Every year in Colorado, there are more than 4,000 reports of elder abuse, and thousands more go unreported.1 According to CRS 18-6.5-103, elder abuse occurs when a person 70 or older is the victim of either:
- assault,
- sexual assault,
- unlawful sexual contact,
- theft,
- robbery,
- false imprisonment,
- criminal exploitation,
- criminal negligence, or
- caretaker neglect.
These crimes always carry steeper penalties when committed against “at-risk” people, which includes the elderly. For example, simple robbery normally carries up to six years in prison. Though simple robbery against the elderly carries up to 12 years in prison.
To help you better understand crimes against the elderly, our Colorado criminal defense lawyers discuss the following, below:
- 1. What is elder abuse?
- 2. Penalties
- 3. Defenses
- 4. Reporting Elder Abuse
- 5. Mandatory Reporters
- 6. Signs of Elder Abuse
- 7. Civil Actions
- 8. Crisis Intervention
- Further Reading
1. What is elder abuse?
In Colorado, “elder abuse” comprises not only assault crimes against people 70 or older. “Elder abuse” also includes:
- Sexual crimes, such as rape or groping;
- Unreasonable confinement or restraint on their liberty;
- Caretaker neglect, such as failing to reasonably provide food, clothing, shelter, medical care, or supervision in a timely manner;
- Criminal negligence, which is a “gross deviation from the standard of care;” or
- Exploitation.
This last crime – exploitation – can mean several things in elder abuse cases:
- Depriving the elderly person of their cash, jewelry, investments, or other assets without lawful authority (such as theft or robbery);
- Using a third party to your advantage and to the elderly person’s detriment;
- Compelling the elderly person to perform services against their will and to your (or another’s) benefit; or
- Misusing the elderly person’s property in a way that hurts their ability to receive health care or pay basic bills.2
A classic case is an older person being forced to sign a financial power of attorney, allowing the alleged abuser then to make decisions about money and other assets without permission. Sometimes, the alleged abuser steals the older person’s identity or forges their signature.
Elders are people 70 or older under CRS 18-6.5-103.
2. Penalties
The elder abuse crimes listed in CRS 18-6.5-103 are usually prosecuted as felonies rather than misdemeanors. In some cases, the judge may grant probation in lieu of prison. Otherwise, the penalties for elder abuse can include several years behind bars.3
This table illustrates the sentencing ranges for common elder abuse offenses.
| Elder Abuse Crime |
Colorado penalty |
| Assault in the third degree | Class 6 felony: 1 year to 18 months in prison and/or $1,000 to $100,000 |
| Caretaker neglect | Class 1 misdemeanor: Up to 364 days in jail and/or $1,000 |
| Criminal negligence | If death results, a class 4 felony: 2 to 6 years in prison and/or $2,000 to $500,000
If serious bodily injury results, a class 5 felony: 1 to 3 years in prison and/or $1,000 to $100,000 If bodily injury results, a class 6 felony: 1 year to 18 months in prison and/or $1,000 to $100,000 |
| Robbery | Class 3 felony: 4 to 12 years in prison and/or $3,000 to $750,000 |
| Sexual assault | Class 2 felony: 8 to 24 years in prison and/or $5,000 to $1 million |
| Theft | If the value is less than $500, a class 5 felony: 1 to 3 years in prison and/or $1,000 to $100,000
If the value is $500 or more, a class 3 felony: 4 to 12 years in prison and/or $3,000 to $750,000 |
| Unlawful abandonment | Class 1 misdemeanor: Up to 364 days in jail and/or $1,000 |
Knowingly causing bodily injury to an elderly person is third-degree assault in Colorado.
3. Defenses
Here at Colorado Legal Defense Group, we have represented literally thousands of people charged with abuse, including elder abuse. In our experience, the following ten defenses have proven very effective with prosecutors, judges, and juries.
- The “elder” in your case was under 70 years old. We have seen charges where police arrest people for elder abuse without first verifying the alleged victim’s age.
- You were not a caretaker under Colorado law. Caretaker neglect charges cannot stand if you were, for example, only a neighbor, friend, or family member with no caretaker responsibilities.
