California Penal Code §368 — Elder Abuse
PC §368 protects victims 65 years or older (or 'dependent adults' as defined in WIC §15610.23) from physical abuse, mental suffering, endangerment, neglect, and financial exploitation. It is a wobbler across all subsections: misdemeanor up to 1 year jail; felony 2, 3, or 4 years prison. Additional consecutive enhancements apply when victim suffers great bodily injury (§368(b)(2)–(3)) or death (§368(b)(3): 5–7 additional years). Financial-abuse subsection §368(d)–(e) tracks theft penalties but with elder-specific aggravators.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Elder Abuse Cases in All LA County Courts
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01 — Quick Facts
PC §368 — Elder Abuse at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §368 — Crimes Against Elders and Dependent Adults |
| Code Type | Penal Code (PC) |
| Classification | Wobbler |
| Misdemeanor Penalty | Up to 1 year county jail |
| Felony Penalty | 2, 3, or 4 years state prison |
| GBI Enhancement | +3, 5, or 7 years |
| Death Enhancement | +5 or 7 years consecutive |
| Free Consultation | (213) 723-2337 — 24/7 |
01 — What Is PC §368?
What Is California Penal Code §368?
PC §368 Reads:
"Any person who knows or reasonably should know that a person is an elder or dependent adult and who, under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits any elder or dependent adult to suffer, or inflicts thereon unjustifiable physical pain or mental suffering... is punishable by imprisonment in a county jail not exceeding one year, or by a fine not to exceed $6,000, or by both that fine and imprisonment, or by imprisonment in the state prison for two, three, or four years."
— California Penal Code §368(b)(1)
PC §368 is California's omnibus elder-abuse statute, covering physical, mental, custodial, and financial abuse of any person 65 or older or any 'dependent adult' (WIC §15610.23 — a person 18–64 with physical or mental limitations restricting ability to carry out normal activities or protect their rights). The statute has five distinct subsections, each addressing a different form of abuse, and all wobblers. Financial abuse is the most-charged subsection statewide, but physical-abuse cases carry the most severe enhancements.
PC §368 Subsections Explained
§368(b) = physical abuse or endangerment likely to produce GBI/death. §368(c) = physical abuse without GBI/death likelihood (misdemeanor-only). §368(d) = financial abuse by a non-caretaker where value >$950. §368(e) = financial abuse by a caretaker. §368(f) = false imprisonment through violence, menace, fraud, or deceit. §368(g)–(i) define 'caretaker' and mandatory reporting.
PC §368(b) — Physical/Endangerment
Willful abuse or endangerment likely to cause GBI/death. Wobbler + GBI/death enhancements.
PC §368(d)–(e) — Financial Abuse
Theft, embezzlement, forgery, or fraud from elder. Wobbler tracking theft penalties with elder-specific aggravators.
Why §368 Enhancements Push Cases to Life-Level Exposure
§368 layers on top of nearly every other charge. Add elder-victim enhancements to assault, battery, theft, forgery, or ID theft and exposure grows dramatically. §368(b)(2) adds 3, 5, or 7 years when victim suffers GBI; §368(b)(3) adds 5 or 7 years when victim dies — consecutive to the base term. Financial-abuse §368(d)/(e) at $950+ triggers CIMT and aggravated-felony immigration exposure, professional-license revocation, and mandatory Adult Protective Services reporting.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §368
To convict under PC §368(b)(1) (the most common physical-abuse subsection), the People must prove each element beyond a reasonable doubt.
Willful Act or Failure to Act
The defendant willfully caused, permitted, or inflicted the abuse — not accidentally.
Under Circumstances Likely to Produce GBI or Death
The circumstances were objectively likely (not merely possible) to produce great bodily harm or death.
Victim Was Elder (65+) or Dependent Adult
Victim was 65+ (elder) or met the WIC §15610.23 dependent-adult definition (adult 18–64 with physical/mental limitations).
