“Elder Abuse” Colorado – A Guide to The Laws & Penalties

7 acts that can get you arrested for "elder abuse" in Colorado

Colorado has no specific crime of elder abuse. Instead, state law provides for a penalty enhancement, meaning harsher sentencing if a person commits certain crimes against a victim age 70 or older. These underlying crimes include:

  1. Criminal negligence — CRS 18-6.5-103(2),
  2. Assault — CRS 18-6.5-103(3),
  3. Robbery — CRS 18-6.5-103(4),
  4. Theft — CRS 18-6.5-103(5),
  5. Caretaker neglect — CRS 18-6.5-103(6),
  6. Sexual assault — CRS 18-6.5-103(7), and
  7. Exploitation — CRS 18-6.5-103(7.5)1

It is also a crime to attempt to do, or to conspire to do, or solicit someone else to do, any of the foregoing.2

Colorado considers people age 70 and older to be especially vulnerable to crime, physical abuse, neglect, emotional abuse, financial abuse scams, investment fraud, telephone fraud, and other mistreatment – even by caregivers, family members, and conservators. As a result, penalties for crimes against “at risk” seniors are usually felonies and are punished more severely than equivalent crimes against younger adults. Merely taking anything worth more than $500 from a senior can land you in prison for many years.

To help you better understand CRS 18-6.5-103 crimes against the elderly, our Colorado criminal defense lawyers discuss the following, below:

1. What is the definition of elder abuse in Colorado?

1.1. Abuse

CRS 18-6.5-102(1) defines “abuse” as any of the following acts or omissions committed against an at-risk elder:

  • (a) The non-accidental infliction of bodily injury, serious bodily injury, or death;
  • (b) Confinement or restraint that is unreasonable under generally accepted caretaking standards;
  • (c) Sexual assault or unlawful sexual contact;
  • (d) Caretaker neglect; or
  • (e) Exploitation.

1.2. “At-risk” elder

For purposes of Colorado’s elder abuse laws, “at-risk elder” means any person who is seventy years of age or older.

Elderly person with a black eye from being abused

At-risk elders are defined as people 70 or older under CRS 18-6.5-103.

1.3. Caretaker

Under CRS 18-6.5-102 (5), “caretaker” means a person who:

  • (a) Is responsible for the care of an at-risk elder as a result of a family or legal relationship;
  • (b) Has assumed responsibility for the care of an at-risk elder; or
  • (c) Is paid to provide care or services to an at-risk elder, such as at the elder’s home or in a nursing home or other long-term care facility.

1.4. Caretaker neglect

CRS 18-6.5-102 (6) defines “caretaker neglect” as neglect that occurs when a caretaker does not provide, in a timely manner and with the degree of care that a reasonable person in the same situation would exercise, adequate:

  • food,
  • clothing,
  • shelter,
  • psychological care for mental health,
  • physical care,
  • medical care, or
  • supervision.

An exception is made for care that is withheld in accordance with:

  • a valid medical directive or order (such as medical durable power of attorney), or
  • a palliative plan of care.

1.5. Criminal exploitation

Under 18-6.5-102 (10) of Colorado’s elder abuse statute, “exploitation” means an act or omission committed by a person who:

  • (a) Without legal authority uses deception, harassment, intimidation, or undue influence to permanently or temporarily deprive an at-risk elder of the use, benefit, or possession of anything of value;
  • (b) Employs the services of a third party for his or her profit or advantage to the detriment of the at-risk elder;
  • (c) Forces, compels, coerces, or entices an at-risk elder to perform services for the profit or advantage of the person or another person against the will of the at-risk elder; or
  • (d) Misuses the property of an at-risk elder in a manner that adversely affects the at-risk elder’s ability to receive health care or health care benefits or to pay bills for basic needs or obligations.