- The injury was the result of an accident. Similar to children, elderly people are prone to falls and other accidents that have no criminal cause. We work with medical experts who can distinguish between injuries that were intentional or accidental.
- You were acting in accordance with the elder’s wishes. It is common for elderly people to have durable power of attorney, and you committed no crime as long as you were following the terms.
- You were acting consistently with prescribed medical care. For example, a doctor’s palliative care plan may allow you to administer high dosages of morphine that would ordinarily be illegal.
- You did not knowingly commit the alleged act. If you acted merely negligently as opposed to willfully, your charges could be reduced or dismissed.
- You acted in self-defense. This is one of our most common defenses. We see cases all the time where elderly people lash out due to frustration, senility, or medication-induced rage, and our clients did nothing wrong by fighting back in a proportional manner.
- The item allegedly stolen was valued at less than $500. This “partial defense” could get a class 3 felony theft charge reduced down to a class 5 felony charge.
- You acted in “the heat of passion.” This is also a “partial defense.” It could get a first-degree assault charge lessened down to a second-degree assault charge.
- The police committed misconduct. We investigate each case to uncover all the instances where law enforcement made mistakes. Unlawful searches, false arrests, or coerced confessions give us the opportunity to have incriminating evidence excluded from your case, which could force the D.A. to drop your charge for lack of proof.
For you to be convicted in Colorado, prosecutors have the burden to prove each element of the crime beyond a reasonable doubt. If we can show prosecutors that their evidence is too problematic or inadequate to sustain a guilty verdict, we may be able to get your case reduced or dismissed.
4. Reporting Elder Abuse
Call 911 if the victim is in immediate peril. Otherwise, report any type of elder abuse (from physical to financial) by calling Adult Protective Services in the county where the abuse is allegedly occurring:
APS will then investigate the matter. Depending on the case, APS may be able to ask a judge for:
- an emergency removal and/or
- guardianship for the elderly person
In addition to contacting APS, you can also file a police report. However, if only one person is causing trouble at your loved one’s care facility, you can try just reporting that person to management. If management then fires them, the problem can be solved without having to involve APS or the police.
5. Mandatory Reporters
Colorado law requires certain professionals to report any reasonable suspicions of elder abuse to police within 24 hours of the discovery. Examples of these professionals include:
- Health care providers
- First responders
- Veterinarians
- Psychologists
- Social workers
- School personnel
- Clergymen
Mandatory reporters who willfully fail to report elder abuse face class 2 misdemeanor charges, carrying up to 120 days in jail and/or a fine of up to $750.4
6. Signs of Elder Abuse
Ten common indications that an elderly person is being abused, neglected, or exploited are:
- weight loss, bed sores, bruises, and/or STDs
- missed doctor’s appointments
- lacking basic heat, air conditioning, electricity, water, and/or fresh food
- loss of enjoyment of life and/or seeming fearful around caretakers
- bad hygiene, dirty living conditions, or wearing dirty clothes or none at all
- the caretaker is controlling who the older person can see and how they get transported
- the caretaker humiliates, hits, slaps, chokes, kicks, or otherwise hurts the elderly person for an unjustifiable reason
- the caretaker threatens to harm the elderly person or their pet
- the elderly person is tied to a bed or wheelchair
- the elderly person is taking incorrect dosages of medication or none at all
7. Civil Actions
Elder abuse victims can bring what is called a “civil action for compensation” against their abuser (or abuser’s employer) in pursuit of some financial compensation. (If you have power of attorney, you can bring this legal action on the elderly person’s behalf.)
Note that elder abuse victims can seek civil actions for compensation whether or not Adult Protective Services and/or the police investigated or intervened in their case. The purpose is not to get anyone into trouble but instead to recover monetary damages.
8. Crisis Intervention
If you or someone you know is in immediate danger, call or text 911. Otherwise, contact Colorado’s Adult Protective Services (APS) to report abuse or for further guidance.