Knew or Reasonably Should Have Known Age/Status
Defendant knew or reasonably should have known of victim's protected status.
03 — Degrees
PC §368 — Tiers & Degrees
PC §368 has five subsections; the wobbler cut varies by conduct.
§368(b) — Physical / Endangerment
Willful abuse or endangerment likely to cause GBI/death. Plus §368(b)(2) GBI enhancement (+3/5/7) and §368(b)(3) death enhancement (+5/7).
§368(c) — Physical Without GBI Risk
Physical abuse where circumstances not likely to produce GBI/death. Straight misdemeanor.
§368(d)/(e) — Financial Abuse
Non-caretaker (§368(d)) or caretaker (§368(e)) financial abuse. Wobbler above $950 in loss, tracks theft framework.
§368(f) — False Imprisonment of Elder
False imprisonment through violence, menace, fraud, or deceit — straight felony under §368(f).
04 — Penalties
Penalties for PC §368 Elder Abuse in California
PC §368 exposure and commonly stacked charges.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| Physical Abuse — Felony (§368(b)) | PC §368(b)(1) | 2, 3, or 4 years prison | Available | No (yes if GBI) |
| Physical Abuse — Misdemeanor | PC §368(c) | Up to 1 year jail | Available | No |
| Financial Abuse — Felony | PC §368(d)/(e) | 2, 3, or 4 years prison | Available | No |
| Elder Death Enhancement | PC §368(b)(3) | +5 or 7 years consecutive | No | No |
Aggravating Companion Charges & Enhancements
GBI on Elder Enhancement
PC §368(b)(2)
Adds 3, 5, or 7 years consecutive when victim under 70 suffers GBI; 5 or 7 years when 70+.
Death of Elder Enhancement
PC §368(b)(3)
Adds 5 or 7 years consecutive when the abuse proximately causes death.
Battery on Elder
PC §243.25
Battery on person 65+ — misdemeanor up to 1 year jail; often stacked with §368.
Assault Causing GBI on Elder
PC §243.65
Assault likely to produce GBI on elder — wobbler; stacks with §368(b).
Aggravated White-Collar Crime
PC §186.11
Financial-abuse aggregate >$100,000 adds 1–5 years.
Collateral Consequences
- Mandatory Adult Protective Services (APS) reporting
- Elder Financial Abuse civil action — up to 3x damages and attorney fees (WIC §15657.5)
- Nursing-license revocation, RCFE license loss, mandatory-reporter status
- Probate/conservatorship disqualification
- Crime of moral turpitude — CIMT immigration exposure; aggravated felony above $10,000
- Firearms disability under PC §29800 (felony conviction)
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §368 Elder Abuse Charges
Rubin Law, P.C. defends §368 cases with medical experts, forensic accountants, and capacity/undue-influence challenges.
Consent by Competent Elder
Elder gifted, loaned, or authorized the transaction with full capacity. Bank statements, contemporaneous emails, and written authorizations can defeat the financial-abuse count.
Prob. Code §810 et seq.
No Willful Act — Accident / Medical Event
Physical injury was the result of accident, fall, or medical event — not willful abuse. Medical records and treating-physician testimony often control.
PC §368(b)(1)
Not an Elder / Dependent Adult
Victim under 65 and does not meet WIC §15610.23 dependent-adult criteria. Random adult with mild disability may fall outside statute.
WIC §15610.23
Caretaker-Burnout / Reasonable Discipline
Difficult caretaker scenarios (dementia patient, aggressive behavior) may not rise to willful abuse. Prosecution burden is high on 'circumstances likely to produce GBI.'
PC §368(b)
Lack of Knowledge / Undue Influence Not Present
Financial-abuse cases: no undue influence exerted, elder had independent counsel, transaction fully disclosed.
Prob. Code §86, WIC §15610.70
Illegal Search / Miranda Suppression
Custodial statements from caretaker suppressed under Miranda; financial records suppressed under §1538.5.