2. What are the penalties for elder abuse in Colorado?

Section 18-6.5-103(2) sets forth the consequences of crimes against the elderly in Colorado. The penalties for Colorado elder abuse vary depending on:

  • the nature of the underlying crime,
  • whether the crime was committed in the heat of sudden passion,
  • whether the wrongful act was committed knowingly,
  • whether the crime was committed by someone in a position of trust, and
  • in the case of theft, robbery or exploitation, the value of the item.

Note that defendants in elder abuse cases can range from the victim’s spouse or family members to paid caretakers or perfect strangers.

2.1. Negligence resulting in death or injury

When negligence results in the death of an elderly person in Colorado, the penalty is:

  • 2-6 years in prison, and
  • A fine of $2,000-$500,000.

When the elder neglect results in serious bodily injury, consequences include:

  • 1-3 years in prison, and
  • A fine of $1,000-$100,000.

And when negligence results in (non-serious) bodily injury to an at-risk adult, penalties are:

  • 1 – 1 ½ years in prison, and
  • A fine of $1,000-$100,000.

2.2. Assault of an elder

2.2.1. First-degree assault

Penalties for assault in the first degree against a Colorado “at-risk” elder include:

  • 8-24 years in prison, and
  • A fine of $5,000-$1,000,000;

Except that if the assault is committed in a sudden heat of passion, the penalty is reduced to:

  • 2-6 years in prison, and
  • A fine of $2,000-$500,000.

2.2.2. Second-degree assault

Punishment for assault in the second degree against an at-risk elder is:

  • 4-12 years in prison, and
  • A fine of $3,000-$750,000.

Except if the assault is committed in a sudden heat of passion, consequences of elder assault are reduced to:

  • 1-3 years in prison, and
  • A fine of $1,000-$100,000.
Nursing facility worker assaulting resident in violation of 18-6.5-103

Knowingly causing bodily injury to an elderly person is third-degree assault in Colorado.

2.2.3. Third-degree assault

Penalties for assault in the third degree against a Colorado senior include:

  • 1 – 1 ½ years in prison, and
  • A fine of $1,000-$100,000.

2.3. Robbery

Robbing an elderly person in Colorado is considered a particularly serious crime. Penalties include:

  • 4-12 years in prison (with 4 years mandatory followed by 5 years mandatory parole), and
  • A fine of up to $ 500,000.4

2.4. Theft

If you are in a position of trust in relation to an at-risk elder in Colorado (see above), penalties for stealing from an elder depend on:

  • the value of the item stolen,
  • whether the theft was committed in the elder’s presence, and
  • whether you used force, threat or intimidation.

If the theft was committed in the elder’s presence, or you used force, threat or intimidation, then the consequences of Colorado theft of an elder include:

If the item was worth $500 or more:

  • 4-12 years in prison, and
  • A fine of $3,000-$750,000.

If the value was less than $500, the penalty is:

  • 1-3 years in prison, and
  • A fine of $1,000-$100,000.

If the theft was committed other than by force, threat or intimidation (for example, by fraud or embezzlement), then regardless of the value of the item, the theft can be punished by:

  • 2-6 years in prison, and
  • A fine of $2,000-$500,000.5

2.5. Caretaker Neglect

It is a Colorado class 1 misdemeanor to:

  • knowingly commit caretaker neglect against an at-risk elder, or
  • knowingly act in a manner likely to be injurious to the physical or mental welfare of an at-risk elder.3

Penalties for knowing caretaker neglect of an elder can include:

  • 6 –  18 months in jail, and/or
  • A fine of $500-$5,000.

2.6. Sex Crimes

Sexual assault against an elder in Colorado is punished by:

  • 8-24 years in prison, and
  • A fine of $5,000-$1,000,000.

Unlawful sexual contact by force, intimidation, or threat carries penalties of:

  • 4-12 years in prison, and
  • A fine of $3,000-$750,000.

Any other type of unlawful sexual abuse of an elder carries consequences of:

  • 1 – 1 ½ years in prison, and
  • A fine of $1,000-$100,000.6

2.7. Exploitation

Penalties for financial exploitation of an elder in Colorado depend on the value of the property exploited or the advantage taken. If the value is $500 or more, the penalty for Colorado exploitation of a senior is:

  • 4-12 years in prison, and
  • A fine of $3,000-$750,000.

