CA PC 368(b) - Domestic Violence Against Disabled Persons
California Penal Code 368(b) describes the serious crime of domestic violence committed against a disabled person or dependent adult, which is part of the larger and equally severe issue of elder abuse.
A "dependent adult" refers to individuals aged 18 to 64 who have physical or mental impairments that limit their ability to perform everyday tasks or defend their rights. This category includes those with developmental disabilities or reduced capacity due to age.
This law acts as a safeguard for our most vulnerable citizens, such as those with physical or mental disabilities, who face a higher risk of mistreatment. It is essential to recognize that these individuals need and warrant stronger legal protections.
For instance, if you are convicted of PC 368(b) domestic violence against someone with a disability, the penalties will be more severe than those for a typical domestic battery involving a healthy partner.
Domestic violence in such cases often involves a caregiver, family member, or trusted individual causing harm. It's crucial to understand the additional responsibility and accountability associated with these roles.
This can involve physical abuse, neglect, emotional harm, or financial exploitation. Because of the victim's vulnerable status, the law treats these crimes more seriously to safeguard them.
Key Takeaways
- Research indicates that women with disabilities face a higher risk of violence compared to women without disabilities, especially at risk for severe forms of violence.
- The primary perpetrators of violence against women with disabilities are their male partners, and nearly half of abuse cases involve elderly adults who are unable to care for themselves.
- Research suggests that more than 70% of abuse cases involving adults with disabilities go unreported. Victims with disabilities tend to be more at risk of threats from their abusers if they report the incident.
- Violent crimes against individuals with disabilities are prosecuted less often than those against people without disabilities.
- People with disabilities often do not report abuse because they still care about the abuser, leading to conflicting feelings about reporting, prosecution, and self-protection.
- Another reason is that they might lack the necessary skills to seek help independently. They may also be unaware of how to access services that could assist them.
- Many victims of violence rely on their abusive caretakers and risk losing them if they report abuse. Reporting abuse might also lead to a higher chance of being institutionalized if they are seen as unable to care for themselves without their abuser.
What Does PC 368 Say?
The text of California Penal Code 368 PC says, "(1) A 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, or having the care or custody of any elder or dependent adult, willfully causes or permits the person or health of the elder or dependent adult to be injured, or willfully causes or permits the elder or dependent adult to be placed in a situation in which his or her person or health is endangered, is punishable by imprisonment in a county jail not exceeding one year, or by a fine not to exceed six thousand dollars ($6,000), or by both that fine and imprisonment, or by imprisonment in the state prison for two, three, or four years.
(g) As used in this section, "elder" means a person who is 65 years of age or older.
(h) As used in this section, "dependent adult" means a person, regardless of whether the person lives independently, who is between the ages of 18 and 64 who has physical or mental limitations that restrict their ability to carry out everyday activities or to protect their rights, including, but not limited to, persons who have physical or developmental disabilities or whose physical or mental abilities have diminished because of age. "Dependent adult" includes a person between 18 and 64 admitted as an inpatient to a 24-hour health facility, as defined in Sections 1250, 1250.2, and 1250.3 of the Health and Safety Code.
(i) As used in this section, "caretaker" means a person who has the care, custody, or control of, or who stands in a position of trust with, an elder or a dependent adult."
What Factors Must Be Proven to Convict?
To convict someone of domestic violence against a disabled person under Penal Code 368(b) PC, the district attorney must demonstrate all elements of the crime beyond a reasonable doubt, including the following:
- You were aware or reasonably should have been aware that the victim was a dependent adult with a disability.
- You intentionally caused or allowed the dependent adult to endure unnecessary physical or mental pain.
- Your behavior took place in circumstances or conditions likely to result in severe injury or death.
- You were responsible for the care or custody of a person with a disability.
What are the Penalties If Convicted?
Under PC 368(b), domestic violence against a disabled person is considered a "wobbler" under California law.
This means it can be charged as either a misdemeanor or a felony, depending on the seriousness of the offense and the extent of harm or danger caused to the victim. Possible penalties vary accordingly.
- If violence threatens their life or health, it is usually classified as a misdemeanor, which can result in up to one year in county jail, a fine of up to $6,000, or both.
- If the abuse is likely to cause severe injury or death, it will be charged as a felony, leading to a sentence of two, three, or four years in state prison.
Notably, the penalties are more severe if abuse leads to serious bodily injury or death to the victim, as shown below:
- If a great bodily injury occurs, the judge may impose an extra three years in prison if the victim is under 70, or five years if they are 70 or older.
- If death occurs, the judge may impose an additional five years if the victim is under 70, or seven years if the victim is 70 or older.
What are the Best Defenses?
Imagine facing accusations of domestic violence against a person with disabilities. A California criminal defense attorney can employ various strategies to help achieve the best possible result, including the options outlined below.
- The harm inflicted on the victim might have been accidental rather than intentional or due to negligence.
- We might contend that the allegations are unfounded and driven by other reasons, like a family disagreement or a desire to control assets.
- Maybe you were unaware that the victim was a dependent adult or disabled individual, which might be hard to establish.
For more details, reach out to our criminal defense law firm, Hedding Law Firm, located in Los Angeles, CA.
