Elder Abuse and Exploitation Laws by State (2026)
How each state handles elder abuse, from each state's code and official agencies.
| State | Elder abuse |
|---|---|
| Alabama | Alabama's elder abuse crimes protect people 60 or older. Elder abuse and neglect in the first degree (intentional abuse or neglect causing serious physical injury) is a Class A felony; second degree (intentional abuse causing physical injury, reckless abuse causing serious physical injury, or a repeat after a third-degree conviction) is a Class B felony; third degree (reckless abuse or neglect causing physical injury, or reckless emotional abuse) is a Class A misdemeanor. Financial exploitation of an elderly person is a Class B felony if more than $2,500 is taken, a Class C felony for more than $500 up to $2,500, and a Class A misdemeanor for $500 or less. Ala. Code 1975 §§ 13A-6-191(3), 13A-6-192 to 13A-6-197 |
| Alaska | Alaska's crime of endangering the welfare of a vulnerable adult covers people 18 or older who, because of incapacity, illness, disability, advanced age or similar reasons, cannot meet their own needs or seek help (there is no separate age threshold). Second degree: failing without lawful excuse to provide support (food, care, clothing, shelter, medical attention) to a vulnerable adult in the person's care by contract, by law, or in a state-licensed facility or program, a class A misdemeanor (up to 1 year). First degree: intentionally abandoning such a vulnerable adult under circumstances creating a substantial risk of physical injury, or a second-degree violation that causes serious physical injury, a class C felony (up to 5 years). Physical assaults on vulnerable adults are charged under the general assault statutes. AS 11.51.200, 11.51.210, 11.51.220; AS 47.24.900(21) |
| Arizona | Arizona's abuse statute covers vulnerable adults, meaning anyone 18 or older who cannot protect themselves from abuse, neglect or exploitation because of a mental or physical impairment (it is not age-based). A caregiver or other person who causes or permits injury or endangerment of a vulnerable adult in circumstances likely to cause death or serious physical injury commits a class 2 felony if done intentionally or knowingly, class 3 if reckless, and class 4 if criminally negligent; in other circumstances it is a class 4, 5 or 6 felony by the same mental states. Financial exploitation by a person in a position of trust is addressed by a civil statute that requires using a vulnerable adult's assets only for that adult's benefit and allows suits for damages. A.R.S. §§ 13-3623(A), (B), (F)(6); 46-456(A) |
| Arkansas | Arkansas punishes abuse of an 'endangered' or 'impaired' person, which covers adults (an impaired person is 18 or older and unable to protect themselves because of a mental or physical impairment, and long-term care residents are presumed impaired), rather than setting an age. Purposely abusing such a person and causing serious physical injury or a substantial risk of death is a Class B felony; purposely abusing an adult endangered or impaired person and causing physical injury is a Class D felony; other abuse is a Class B misdemeanor. Exploitation (illegal or unauthorized use of the person's funds, including misuse of a power of attorney or guardianship) is a Class B felony for $2,500 or more, a Class C felony for more than $200 but under $2,500, and a Class A misdemeanor for $200 or less. Separately, knowingly causing physical injury to someone 60 or older is second-degree battery, a Class D felony. Ark. Code §§ 5-28-101(5), (6), (8); 5-28-103(b), (d); 5-13-202(a)(4), (b) |
| California | California's elder and dependent adult abuse crime covers willfully causing or permitting an elder or dependent adult to suffer, or inflicting unjustifiable physical pain or mental suffering, or (for a caregiver) letting them be injured or endangered. Under circumstances likely to produce great bodily harm or death it can be a misdemeanor (up to one year in county jail and/or a $6,000 fine) or a felony (2, 3 or 4 years in state prison), with an added 3 years for great bodily injury (5 if the victim is 70 or older) and 5 years if the victim dies (7 if 70 or older); in other circumstances it is a misdemeanor (up to six months and/or $1,000). Theft, embezzlement, forgery, fraud or identity theft against an elder or dependent adult is a misdemeanor (up to one year and/or $1,000) for $950 or less, and above $950 can be a misdemeanor (up to one year and/or $2,500) or a felony (2, 3 or 4 years in county jail and/or $10,000). Penal Code § 368(b)-(e) (as summarized by the California Attorney General, Division of Medi-Cal Fraud and Elder Abuse, Elder Abuse Laws (Criminal)) |
| Colorado | Colorado's crimes against at-risk persons cover at-risk elders (70 or older) and adults with disabilities. Assault on an at-risk person is upgraded: first-degree assault becomes a class 2 felony, second-degree a class 3 felony, and third-degree a class 6 felony. Criminally negligent harm is a class 4 felony if it causes death, class 5 for serious bodily injury and class 6 for bodily injury; knowing caretaker neglect is a class 1 misdemeanor. Theft from an at-risk person in their presence, in a position of trust or knowing they are at risk is a class 5 felony under $500 and a class 3 felony at $500 or more, and criminal exploitation (using deception, harassment, intimidation or undue influence to take something of value) is a class 5 felony under $500 and a class 3 felony at $500 or more. C.R.S. §§ 18-6.5-102(2), (3); 18-6.5-103(2), (3), (5), (6), (7.5) |
