NRS 200.5099 is the Nevada law that makes it a crime to abuse, neglect or exploit people 60 years of age or older. Elder abuse and neglect is prosecuted as a gross misdemeanor or a class C felony, and carries a penalty of
- up to 5 years in prison and
- up to $10,000 in fines.
The penalty can increase to up to 20 years in prison if the victim of abuse suffers substantial bodily or mental harm.
Examples
- Adult children beating their parents for being a burden
- Nursing-home elder care facility workers withholding food from residents as punishment for acting out
- Scammers bilking money out of a dementia patient
Many elder mistreatment/adult abuse cases occur in nursing facilities or in multi-generational family homes.
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 victims of elder abuse bring a civil lawsuit?
- 5. How do I report elder abuse?
- 6. What about guardianships and power of attorney?
- 7. Resources
Older person abuse is a broad Nevada crime. It comprises physical or mental abuse, neglect, isolation, abandonment, and financial exploitation.
1. What is elder abuse in Nevada?
Harming people age 60 or older is a Nevada crime. Elder abuse comprises many types of abuse, including physical abuse and neglect, domestic violence, emotional abuse, psychological abuse, and financial abuse.
There are five different forms of elder abuse under Nevada law:
1.1. Elder abuse
Nevada’s legal definition of abusing elders is willful and unjustified:
- Infliction of physical pain, physical abuse, injury, or mental anguish, or
- The deprivation of food, shelter, clothing, or services necessary to maintain physical or mental health.
Abuse of elderly people is a broad offense. It encompasses any behavior that can cause physical or mental harm. Examples of abusing the elderly 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 the necessary medication and medical care.
Warning signs of elder abuse include bruises, broken eyeglasses, depression, and being afraid to speak up.
Note that if the abuse involved sexual abuse, district attorneys would bring charges for sexual assault or open and gross lewdness in Nevada. Warning signs may include STIs and genital bruising.
1.2. Elder neglect
Nevada’s legal definition of neglect of older people is defying legal or contractual obligations to provide care.
Example: Tom hires Angela to care for his sick father in Clark County while he is at work. Angela’s job as a caregiver is to feed, bathe, and tend to his needs and to bring him to a health care provider when necessary. 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.
That being said, signs of elder neglect – especially in assisted living homes – are bed sores, weight loss, pill bottles that have not been refilled, and broken bones (from falls). Victims are often in clothes that are too hot or cold for the weather and may show signs of dehydration and malnutrition.
1.3. Elder isolation
Nevada’s legal definition of isolation of older people is willfully, maliciously, and intentionally preventing human contact. This typically occurs with elderly victims who
- are unable to walk or
- otherwise have limited mobility.
Sometimes victims are physically restrained, and the abuser may falsely tell outside people that the elderly person does not want visitors.
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 them of the assets.
These cases often involve tricking or using undue influence on an elderly person into:
- Changing their will,
- Transferring deeds, or
- Signing over their bank accounts
1.5. Elder abandonment
Nevada’s legal definition of abandonment of older people 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
Self-defense is a defense to NRS 200.5099 charges.
2. What are common defenses?
Caretakers and family members are often wrongfully accused of abusing older people. Three common ways to fight elder crime charges in the state of Nevada include the following:
- The defendant acted in self-defense. As long as the defendant reasonably believed they were 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 elder protective services and 911, claiming to the law enforcement agency that Myra attacked her. The police department officers sympathize with Mona for being a dependent adult, and they arrest Myra for suspected abuse. 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 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 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 a crime against elderly people | 1st offense Gross misdemeanor:
|
| Subsequent offense Category B felony:
| |
| Willfully failing to report abuse of elderly people^ | 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 victims of elder abuse bring a civil lawsuit?
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 been supplied with protective gear.
5. How do I report elder abuse?
If the elderly person is in immediate danger, call 911.
Otherwise, to report suspected abuse contact Adult Protective Services (APS) at this social services hotline: 888-729-0571. (After hours, you can call the Crisis Call Center at 800-992-5757.)
If the suspected vulnerable person abuse is in Clark County, local calls can be made to 702-486-6930.
6. What about guardianships and power of attorney?
If an elderly person lacks decision-making capacity, the court can appoint someone else as that person’s guardian to make decisions in the elderly person’s best interest and that are consistent with their wishes.
Often courts appoint a close family member or friend to be an elderly person’s guardian; otherwise, courts can appoint a public guardian. Learn more about guardianship rules and find court forms at the Nevada Self-Help Center guardianship page.5
While an elderly person still has decision-making capacity, they may want to create a “durable power of attorney” document. This is where they name someone they trust to make financial and/or healthcare decisions on their behalf if they ever become incapacitated in the future. Learn more at the Nevada State Bar power of attorney website.
7. Resources
- Department of Health and Human Services Adult Protective Services
- Department of Health and Human Services Aging and Disability Services Division
- Crisis Support Services of Nevada
- National Adult Protective Services Association
- Nevada Care Connection
- Office for Victims of Crime – Department of Justice (ovc.ojp.gov)
- National Center on Elder Abuse (NCEA)
- Violence Prevention – CDC
- Eldercare Locator
- Nevada Senior Services
- UNR Sanford Center for Aging
See our related article on mandated reporters in Nevada.
In California? Learn about Penal Code 368 PC.
In Colorado? Learn about CRS 18-6.5-103.
Legal References:
- NRS 200.5091; Nevada Revised Statute 200.5092.
- See Vallery v. State, (2002) 118 Nev. 357, 46 P.3d 66, 118 Nev. Adv. Rep. 37.
- NRS 200.5099; NRS 200.50995; NRS 200.5093; see also NRS 200.5095.
- NRS 41.1395; DeRuise v. Progressive Cas. Ins. Co. Inc., (D. Nev., 2011) 3:11-CV-00136-ECR.
- NRS 252.150--250; NRS 159.024.