Miranda, PC §1538.5
Constitutional Sources
07 — Court Process
How PC §368 Elder Abuse Cases Move Through Los Angeles Courts
How a PC §368 elder-abuse case moves through LA County courts.
- 1
Step 1 — APS / Bank Referral
Cases typically originate from Adult Protective Services, bank Suspicious Activity Reports, family members, or physicians (mandatory reporters). Investigators subpoena bank records and interview elder.
- 2
Step 2 — Warrant / Arrest
Warrant executed on caretaker or family member. Do not consent to interview or device searches — early statements are the single biggest exposure risk.
- 3
Step 3 — Filing Decision
DA Elder Abuse Section files felony/wobbler counts. §368(b) endangerment and §368(d)/(e) financial almost always filed together where facts allow.
- 4
Step 4 — Arraignment / Protective Order
Charges read; protective order issued directing no contact with elder-victim; conservatorship petition often filed in parallel.
- 5
Step 5 — Preliminary Hearing
Cross-examine investigating detective, forensic accountant, and treating physician on capacity and 'likely to produce GBI' element.
- 6
Step 6 — Trial or Negotiated Disposition
Common outcomes: reduction to §243.25 battery, PC §17(b) wobbler reduction post-plea, or civil compromise with full restitution on financial cases.
Los Angeles Courts That Handle PC §368 Elder Abuse Cases
LA-area courts most commonly handling PC §368 filings.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Elder Abuse Defense Attorney
Daniel S. Rubin has defended clients charged with elder abuse and related offenses in Los Angeles County courts — including Clara Shortridge Foltz, Van Nuys, Compton, and Pomona. He understands that these cases are won in the details: the suppression hearing that eliminates key evidence, the preliminary hearing cross-examination that exposes a weak witness, the penalty phase argument that keeps a client out of the worst outcome.
This page was written and reviewed by Daniel A. Rubin, Los Angeles criminal defense attorney, CA State Bar 302093, with 10+ years of experience defending clients charged under PC §368 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Elder Abuse Cases Throughout LA County
09 — FAQs
PC §368 Elder Abuse Questions — Los Angeles
What is PC §368?
California's elder-abuse statute. It protects persons 65+ (and dependent adults 18–64 with limitations) from physical abuse, mental suffering, endangerment, neglect, and financial exploitation. All subsections are wobblers.
What is the penalty for PC §368?
Misdemeanor: up to 1 year county jail. Felony: 2, 3, or 4 years prison. Additional consecutive enhancements apply for great bodily injury (+3/5/7 years) or death (+5 or 7 years).
Is PC §368 a strike?
Not automatically. §368(b) becomes a strike only if paired with a GBI enhancement (§368(b)(2)) or the underlying conduct qualifies as a violent felony.
Who is a 'dependent adult' under §368?
Under WIC §15610.23, an adult 18–64 with physical or mental limitations restricting ability to carry out normal activities or protect their rights, including a resident of a 24-hour care facility.
What is elder financial abuse?
Any wrongful taking, appropriation, obtaining, or retention of an elder's real or personal property, or assistance in same, by an outsider (§368(d)) or caretaker (§368(e)). Wobbler above $950 in loss.
Are civil damages possible?
Yes. Welfare & Institutions Code §15657.5 allows treble damages and attorney fees for elder financial abuse. Civil cases run in parallel with criminal §368 prosecutions.
What are the immigration consequences?
§368 is a crime of moral turpitude and, at $10,000+ loss (financial-abuse subsections), an aggravated felony triggering mandatory removal.
What should I do if I'm accused?
Say nothing to APS, police, or family; do not sign any elder-authored declaration or return-of-property agreement; preserve bank statements and communications; call Rubin Law, P.C. immediately.
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Charged With PC §368 Elder Abuse in Los Angeles?
§368 is a wobbler with felony prison, GBI/death enhancements, treble civil damages, and mandatory APS reporting. Rubin Law, P.C. defends caretakers, family members, and professional fiduciaries. Call now.