| Connecticut | Connecticut makes it a crime to abuse an elderly person (60 or older), a blind or disabled person or a person with intellectual disability, meaning repeated acts or omissions causing injury: first degree (intentional, serious injury) is a class C felony (1 to 10 years); second degree is a class D felony (up to 5 years); third degree is a class A misdemeanor (up to 1 year). Assaulting someone 60 or older is charged as enhanced assault with time that cannot be suspended: first degree (class B felony, 5 years), second degree (class D felony, 2 years; 3 years with a firearm) and third degree (class A misdemeanor, 1 year). Financial exploitation: taking property by embezzlement, false pretenses or false promise from a victim 60 or older, a conserved person, or a blind or disabled person is second-degree larceny, a class C felony, regardless of the amount. Conn. Gen. Stat. §§ 53a-320 to 53a-323; 53a-59a, 53a-60b, 53a-60c, 53a-61a; 53a-123(a)(4) |
| Delaware | Abusing, neglecting, exploiting or mistreating an 'adult who is impaired' (18 or older and substantially unable to care for themselves because of a disability) is a class A misdemeanor, a class D felony if it causes bodily harm, permanent disfigurement or disability, and a class A felony if it causes death. Financial exploitation of an impaired adult is graded by amount: under $500 class A misdemeanor; $500 to under $5,000 class G felony; $5,000 to under $10,000 class E; $10,000 to under $50,000 class D; $50,000 or more (or any repeat conviction) class C. Separately, committing listed crimes such as assault or theft against a 'vulnerable adult' raises the grade one step (class A misdemeanor to class G felony, D-G felonies one class higher), and injuring a person 62 or older is second-degree assault (class D felony) or, for serious injury, first-degree assault (class B felony). 31 Del. C. §§ 3902, 3913; 11 Del. C. §§ 1105, 612(a)(6), 613(a)(7) |
| District of Columbia | D.C. makes it a crime to abuse or neglect a vulnerable adult (18 or older with a substantially limiting physical or mental impairment) or an elderly person (65 or older): up to 180 days, up to 10 years if it causes serious bodily injury or severe mental distress, and up to 20 years if it causes permanent bodily harm or death. Financial exploitation of a vulnerable adult or elderly person is punishable by up to 10 years when the property is worth $1,000 or more, otherwise up to 180 days, and up to 15 years after two prior convictions, with restitution required first. Separately, crimes of violence, theft, fraud, identity theft and financial exploitation against someone 65 or older can be punished by up to 1 1/2 times the normal maximum. D.C. Code §§ 22-932, 22-936, 22-936.01, 22-3601 |
| Florida | Florida protects an 'elderly person' (60 or older whose ability to care for or protect themselves is impaired by aging) and a 'disabled adult.' Abuse is a third-degree felony; aggravated abuse (aggravated battery, torture or caging, or abuse causing great bodily harm or permanent disability) is a first-degree felony. Neglect by a caregiver is a third-degree felony, or second degree if it causes great bodily harm, permanent disability or disfigurement. Financial exploitation is graded by value: $50,000 or more is a first-degree felony, $10,000 to under $50,000 second degree, and under $10,000 third degree. Fla. Stat. §§ 825.101(3)-(4), 825.102, 825.103 |
| Georgia | Knowingly and willfully exploiting, abusing (inflicting physical pain, injury, sexual abuse, mental anguish or unreasonable confinement) or neglecting (depriving of essential services) an elder person (65 or older), a disabled adult (18 or older and mentally or physically incapacitated, or with Alzheimer's or dementia), or a long-term care resident is a felony punishable by 1 to 20 years, a fine up to $50,000, or both. Intimidating such a person who is the subject of a report, or obstructing an investigation, is a misdemeanor of a high and aggravated nature. Aggravated assault on a person 65 or older carries 3 to 20 years, and simple battery on a person 65 or older is a misdemeanor of a high and aggravated nature. O.C.G.A. §§ 16-5-100(3)-(4), 16-5-102, 16-5-21(d), 16-5-23(c) |
| Hawaii | Hawaii adds mandatory minimum prison terms, without parole, when a person committing a felony causes death or serious or substantial bodily injury to someone 60 or older (or a blind, paraplegic or quadriplegic person, or a child 8 or younger): 15 years for second-degree murder, 6 years 8 months for a class A felony, 3 years 4 months for class B and 1 year 8 months for class C. Haw. Rev. Stat. § 706-660.2 |
| Idaho | Idaho's crime covers 'vulnerable adults': people 18 or older who cannot protect themselves from abuse, neglect or exploitation because of a physical or mental impairment; it is not based on age alone. Abuse or neglect likely to produce great bodily harm or death is a felony punishable by up to 10 years and a fine up to $25,000; other abuse or neglect is a misdemeanor. Financial exploitation is a misdemeanor, or a felony (up to 10 years and $25,000) if the monetary damage exceeds $1,000. Idaho Code § 18-1505 |
