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

Caretakers and family members may be wrongfully accused of abusing elder people in Nevada. These false allegations often stem from simple misunderstandings, innocent accidents or legitimate self-defense. But a conviction carries devastating penalties and mars your criminal record, causing prospective employers to not consider you for jobs.

Below is a summary of Nevada elder abuse, exploitation, isolation and neglect law, including definitions, defenses and penalties.

Definition

In order for someone to be convicted of crimes against elder people in Clark County, the alleged victim must be at least sixty (60) years old. The legal definition of abuse, neglect, exploitation or isolation of older persons in Las Vegas, Nevada encompasses any of the following four scenarios:

  • Abuse: 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.

  • Isolation: Willfully, maliciously and intentionally preventing the victim from having contact with another person.
  • Neglect: When a person with legal or contractual obligations to care for the older person fails to do so.
  • Exploitation: When someone who has the victim's trust or power of attorney deceptively obtains control of their assets or deprives them of their assets.

Click on the links below to read what our Nevada criminal defense attorneys have to say about other Nevada domestic violence crimes, including the Nevada crime of battery domestic violence and the Nevada crime of child abuse, neglect and endangerment:

Elder
Defenses

As you can see from above, elder abuse, neglect, isolation and exploitation in Nevada covers an enormous array of behaviors and is often very ambiguous. The following are just some of the defenses your attorney may explore using when litigating these charges:

  • False accusations: 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.
  • Self-defense in Nevada: It's perfectly legal to use reasonable and proportional physical force on someone else in reaction to an immediate threat of physical harm. If your attorney can show you were simply acting in lawful self-defense, then the case should be dropped.

  • 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 or isolation, then your charges should be dismissed.

Penalties

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

Elder Abuse penalties in Nevada

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

  • up to 1 year in jail, and/or

  • up to $2,000 in fines, and

  • restitution

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

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

  • 2 to 20 years in prison, and

  • restitution

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 in Las Vegas, carrying a sentence of:

  • up to 1 year in jail, and/or

  • up to $2,000 in fines, and

  • restitution

But if the alleged elder neglect in Clark County 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

Elder exploitation penalties in Nevada

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 in Nevada is a misdemeanor punished by:

  • up to 1 year 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 1 year in jail, and/or

  • up to $2,000 in fines, and

  • restitution

Elder Isolation penalties in Nevada

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

  • up to 1 year 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 in Las Vegas, carrying a punishment of:

  • 2 to 10 years in prison, and

  • maybe $5,000, and

  • restitution

Conspiracy (NRS 200.50995)

A first offense of conspiring to commit elder abuse, exploitation or isolation in Las Vegas is a gross misdemeanor, carrying a sentence of:

  • up to 1 year in jail, and/or

  • up to $2,000 in fines, and

  • restitution

All subsequent conspiracy convictions are a category C felony in Nevada, carrying a punishment of:

  • 1 to 5 years in prison, and

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

  • restitution

Mandatory Reporting Law (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 in Nevada, 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)

Have You been arrested? Call us now . . .

If you have been accused of the Nevada crime of elder abuse (NRS 200.5099), call our Las Vegas criminal defense 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).

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