Additional resources for elder abuse victims are:
- Center for Trauma and Resilience (Denver Center for Crime Victims – Elderly and Disabled Services) – (303) 894-8000
- Colorado Coalition for Elder Rights and Prevention (CCERAP)
- Colorado Division of Aging and Adult Services (AAS)
- AARP Elder Watch – 1 (800) 222-4444
- U.S. Securities and Exchange Commission – Seniors – 1 (800) 732 -0330
- Seniors’ Resource Center – (303) 238-8151
- Aging and Disability Resource Center (ADRC) – (303) 480-6700
Further Reading
- Abuse of Older People, World Health Organization (WHO)
- Mandatory Reporting of Elder Abuse or Exploitation, Colorado Bar Association (CBA)
- Elder Abuse, National Institute on Aging (NIA)
- Get the Facts on Elder Abuse, National Council on Aging (NCOA)
- Fast Facts: Preventing Elder Abuse, Centers for Disease Control and Prevention (CDC)
Legal references:
- Elder Abuse and Financial Exploitation, Colorado Gerontological Society.
- CRS 18-6.5-102. It is also elder abuse to attempt, conspire, or solicit someone else to do any of the listed crimes.
- CRS 18-6.5-103. See also People v. Lovato (Colo.App. 2007) 179 P.3d 208; People v. McKinney (Colo. 2004) 99 P.3d 1038; People v. Nardine (Colo.App. 2016) 409 P.3d 441.
- CRS 18-6.5-108. Mandatory reporters include:
(I) Any person providing health care or health-care-related services, including general medical, surgical, or nursing services; medical, surgical, or nursing speciality services; dental services; vision services; pharmacy services; chiropractic services; naturopathic medicine services; or physical, occupational, musical, or other therapies;
(II)Hospital and long-term care facility personnel engaged in the admission, care, or treatment of patients;
(III)First responders including emergency medical service providers, fire protection personnel, law enforcement officers, and persons employed by, contracting with, or volunteering with any law enforcement agency, including victim advocates;
(IV)Medical examiners and coroners;
(V)Code enforcement officers;
(VI)Veterinarians;
(VII)Psychologists, addiction counselors, professional counselors, marriage and family therapists, and unlicensed psychotherapists, as those persons are defined in article 245 of title 12;
(VIII)Social workers, as defined in part 4 of article 245 of title 12;
(IX)Staff of community-centered boards;
(X)Staff, consultants, or independent contractors of service agencies as defined in section 25.5-10-202 (34), C.R.S.;
(XI)Staff or consultants for a licensed or unlicensed, certified or uncertified, care facility, agency, home, or governing board, including but not limited to long-term care facilities, home care agencies, or home health providers;
(XII)Staff of, or consultants for, a home care placement agency, as defined in section 25-27.5-102 (5), C.R.S.;
(XIII)Persons performing case management or assistant services for at-risk elders or at-risk adults with IDD;
(XIV)Staff of county departments of human or social services;
(XV)Staff of the state departments of human services, public health and environment, or health care policy and financing;
(XVI)Staff of senior congregate centers or senior research or outreach organizations;
(XVII)Staff, and staff of contracted providers, of area agencies on aging, except attorneys at law providing legal assistance to individuals pursuant to a contract with an area agency on aging, the staff of such attorneys at law, and the long-term care ombudsmen;
(XVIII)Employees, contractors, and volunteers operating specialized transportation services for at-risk elders and at-risk adults with IDD;
(XIX)Court-appointed guardians and conservators;
(XX)Personnel at schools serving persons in preschool through twelfth grade;
(XXI)Clergymembers; except that the reporting requirement described in paragraph (a) of this subsection (1) does not apply to a person who acquires reasonable cause to believe that an at-risk elder or an at-risk adult with IDD has been mistreated or has been exploited or is at imminent risk of mistreatment or exploitation during a communication about which the person may not be examined as a witness pursuant to section 13-90-107 (1)(c), C.R.S., unless the person also acquires such reasonable cause from a source other than such a communication; and
(A)Personnel of banks, savings and loan associations, credit unions, and other lending or financial institutions who directly observe in person the mistreatment of an at-risk elder or who have reasonable cause to believe that an at-risk elder has been mistreated or is at imminent risk of mistreatment; and
(B) Personnel of banks, savings and loan associations, credit unions, and other lending or financial institutions who directly observe in person the mistreatment of an at-risk adult with IDD or who have reasonable cause to believe that an at-risk adult with IDD has been mistreated or is at imminent risk of mistreatment by reason of actual knowledge of facts or circumstances indicating the mistreatment.