| Illinois | Illinois covers people 60 or older. Criminal abuse or neglect of an elderly person (60 or older and unable to care for themselves) or a person with a disability by a caregiver, such as endangering their life or health, abandoning them, physically abusing or intimidating them, or willful deprivation, is a Class 3 felony (2 to 5 years), or a Class 2 felony with 3 to 14 years if the victim dies. Abuse of a long-term care facility resident is a Class 3 felony; criminal neglect of a resident is a Class 4 felony (Class 3 if death results). Financial exploitation of an elderly person (60 or older) or a person with a disability by someone in a position of trust is a Class 4 felony for $300 or less, Class 3 for $300 to under $5,000, Class 2 for $5,000 to under $50,000, and Class 1 for $50,000 or more, or $15,000 or more if the victim is 70 or older, or $5,000 or more if the victim is 80 or older. Battery of a person 60 or older is aggravated battery. 720 ILCS 5/12-4.4a(a), (b), (d), (e); 720 ILCS 5/17-56(a)-(c); 720 ILCS 5/12-3.05(d)(1) |
| Indiana | Indiana protects 'endangered adults': people 18 or older who, because of mental illness, intellectual disability, dementia or other incapacity, cannot manage their property or self-care and are harmed or threatened by neglect, battery or exploitation (there is no age-60 rule). Battery against an endangered adult is a Level 6 felony (6 months to 2 1/2 years); a Level 5 felony if it causes bodily injury; Level 4 if it causes serious bodily injury; and Level 2 if it causes death. Recklessly using an endangered adult's or dependent's property or services for someone else's profit, or self-dealing by a person in a position of trust, is exploitation, a Class A misdemeanor, or a Level 6 felony with a prior conviction. Neglect of a dependent (including a person of any age with a mental or physical disability) in one's care is a Level 6 felony and higher with injury or death. Knowingly failing to report suspected battery, neglect or exploitation of an endangered adult is a Class B misdemeanor. IC 12-10-3-2; IC 35-42-2-1(e)(5), (h)(5)(D), (j), (l)(2); IC 35-46-1-12(b)-(c); IC 35-46-1-4; IC 35-46-1-13(a) |
| Iowa | Iowa's elder abuse crime protects an 'older individual': a person 60 or older who cannot protect himself or herself from abuse because of a mental or physical condition or personal circumstance. Elder abuse covers physical abuse, emotional abuse, neglect, isolation and sexual exploitation. A first offense is a class C felony if intentional abuse causes serious injury; a class D felony if reckless abuse causes serious injury or intentional abuse causes physical injury or psychological harm; an aggravated misdemeanor if reckless abuse causes physical injury or psychological harm; and otherwise a serious misdemeanor for intentional elder abuse. Repeat offenses move up to class B, C or D felonies. Separately, assaulting anyone 60 or older carries enhanced grades and a 2-day mandatory jail minimum, and theft from a person 60 or older is punished one grade higher than ordinary theft (for example, third-degree theft becomes a class D felony). Iowa Code §§ 726.24, 708.2D, 714.2A (Iowa Code 2026) |
| Kansas | Kansas's crime of mistreatment of a dependent adult or an elder person covers anyone 60 or older (and dependent adults 18 or older who cannot protect their own interests). Physically injuring, unreasonably confining or punishing the person is a severity level 5 person felony (level 2 for an adult-care-home resident who is a dependent adult). Financial exploitation is graded by amount: severity level 2 for $1,000,000 or more, level 3 for $250,000 up to $1,000,000, level 4 for $100,000 up to $250,000, level 5 for $25,000 up to $100,000, level 7 for $1,500 up to $25,000, and a class A person misdemeanor under $1,500 (level 7 with two prior convictions in five years). Withholding necessary treatment, goods or services is a severity level 8 person felony (level 5 for an adult-care-home resident). K.S.A. 21-5417 |
| Kentucky | Kentucky's adult abuse crimes protect any 'adult' 18 or older who, because of mental or physical dysfunction, cannot manage their resources, carry out daily living activities, or protect themselves from neglect, exploitation or abuse; there is no separate age-based elder crime in this chapter. Knowingly abusing or neglecting such an adult is a Class C felony (5-10 years), wantonly is a Class D felony (1-5 years), and recklessly is a Class A misdemeanor. Knowingly exploiting such an adult causing a loss over $300 is a Class C felony; wantonly or recklessly, a Class D felony; a loss of $300 or less is a Class A misdemeanor. A defendant who does not return the property or keep up court-ordered payments becomes civilly liable for triple damages. KRS 209.990, 209.020 |
