State law imposes enhanced penalties for causing them physical, mental, or financial harm. Many of these cases occur in nursing facilities or in multi-generational family homes.
Examples
- Adult children beating their parents for being a burden
- Nursing-home workers withholding food from residents as punishment for acting out
- Scammers bilking money out of a dementia patient
Penalties
The D.A. prosecutes first-time convictions of elder abuse as either a gross misdemeanor or category C felony. A gross misdemeanor carries:
- Up to 364 days in jail and/or up to $2,000 in fines, and
- Victim restitution
A category C felony carries:
- 1 to 5 years in Nevada State Prison, and
- Up to $10,000 in fines (at the judge’s discretion), and
- Victim restitution
But if the victim sustained substantial bodily harm or mental harm, a first-time conviction is a category B felony. The sentence is 2 to 20 years in prison.
Penalties for elder exploitation turn on the amount of money the victim lost.
Defenses
Common defenses to NRS 200.5099 violations include:
- The defendant acted in self-defense,
- The defendant did not cause the injuries, or
- The defendant was falsely accused
In this article, our Las Vegas criminal defense attorneys discuss:
- 1. What is elder abuse in Nevada?
- 2. What are common defenses?
- 3. What are the penalties under NRS 200.5099?
- 4. Can elder abuse victims sue in Nevada?
1. What is elder abuse in Nevada?
Harming people age 60 or older is a Nevada crime. This includes physical, mental, or financial harm. There are five different types of elder crimes:
1.1. Elder abuse
Nevada’s legal definition of elder abuse is the willful and unjustified:
- Infliction of pain, injury, or mental anguish, or
- The deprivation of food, shelter, clothing, or services necessary to maintain physical or mental health.
Elder abuse is a broad offense. It encompasses any behavior that can cause physical or mental harm. Examples of elder abuse include:
- Hitting, kicking, or punching;
- Constantly yelling at the person;
- Keeping the person in a too-hot or too-cold room;
- Starving; or
- Not giving the person necessary medication
1.2. Elder neglect
Nevada’s legal definition of elder neglect is defying legal or contractual obligations to provide care.
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 for elder neglect. She does not live up to her contractual obligation to care for Tom’s dad.
It does not matter if Tom’s dad in the above example sustains no serious injuries. Neglectful behavior in itself is a crime.
1.3. Elder isolation
Nevada’s legal definition of elder isolation is willfully, maliciously, and intentionally preventing human contact. This typically occurs with elderly victims who are unable to walk or otherwise have limited mobility.
1.4. Elder exploitation
Nevada’s legal definition of elder exploitation occurs when a person:
- Has trust or power of attorney over the victim, and
- Deceptively obtains control of the victim’s assets or deprives him/her of the assets.
These cases often involve tricking an elderly person into:
- Changing their will,
- Transferring deeds, or
- Signing over their bank accounts
1.5. Elder abandonment
Nevada’s legal definition of elder abandonment occurs when caretakers:
- Desert the elderly in an unsafe manner, or
- Withdraw 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 to get home.1
2. What are common defenses?
Caretakers and family members are often wrongfully accused of abusing elderly people in Nevada. Three common ways to fight elder crime charges include the following:
- The defendant acted in self-defense. As long as the defendant reasonably believed he/she was about to be harmed -- and responded with proportional force -- then no crime occurred.
- The defendant did not cause the injury. Like children, elderly people are prone to hurting themselves. And police may misconstrue their bruises as abuse. But charges should not stand if there is no evidence the defendant caused the harm.2
- The defendant was falsely accused. People make untrue allegations all the time out of anger or revenge. But it may be possible to show they are lying.
Example: Myra takes care of her elderly mother Mona. 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 police arrest Myra. But her 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.
3. What are the penalties under NRS 200.5099?
Nevada’s elder crime punishments depend on the type of the harm.3
Crime against people 60 and over | Nevada sentence* |
| Elder abuse or neglect, if the victim sustains no substantial mental or bodily harm or death | 1st offense The court will decide whether it is a category C felony or a gross misdemeanor. Category C felony:
Gross misdemeanor:
|
Subsequent offense Category B felony:
| |
| Elder abuse or neglect, and the victim sustains substantial mental or bodily harm or death | Category B felony:
|
| Elder exploitation | 1st offense If the property obtained is less than $650 – or if the value is undetermined – the court will decide whether it is a category C felony or a gross misdemeanor. Category C felony:
Gross misdemeanor:
If the property obtained is $650 to less than $5,000, it is a category B felony:
If the property is $5,000 or more, it is a category B felony:
|
Subsequent offense (no matter the value) Category B felony:
| |
| Elder isolation or abandonment | 1st offense The court will decide whether it is a category C felony or a gross misdemeanor. Category C felony:
Gross misdemeanor:
|
Subsequent offense Category B felony:
| |
| Conspiracy to commit an elder crime | 1st offense Gross misdemeanor:
|
Subsequent offense Category B felony:
| |
| Willfully failing to report elder abuse^ | Misdemeanor:
|
| *The court can order restitution in addition to all other penalties | |
| ^Physicians, social workers, certain other professionals have a legal duty to report elder abuse to the authorities, such as the Aging and Disability Services Division of the Nevada Department of Health of Human Services. | |
4. Can elder abuse victims sue in Nevada?
Yes. Older adults who have been physically, mentally, or financially abused may sue the perpetrators for financial settlements. Depending on the case, potential legal claims may include:
- Elder abuse,4
- Battery,
- False imprisonment,
- Negligent infliction of emotional distress,
- Intentional infliction of emotional distress,
- Fraud, and/or
- Conversion (theft)
Nursing home abuse lawsuits are common. Elderly residents are at the mercy of undertrained and understaffed facilities. And many residents are needlessly getting sick and dying from COVID-19. The spread could have been avoided had staff taken more safeguards and supplied with protective gear.
Have You been arrested? Call us now . . .
Arrested in Nevada for elder abuse? Our Las Vegas criminal defense lawyers can help. We know how emotionally taxing these matters are. We will fight to get the charges reduced or dismissed.
Call or fill out the form on this page. Consultations are free.
In California? Learn about elder abuse laws (PC 368).
In Colorado? Learn about elder abuse laws (CRS 18-6.5-103).
Legal References:
- NRS 200.5091; NRS 200.5092.
- See Vallery v. State, 118 Nev. 357, 46 P.3d 66, 118 Nev. Adv. Rep. 37 (2002).
- NRS 200.5099; NRS 200.50995; NRS 200.5093; see also NRS 200.5095.
- NRS 41.1395; DeRuise v. Progressive Cas. Ins. Co. Inc., 3:11-CV-00136-ECR (D. Nev. Aug. 17, 2011).