If the value is less than $500, consequences of elder exploitation include:

  • 1-3 years in prison, and
  • A fine of $1,000-$100,000.

Financial exploitation can take many forms, such as stealing cash and other assets like jewelry, real property, personal property, and making investments without authorization. Often the older person is forced to sign a financial power of attorney, allowing the abuser to then make decisions about money and other assets without permission. Sometimes the abuser steals the older person’s identity or forges his/her signature.

3. What are the defenses?

Defenses to elder abuse usually involve defenses to the specific crime charged (assault, sexual assault, etc).

Additional defenses specific to elder abuse often include (but are not limited to):

  • The adult wasn’t 70 or more at the time of the alleged act,
  • You weren’t a caretaker under Colorado law,
  • The injury was the result of an accident,
  • You were acting in accordance with the elder’s wishes,
  • You were acting consistently with prescribed medical care,
  • You didn’t knowingly commit the alleged act,
  • You acted in self-defense,
  • The item was valued at less than $500 (partial defense), or
  • You acted in the heat of passion (partial defense).

As long as the district attorney cannot prove guilt beyond a reasonable doubt, the charge should be dropped.

See our related articles on domestic violence assault in Colorado, child abuse, menacing, stalking, and false imprisonment.

4. How do I report elder abuse?

To report elder abuse, call the Adult Protective Services county department number in the Colorado county where the abuse is allegedly occurring. Or call 911 if the victim is in immediate peril.

List of APS intake phone numbers
Note that health care providers and law enforcement agencies are mandatory reporters of alleged elder abusers. Learn more about mandatory reporting laws (CRS 18-6.5-108).

5. What are signs of elder abuse?

Some indications that an elderly person is being abused, neglected, or exploited are:

  • weight loss
  • bed sores
  • bruises
  • missed doctor’s appointments
  • lacking basic utilities like heat, air conditioning, electricity, or water
  • seeming fearful around caretakers
  • loss of enjoyment of life
  • bad hygiene
  • dirty living conditions
  • no fresh food
  • wearing dirty clothes or none at all
  • the elderly person gets an STD (possibly from rape or other sexual abuse where the elderly person cannot consent due to dementia or being unconscious)
  • the caretaker is humiliating the older person
  • the caretaker is controlling who the older person can see and how he/she gets transported
  • the caretaker hits, slaps, chokes, kicks, or otherwise hurts the elderly person for an unjustifiable reason
  • the caretaker threatens to hurt the elderly person or his/her pet
  • the elderly person is tied to a bed or wheelchair
  • the elderly person is taking incorrect dosages of medication or none at all

6. Crisis intervention and support services

Call us for help…

Group of law firm receptionists with headsets

Call our law firm for help. We offer free consultations.

Colorado law provides serious felony penalties for those who abuse or take advantage of people aged 70 or more.

Our Colorado domestic violence lawyers know, however, that older adults sometimes misunderstand things — or even forget them.

If you have been charged with elder negligence or abuse under CRS 18-6.5-103, we invite you to contact us for a free consultation. We will investigate ALL the facts and present your side of the story.

You can reach one of our experienced Colorado criminal defense attorneys by filling out the form on this page. Or feel free to call us anytime at our convenient Denver home office. Our attorneys also assist with bail and release issues at jails across Colorado, including the Clear Creek County Jail. We offer discount rates and payment plans during the COVID 19 pandemic.

Colorado Legal Defense Group
4047 Tejon Street
Denver CO 80211

Legal references:

  1. CRS 18-6.5-102 (3).
  2. CRS 18-6.5-103 (8).
  3. CRS 18-6.5-103 (6).
  4. See People v. Lovato, 179 P.3d 208 (Colo. App. 2007).
  5. See People v. McKinney, 99 P.3d 1038 (Colo. 2004).
  6. See People v. Nardine, 409 P.3d 441 (Court of Appeals, 2016).

 

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