| Louisiana | Louisiana's elder abuse crimes protect people 60 or older, as well as people with infirmities and adults with disabilities. Cruelty to the elderly and persons with infirmities (intentional or criminally negligent mistreatment or neglect, including by a caregiver, causing unjustifiable pain or suffering) carries up to 10 years and/or a fine of up to $10,000, with at least one year without parole if intentional and malicious; a second conviction carries 5 to 10 years at hard labor. Second degree cruelty, which causes serious bodily injury, carries up to 40 years at hard labor. Financial exploitation (using an elderly person's money or property without consent or by fraud, or misusing a power of attorney or guardianship) carries up to 10 years and/or a fine of up to $10,000 (second conviction: 1 to 10 years and up to $20,000), plus full restitution and a ban on handling the victim's assets. Simple battery of persons with infirmities carries a fine of up to $500 and 30 days to six months. La. R.S. 14:93.3, 14:93.3.1, 14:93.4, 14:35.2 |
| Maine | Maine's main crime for abusing or neglecting a vulnerable older person is endangering the welfare of a dependent person. A 'dependent person' is someone who relies on others for care because of significant limits in mobility, vision, hearing or mental functioning, or because advanced age or illness keeps them from caring for themselves. Recklessly endangering a dependent person's health, safety or mental welfare is a Class D crime, and doing it intentionally or knowingly is Class C; cutting a dependent person off from visitors, mail or phone calls to gain undue influence over them is Class D if reckless and Class C if intentional or knowing. One stated purpose of Maine's sentencing law is to permit sentences that reflect the victim's advanced age. 17-A M.R.S. §555; §1501(8)(A) |
| Maryland | Maryland protects 'vulnerable adults' (adults who lack the physical or mental capacity to provide for their daily needs). First-degree abuse or neglect of a vulnerable adult by a caregiver, parent, family or household member, or other person responsible for supervision, causing death, serious physical injury or sexual abuse, is a felony punishable by up to 10 years and/or a $10,000 fine; second-degree abuse or neglect (including intentionally inflicting severe emotional distress) is a misdemeanor punishable by up to 5 years and/or $5,000. Financial exploitation, meaning obtaining property by deception, intimidation or undue influence from a vulnerable adult or anyone at least 68 years old, is graded by value: under $1,500 is a misdemeanor (up to 1 year and/or $500), and $1,500 or more is a felony with up to 5, 10 or 20 years depending on the amount, plus required restitution. Md. Code, Crim. Law §§3-604, 3-605, 8-801 |
| Massachusetts | Massachusetts protects people 60 or older ('elders') and people with disabilities. Assault and battery on an elder or person with a disability causing bodily injury carries up to 5 years in state prison (or 2.5 years in a house of correction) and/or a $1,000 fine; causing serious bodily injury carries up to 10 years and/or $5,000. A caretaker who wantonly or recklessly permits bodily injury or an assault causing bodily injury faces up to 5 years and/or $5,000; who commits or permits abuse, neglect or mistreatment faces up to 3 years and/or $5,000; and who permits serious bodily injury faces up to 10 years and/or $10,000. G.L. c. 265, §13K |
| Michigan | Michigan's vulnerable adult abuse law protects adults 18 or older who, because of age, disability or illness, need supervision or personal care. Abuse by a caregiver ranges from fourth degree (reckless physical harm or an unreasonable risk of harm; misdemeanor, up to 1 year and/or $1,000) and third degree (intentional physical harm; misdemeanor, up to 2 years and/or $2,500) to second degree (reckless serious physical or mental harm; felony, up to 4 years and/or $5,000) and first degree (intentional serious physical or mental harm; felony, up to 15 years and/or $10,000). Financially exploiting a vulnerable adult through fraud, deceit, coercion or unjust enrichment is graded by value, from a misdemeanor under $200 (up to 93 days) up to a felony of up to 20 years for $100,000 or more. MCL 750.145m(u); MCL 750.145n; MCL 750.174a |
| Minnesota | Minnesota's crimes protect 'vulnerable adults' (people 18 or older who live in or receive services from care facilities or licensed home care, or who have an infirmity or dysfunction that impairs their ability to care for or protect themselves); there is no separate age-based elder crime in these sections. Criminal abuse by a caregiver carries up to 15 years and/or $30,000 if it causes death, 10 years if great bodily harm, 5 years if substantial bodily harm, and otherwise up to 364 days. Criminal neglect is a gross misdemeanor, and intentional deprivation of food, care or supervision is a felony of up to 10 years (great bodily harm) or 5 years (substantial bodily harm). Financial exploitation is punished like theft, by the amount taken. Assaulting a vulnerable adult and causing demonstrable bodily harm is fourth-degree assault, a gross misdemeanor. Minn. Stat. §§609.232, subd. 11; 609.2325; 609.233; 609.2335; 609.2231, subd. 8 |
