats an older person who appears to have been abused, neglected, exploited, isolated or abandoned.

    (b) Any personnel of a hospital or similar institution engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a hospital or similar institution upon notification of the suspected abuse, neglect, exploitation, isolation or abandonment of an older person by a member of the staff of the hospital.

    (c) A coroner.

    (d) Every person who maintains or is employed by an agency to provide personal care services in the home.

    (e) Every person who maintains or is employed by an agency to provide nursing in the home.

    (f) Every person who operates, who is employed by or who contracts to provide services for an intermediary service organization as defined in NRS 449.4304.

    (g) Any employee of the Department of Health and Human Services.

    (h) Any employee of a law enforcement agency or a county's office for protective services or an adult or juvenile probation officer.

    (i) Any person who maintains or is employed by a facility or establishment that provides care for older persons.

    (j) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding the abuse, neglect, exploitation, isolation or abandonment of an older person and refers them to persons and agencies where their requests and needs can be met.

    (k) Every social worker.

    (l) Any person who owns or is employed by a funeral home or mortuary.

    (m) Every person who operates or is employed by a peer support recovery organization, as defined in NRS 449.01563.

    (n) Every person who operates or is employed by a community health worker pool, as defined in NRS 449.0028, or with whom a community health worker pool contracts to provide the services of a community health worker, as defined in NRS 449.0027.

    1. A report may be made by any other person.
    2. If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that an older person has died as a result of abuse, neglect, isolation or abandonment, the person shall, as soon as reasonably practicable, report this belief to the appropriate medical examiner or coroner, who shall investigate the cause of death of the older person and submit to the appropriate local law enforcement agencies, the appropriate prosecuting attorney, the Aging and Disability Services Division of the Department of Health and Human Services and the Unit for the Investigation and Prosecution of Crimes his or her written findings. The written findings must include the information required pursuant to the provisions of NRS 200.5094, when possible.
    3. A division, office or department which receives a report pursuant to this section shall cause the investigation of the report to commence within 3 working days. A copy of the final report of the investigation conducted by a division, office or department, other than the Aging and Disability Services Division of the Department of Health and Human Services, must be forwarded within 30 days after the completion of the report to the:

    (a) Aging and Disability Services Division;

    (b) Repository for Information Concerning Crimes Against Older Persons created by NRS 179A.450; and

    (c) Unit for the Investigation and Prosecution of Crimes.

    1. If the investigation of a report results in the belief that an older person is abused, neglected, exploited, isolated or abandoned, the Aging and Disability Services Division of the Department of Health and Human Services or the county's office for protective services may provide protective services to the older person if the older person is able and willing to accept them.
    2. A person who knowingly and willfully violates any of the provisions of this section is guilty of a misdemeanor.
    3. As used in this section, “Unit for the Investigation and Prosecution of Crimes” means the Unit for the Investigation and Prosecution of Crimes Against Older Persons in the Office of the Attorney General created pursuant to NRS 228.265.

    NRS 200.5095 Reports and records confidential; permissible or required disclosure; penalty.

    1. Reports made pursuant to NRS 200.5093, 200.50935 and 200.5094, and records and investigations relating to those reports, are confidential.
    2. A person, law enforcement agency or public or private agency, institution or facility who willfully releases data or information concerning the reports and investigation of the abuse, neglect, exploitation, isolation or abandonment of older persons or vulnerable persons, except:

    (a) Pursuant to a criminal prosecution;

    (b) Pursuant to NRS 200.50982; or

    (c) To persons or agencies enumerated in subsection 3,

    is guilty of a misdemeanor.

    1. Except as otherwise provided in subsection 2 and NRS 200.50982, data or information concerning the reports and investigations of the abuse, neglect, exploitation, isolation or abandonment of an older person or a vulnerable person is available only to:

    (a) A physician who is providing care to an older person or a vulnerable person who may have been abused, neglected, exploited, isolated or abandoned;

    (b) An agency responsible for or authorized to undertake the care, treatment and supervision of the older person or vulnerable person;

    (c) A district attorney or other law enforcement official who requires the information in connection with an investigation of the abuse, neglect, exploitation, isolation or abandonment of the older person or vulnerable person;

    (d) A court which has determined, in camera, that public disclosure of such information is necessary for the determination of an issue before it;

    (e) A person engaged in bona fide research, but the identity of the subjects of the report must remain confidential;

    (f) A grand jury upon its determination that access to such records is necessary in the conduct of its official business;

    (g) Any comparable authorized person or agency in another jurisdiction;

    (h) A legal guardian of the older person or vulnerable person, if the identity of the person who was responsible for reporting the alleged abuse, neglect, exploitation, isolation or abandonment of the older person or vulnerable person to the public agency is protected, and the legal guardian of the older person or vulnerable person is not the person suspected of such abuse, neglect, exploitation, isolation or abandonment;

    (i) If the older person or vulnerable person is deceased, the executor or administrator of his or her estate, if the identity of the person who was responsible for reporting the alleged abuse, neglect, exploitation, isolation or abandonment of the older person or vulnerable person to the public agency is protected, and the executor or administrator is not the person suspected of such abuse, neglect, exploitation, isolation or abandonment; or

    (j) The older person or vulnerable person named in the report as allegedly being abused, neglected, exploited, isolated or abandoned, if that person is not legally incompetent.

    1. If the person who is reported to have abused, neglected, exploited, isolated or abandoned an older person or a vulnerable person is the holder of a license or certificate issued pursuant to chapters 449, 630 to 641B, inclusive, or 654 of NRS, the information contained in the report must be submitted to the board that issued the license.
    2. If data or information concerning the reports and investigations of the abuse, neglect, exploitation, isolation or abandonment of an older person or a vulnerable person is made available pursuant to paragraph (b) or (j) of subsection 3 or subsection 4, the name and any other identifying information of the person who made the report must be redacted before the data or information is made available.

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