CA Penal Code 368(b) PC - Crime of Domestic Violence Against Disabled Individuals
California Penal Code 368(b) addresses the serious crime of domestic violence against disabled individuals or dependent adults, a subset of elder abuse.
A "dependent adult" refers to anyone aged 18 to 64 with physical or mental limitations that impair their ability to perform daily activities or defend their rights. This category includes those with developmental disabilities or reduced capacity due to age.
This law protects our most vulnerable citizens, such as those with physical or mental disabilities, who face a higher risk of abuse. It's important to recognize that these individuals need and deserve stronger legal safeguards.
For instance, if you are convicted of PC 368(b) domestic violence against a person with a disability, you will encounter more severe penalties than in a typical domestic battery case involving a healthy individual.
Domestic violence against a disabled individual or an elder person usually involves a caregiver, family member, or trusted person causing harm. It's crucial to acknowledge the responsibilities and accountability linked to these roles.
The abuse can manifest as physical harm, neglect, emotional damage, or financial exploitation. Because of the victim's vulnerability, the law treats these crimes more seriously to safeguard them.
What Are the Statistics?
Studies indicate that women with disabilities face a higher risk of violence compared to women without disabilities, with a particular vulnerability to severe abuse.
The primary perpetrators are often their male partners, and nearly half of the abuse cases involve elderly adults who cannot care for themselves physically.
Other studies estimate that more than 70% of abuse cases involving adults with disabilities go unreported. Victims with disabilities tend to be more vulnerable to threats from their abusers if they report the abuse.
Additionally, violence crimes against people with disabilities are less frequently prosecuted than those against individuals without disabilities.
One reason people with disabilities don't report abuse is that they still care about the abuser, which leads to mixed feelings about reporting, participating in legal actions, and making changes for their safety.
Additionally, they might lack the skills needed to seek help independently or be unaware of how to access available support services.
Many victims of violence are dependent on their abusive caretakers and risk losing them if they report abuse. Victims may also face an increased risk of institutionalization if they are deemed unable to care for themselves without their abuser's help.
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."
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 establish all elements of the offense beyond a reasonable doubt, including the following:
- You either knew or reasonably should have known that the victim was a dependent adult with a disability.
- You intentionally caused or allowed the dependent adult to endure unnecessary physical pain or mental anguish.
- Your actions took place in situations likely to cause serious injury or death.
- You had care or custody of the person with a disability.
What Penalties are Outlined in PC 368(b)?
Under PC 368(b), domestic violence against a disabled person is classified as a "wobbler" in California law, meaning it can be charged as either a misdemeanor or a felony.
The determination depends on the seriousness of the offense and the extent of harm or danger caused to the victim. Potential penalties vary accordingly.
- If violence threatens their life or health, it is typically 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 likely results in severe injury or death, it will be prosecuted as a felony, leading to a sentence of two, three, or four years in state prison.
Notably, there are increased penalties if abuse causes serious bodily injury or death to the victim, as outlined below:
- If a serious bodily injury happens, the judge may add three years to the sentence 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 for victims under 70, or seven years if the victim is 70 or older.
What Potential Defenses Could be Available?
If you're accused of domestic violence against a person with disabilities, a California criminal defense lawyer can employ various strategies to achieve the best possible result, as discussed below.
The harm to the victim may have been accidental rather than intentional or negligent.
We could also claim that the allegations are unfounded and motivated by other factors, such as a family dispute or attempts to seize assets.
Moreover, you might not have known that the victim was a dependent or disabled adult, which can be difficult to prove. For further information, contact our criminal defense law firm, Hedding Law Firm, based in Los Angeles, CA.