| Mississippi | Mississippi protects 'vulnerable persons' of any age whose ability to care for or protect themselves is impaired by a mental, emotional, physical or developmental disability, brain damage or the infirmities of aging, and all residents or patients of care facilities. Willful abuse or neglect causing pain, injury or mental anguish is a misdemeanor (up to $1,000 and/or 1 year in county jail). Financial exploitation under $250 is a misdemeanor (up to $5,000 and/or 1 year); $250 or more is a felony with up to 10 years. Willfully inflicting physical pain or injury (felonious abuse or battery) carries up to 20 years, and inflicting severe mental anguish, or a third misdemeanor under the section within five years, carries 1 to 5 years plus a $2,000 to $5,000 fine. Separately, assaulting a person 65 or older raises simple assault to up to 5 years and aggravated assault to up to 30 years. Miss. Code Ann. §§ 43-47-5(i), (q), 43-47-19, 97-3-7(1)(b), (2)(b), (14)(c) |
| Missouri | Missouri defines an 'elderly person' as someone 60 or older. Abuse of an elderly person, a person with a disability or a vulnerable person (repeated conduct causing emotional distress, intentionally failing to provide care, or knowingly creating a substantial risk to life or health) is a class A misdemeanor. Financial exploitation of an elderly person or person with a disability by deceit, coercion or undue influence (including misuse of a power of attorney) is a class A misdemeanor under $50, and a felony from $50 (class E) up to $75,000 or more (class A). Physical assaults on elderly persons are charged as assault with 'special victim' enhancement, which raises each degree (for example, third-degree assault from a class E to a class D felony). RSMo §§ 556.061(25), 565.184, 570.145, 565.002 (special victim), 565.054 |
| Montana | Montana's 2025 law (H.B. 532, ch. 484) moved elder abuse crimes into the criminal code. A 'vulnerable adult' is anyone 60 or older, or an adult 18 or older with a physical or mental impairment that substantially limits self-care or a developmental disability. Purposely or knowingly abusing, sexually abusing or neglecting a vulnerable adult is a felony punishable by up to 10 years and/or up to $10,000; negligent abuse is a misdemeanor (up to $1,000 and/or 1 year in county jail) the first time and a felony after that. Posting or sharing photos or video meant to demean a vulnerable adult in a private place is a misdemeanor (up to $500 and/or 6 months), then a felony. Financially exploiting a vulnerable or incapacitated adult by deception, duress, fraud, undue influence or intimidation, by someone in a position of trust, a business relationship, or acting as agent, conservator or guardian, carries up to 10 years and/or up to $10,000. MCA §§ 45-5-801, 45-5-802, 45-5-804 |
| Nebraska | Nebraska protects 'senior adults' (65 or older) and 'vulnerable adults' (18 or older with a substantial mental or functional impairment, or with a court-appointed guardian or conservator). Knowingly and intentionally causing or permitting such a person to be physically injured, unreasonably confined, sexually abused, exploited, cruelly punished, neglected or sexually exploited is a Class IIIA felony (up to 3 years plus post-release supervision and/or $10,000). 'Exploitation' means wrongfully taking or using the person's money or property through undue influence, deception, extortion, intimidation, isolation or breach of a fiduciary duty, including by a guardian, conservator or agent under a power of attorney. Neb. Rev. Stat. §§ 28-366.01, 28-371, 28-358, 28-386 |
| Nevada | Nevada protects 'older persons' (60 or older) and 'vulnerable persons' (18 or older with a physical or mental incapacity or limitations on daily activities). Abuse or neglect is, for a first offense, a category C felony or a gross misdemeanor as the court decides, and a category B felony (2 to 6 years) for a repeat; if it causes substantial bodily or mental harm or death, it is a category B felony with 2 to 20 years. Exploitation (misusing trust, a power of attorney or guardianship to take money or property) under $650 is a category C felony or gross misdemeanor; $650 to under $5,000 is a category B felony (2 to 10 years and/or up to $10,000); $5,000 or more, or any repeat offense, is a category B felony (2 to 20 years and/or up to $25,000). Isolation or abandonment is a category C felony or gross misdemeanor, then a category B felony (2 to 10 years and up to $5,000). NRS 200.5092, 200.5099 |
| New Hampshire | New Hampshire protects 'elderly adults' (60 or older) and disabled or impaired adults. A caregiver who purposely causes serious bodily injury to such a person through neglect commits a class A felony (up to 15 years); doing so knowingly or recklessly is a class B felony (up to 7 years). Financial exploitation (misusing the person's money or property in breach of a fiduciary duty, such as by an agent under a power of attorney, guardian or trustee, or obtaining it through undue influence, coercion or when the person lacked capacity) is a class A felony at $1,500 or more, a class B felony from $1,000 to under $1,500, and a misdemeanor under $1,000, with full restitution required. Judges may also impose extended terms for violent crimes meant to take advantage of a victim's age or disability, and for theft or fraud against victims 65 or older. RSA 631:8, 631:9, 631:10, 651:6, I(d), (l) |
| New Jersey | A person who has a legal duty to care for, or has taken on continuing care of, someone 60 or older or a disabled adult and who abandons that person or unreasonably neglects (or blocks) care needed for the person's physical or mental health commits a crime of the third degree (3-5 years). The law does not exclude prosecution for any other offense, such as assault or theft. N.J.S. 2C:24-8; N.J.S. 2C:43-6 |
| New Mexico | New Mexico's criminal elder-abuse law is the Resident Abuse and Neglect Act, which protects any person living in or receiving treatment from a 'care facility' (including nursing homes, assisted and group homes, home health agencies, adult day care and private homes where personal or nursing care is provided), regardless of age. Abuse or neglect of a resident is a petty misdemeanor if it causes no harm, a fourth degree felony (18 months) if it causes physical harm or great psychological harm, a third degree felony (3 years) if it causes great physical harm, and a second degree felony (9 years) if the resident dies. Exploiting a resident's property is a petty misdemeanor up to $250, a misdemeanor over $250 to $500, a fourth degree felony over $500 to $2,500, a third degree felony over $2,500 to $20,000, and a second degree felony over $20,000. NMSA 1978, 30-47-3, 30-47-4, 30-47-5, 30-47-6 |
| New York | New York makes it a crime for a paid caregiver to abuse a 'vulnerable elderly person' (someone 60 or older) or an incompetent or physically disabled person. Endangering the welfare of such a person in the second degree (intentionally or recklessly causing physical injury, negligently causing injury with a deadly weapon or dangerous instrument, or subjecting the person to sexual contact without consent) is a class E felony (up to 4 years). The first degree (intentionally or recklessly causing serious physical injury) is a class D felony (up to 7 years). A caregiver under these sections is someone who takes responsibility for the person's care and is paid for it. N.Y. Penal Law 260.31, 260.32, 260.34 |
| North Carolina | A caretaker who knowingly and willfully, with malice, abuses a disabled adult or an 'elder adult' (60 or older and unable to arrange the services needed to protect themselves) in a home setting commits a Class F felony if the person suffers serious injury, or a Class H felony for injury; neglect (wanton, reckless or grossly careless failure to provide care) is a Class G felony for serious injury or Class I for injury. Financial exploitation of an 'older adult' (65 or older) or a disabled adult by deception or intimidation is a separate crime: by a person in a position of trust or a business relationship it is a Class F felony for $100,000 or more, Class G for $20,000 to under $100,000, and Class H for under $20,000; by anyone else it is one class lower (Class G, H or I). For losses over $5,000 the district attorney may ask the court to freeze the defendant's assets. G.S. 14-32.3(a), (b), (d); G.S. 14-112.2 |
| North Dakota | North Dakota protects an 'eligible adult' (anyone at least 65, or a vulnerable adult as defined in 50-25.2-01). A caregiver who knowingly endangers an eligible adult's life or health, or knowingly fails to provide care needed to maintain life or health, causing harm or deterioration, commits a Class B felony (up to 10 years). Financial exploitation (taking or using an eligible adult's money or property through deception, intimidation or undue influence by someone in a position of trust or a business relationship, or from someone known to lack capacity) is a Class A felony over $50,000, Class B felony over $10,000 up to $50,000, Class C felony over $1,000 up to $10,000, and a Class A misdemeanor at $1,000 or less. Not knowing the victim's age is not a defense. N.D.C.C. 12.1-31-07; 12.1-31-07.1 |
| Ohio | Ohio has several offenses. A caretaker who knowingly fails to provide necessary care to a person with a functional impairment, causing physical harm, commits a first-degree misdemeanor (a fourth-degree felony if serious physical harm results); a reckless failure causing serious physical harm is a second-degree misdemeanor, or a fourth-degree felony with serious physical harm. In care facilities, patient abuse is a fourth-degree felony (third degree for a repeat), gross patient neglect a first-degree misdemeanor and patient neglect a second-degree misdemeanor (fifth-degree felony for a repeat). Theft from an 'elderly person' (65 or older) or disabled adult is theft from a person in a protected class: a fifth-degree felony, rising to fourth degree at $1,000, third degree at $7,500, second degree at $37,500 and first degree at $150,000, with full restitution required when the victim is elderly. R.C. 2903.16; R.C. 2903.34; R.C. 2913.02(B)(3); R.C. 2913.01(CC) |
| Oklahoma | Abuse, neglect, financial neglect, sexual abuse or exploitation by a caretaker of a person in their care (in a nursing facility or other setting) is a Class B1 felony punishable by up to 10 years and/or a $10,000 fine; sexual abuse is a Class A3 felony with up to 15 years. Abuse, sexual abuse or exploitation of any vulnerable adult is a Class B4 felony (up to 2 years and/or $10,000), and neglect by a person responsible for a vulnerable adult is a Class D1 felony. Financially exploiting a person 62 or older or a disabled adult is a Class C1 felony if $100,000 or more is involved and a Class C2 felony if less. 21 O.S. §§ 843.1, 843.3, 843.4 |
| Oregon | Oregon charges elder abuse as criminal mistreatment. First-degree criminal mistreatment, a Class C felony (up to 5 years), covers a caregiver who intentionally or knowingly injures, abandons or dangerously leaves alone a dependent person or a person 65 or older, takes or hides their money or property for an improper purpose, or takes charge of them to commit fraud; it also covers intentionally withholding necessary food, care or medical attention from anyone in one's care. Negligently withholding necessary food, care or medical attention is second-degree criminal mistreatment, a Class A misdemeanor. ORS 163.205, 163.200 |
| Pennsylvania | Financial exploitation of a person 60 or older (or a care-dependent adult) by someone in a position of trust, such as a relative, caregiver, joint owner or agent under a power of attorney, is graded by amount: a misdemeanor of the first degree up to $2,000; a felony of the third degree above $2,000 and under $100,000; a felony of the second degree from $100,000 to under $500,000; and a felony of the first degree at $500,000 or more or when two or more victims lose property. A caretaker who causes bodily injury to a care-dependent adult by failing to provide needed care commits a misdemeanor of the first degree, which becomes a felony of the first degree if serious bodily injury or death results; endangering their welfare is a misdemeanor of the second degree, or a felony of the third degree for a course of conduct. 18 Pa.C.S. §§ 3922.1, 2713 |
| Rhode Island | Rhode Island protects people 60 and older. Assault and battery causing bodily injury to a person 60 or older is a felony punishable by up to 5 years and/or a $1,000 fine, and by a caretaker up to 5 years and/or a $2,500 fine. Exploitation of an elder person (for example by a relative, caregiver or fiduciary using deception, intimidation or the person's lack of capacity) is punished by value: under $500, up to 5 years and/or $5,000; $500 to under $100,000, up to 15 years and/or $10,000; $100,000 or more, up to 30 years and/or $15,000. R.I. Gen. Laws §§ 11-5-10, 11-5-10.3, 11-68-1, 11-68-3 |
| South Carolina | South Carolina protects 'vulnerable adults' (people 18 or older whose physical or mental condition, including the infirmities of aging, substantially impairs their ability to care for or protect themselves, and all residents of care facilities). Knowingly and wilfully abusing or neglecting a vulnerable adult is a felony punishable by up to 5 years; if it causes great bodily injury, up to 15 years; if it causes death, up to 30 years. Knowingly and wilfully exploiting a vulnerable adult (misusing their money or property) is a felony punishable by up to 5 years and/or a $5,000 fine, with possible restitution. A mandatory reporter who knowingly fails to report is guilty of a misdemeanor. S.C. Code §§ 43-35-10(11), 43-35-85(A)-(F) |
| South Dakota | South Dakota protects 'elders' (people 65 or older) and adults with disabilities. Physical abuse or neglect that does not amount to aggravated assault is a Class 6 felony (up to 2 years); emotional or psychological abuse by a caretaker (such as unreasonable confinement, threats or demeaning conduct) is a Class 1 misdemeanor. A caretaker entrusted with an elder's or disabled adult's property who misappropriates it with intent to defraud commits theft by exploitation, punished under the general theft grades by value. SDCL 22-46-1, 22-46-2, 22-46-3 |
| Tennessee | Tennessee's elder-abuse crimes protect an 'elderly adult' (a person 70 or older) and a 'vulnerable adult' (18 or older who, because of an intellectual disability or physical dysfunction, cannot fully manage their own resources or protect themselves without help). Knowingly abusing an elderly adult is a Class E felony (1 to 6 years), and abusing a vulnerable adult is a Class D felony (2 to 12 years). Aggravated abuse of an elderly or vulnerable adult is a Class C felony (3 to 15 years) or, under subdivisions (a)(2) and (a)(3), a Class B felony (8 to 30 years). Knowingly financially exploiting an elderly or vulnerable adult is punished as theft under § 39-14-105 but one classification higher than the theft grade. Tenn. Code Ann. §§ 39-15-501, 39-15-502, 39-15-510, 39-15-511; 40-35-111 |
| Texas | Texas protects an 'elderly individual' (65 or older) and disabled individuals under the injury statute: intentionally or knowingly causing serious bodily injury or serious mental injury is a first-degree felony (5 to 99 years or life), or second degree if reckless; causing bodily injury is a third-degree felony if intentional or knowing and a state jail felony if reckless; and criminal negligence is a state jail felony. The same applies to caregivers and facility staff whose omissions cause the harm. Financial abuse of an elderly individual is graded by value, from a Class B misdemeanor (under $100) to a first-degree felony ($150,000 or more). Tex. Penal Code §§ 22.04(a), (a-1), (c)(2), (e)-(g); 32.55 |
| Utah | Utah protects 'vulnerable adults': anyone 65 or older ('elder adult') and dependent adults 18 or older with a mental or physical impairment. Abuse of a vulnerable adult is a class A misdemeanor if intentional or knowing (class B if reckless, class C if criminally negligent), and a third degree felony if based on isolation. Aggravated abuse causing serious physical injury is a second degree felony if intentional or knowing, third degree if reckless, and a class A misdemeanor if negligent. Financial exploitation is a second degree felony if intentional or knowing and $5,000 or more, a third degree felony under $5,000, a class A misdemeanor if reckless and class B if negligent. Not knowing the victim's age is not a defense. Utah Code §§ 76-5-111, 76-5-111.2, 76-5-111.4 |
| Vermont | Vermont's crimes against 'vulnerable adults' cover people 18 or older who live in licensed care facilities or psychiatric units, receive personal care services, or are impaired by brain damage, infirmities of aging, or a disability that limits their ability to care for or protect themselves (there is no age-only category). Abuse is punishable by up to one year and/or $1,000; assaulting a known vulnerable adult up to two years and/or $2,000; and aggravated assault up to 20 years and/or $10,000. A caregiver's neglect carries up to 18 months, or up to 15 years if it causes serious bodily injury. Financial exploitation is punishable by up to 18 months for $500 or less and up to 10 years for more than $500 (fines up to $10,000). 13 V.S.A. §§ 1375(8), 1376, 1378, 1380 |
| Virginia | Virginia's law protects 'vulnerable adults': anyone 18 or older whose mental or physical impairment (including from age) leaves them unable to make or carry out reasonable decisions or to provide for or protect themselves. A caregiver who abuses or neglects a vulnerable adult commits a Class 1 misdemeanor (up to 12 months and/or $2,500), a Class 6 felony for a repeat offense, a Class 4 felony (2 to 10 years) if it causes serious bodily injury or disease, and a Class 3 felony (5 to 20 years) if it causes death. Using a vulnerable adult's impairment to take their money or property is financial exploitation, punished as larceny. Va. Code §§ 18.2-369, 18.2-178.1 |
| Washington | Washington's 'criminal mistreatment' crimes apply to caregivers of a 'dependent person' (someone who, because of disability or extreme advanced age, depends on others for the basic necessities of life; nursing home and adult family home residents and frail elders or vulnerable adults are presumed dependent). Withholding necessities that causes great bodily harm is first degree, a class B felony (up to 10 years); lower degrees range from a class C felony to a gross misdemeanor and a misdemeanor. Theft from a vulnerable adult is a class B felony over $5,000 and a class C felony (up to 5 years) over $750 up to $5,000, if the defendant knew or should have known the victim was a vulnerable adult. RCW 9A.42.010(5), 9A.42.020, 9A.42.030, 9A.42.035, 9A.42.037; 9A.56.400 |
| West Virginia | West Virginia protects an 'incapacitated adult' (anyone 18 or older who, because of advanced age or infirmity, cannot carry out daily activities needed to sustain life and health). Neglect, gross neglect and abuse are misdemeanors (up to 1 year in jail, with $100 to $500 fines); they become felonies when they create a substantial risk of serious bodily injury or death (1 to 5 years), cause bodily injury (2 to 10 years) or cause serious bodily injury (3 to 15 years); causing death carries 5 to 15, 5 to 25 or 5 to 40 years depending on the conduct. Financial exploitation of a person 65 or older, a protected person or an incapacitated adult is a misdemeanor under $1,000 (up to 1 year and/or $1,000) and a felony at $1,000 or more (2 to 20 years and a fine up to $10,000), with restitution. W. Va. Code §§ 61-2-29, 61-2-29a, 61-2-29b |
| Wisconsin | Wisconsin protects 'individuals at risk': elder adults at risk (age 60 or older who have experienced or are at risk of abuse, neglect, self-neglect or financial exploitation) and adults at risk. Abusing such a person (physical, emotional or sexual abuse, unreasonable confinement, or deprivation of basic needs) is graded by intent and harm, from a Class B misdemeanor (no bodily harm likely; up to 90 days and/or $1,000) to a Class H felony (intentional, causing bodily harm; up to 6 years), Class F felony (great bodily harm; up to 12 years 6 months) and Class C felony (intentional or reckless, causing death; up to 40 years). Separately, battery to an elder person (60 or older) or adult at risk is a felony: Class I (recklessly causing bodily harm) up to Class C (intentionally causing great bodily harm), and mistake about the victim's age is no defense. Wis. Stat. §§ 940.285, 940.66, 940.51(6), 46.90(1)(br), 939.50(3), 939.51(3)(b) |
| Wyoming | Wyoming protects 'vulnerable adults': anyone 18 or older who cannot manage or care for themselves or their money or property without help because of advanced age or physical or mental disability. Reckless abuse, neglect, abandonment, intimidation or exploitation is a misdemeanor (up to 1 year and/or $1,000). Intentional abuse, neglect or abandonment, and any exploitation (for example taking control of the person's money or property by deception, intimidation or undue influence, including misuse of a power of attorney or guardianship), is a felony punishable by up to 10 years and/or $10,000. Offenders are also listed on the state's central registry. W.S. 6-2-507, 35-20-102(a)(ix), (xviii) |
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.