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Cal. Penal Code § 368 (2026)

✓ current as of May 2026
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(a)The Legislature finds and declares that elders, adults whose physical or mental disabilities or other limitations restrict their ability to carry out normal activities or to protect their rights, and adults admitted as inpatients to a 24-hour health facility deserve special consideration and protection.

(b)(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 their 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.

(2)If, in the commission of an offense described in paragraph (1), the victim suffers great bodily injury, as defined in Section 12022.7, the defendant shall receive an additional term in the state prison as follows:

(A)Three years if the victim is under 70 years of age.

(B)Five years if the victim is 70 years of age or older.

(3)If, in the commission of an offense described in paragraph (1), the defendant proximately causes the death of the victim, the defendant shall receive an additional term in the state prison as follows:

(A)Five years if the victim is under 70 years of age.

(B)Seven years if the victim is 70 years of age or older.

(c)A person who knows or reasonably should know that a person is an elder or dependent adult and who, under circumstances or conditions other than those 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 their person or health may be endangered, is guilty of a misdemeanor. A second or subsequent violation of this subdivision is punishable by a fine not to exceed two thousand dollars ($2,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment.

(d)A person who is not a caretaker who violates any provision of law proscribing theft, embezzlement, forgery, or fraud, or who violates Section 530.5 proscribing identity theft, with respect to the property or personal identifying information of an elder or a dependent adult, and who knows or reasonably should know that the victim is an elder or a dependent adult, is punishable as follows:

(1)By a fine not exceeding two thousand five hundred dollars ($2,500), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, or by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years, or by both that fine and imprisonment, when the moneys, labor, goods, services, or real or personal property taken or obtained is of a value exceeding nine hundred fifty dollars ($950).

(2)By a fine not exceeding one thousand dollars ($1,000), by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, when the moneys, labor, goods, services, or real or personal property taken or obtained is of a value not exceeding nine hundred fifty dollars ($950).

(e)A caretaker of an elder or a dependent adult who violates any provision of law proscribing theft, embezzlement, forgery, or fraud, or who violates Section 530.5 proscribing identity theft, with respect to the property or personal identifying information of that elder or dependent adult, is punishable as follows:

(1)By a fine not exceeding two thousand five hundred dollars ($2,500), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, or by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years, or by both that fine and imprisonment, when the moneys, labor, goods, services, or real or personal property taken or obtained is of a value exceeding nine hundred fifty dollars ($950).

(2)By a fine not exceeding one thousand dollars ($1,000), by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, when the moneys, labor, goods, services, or real or personal property taken or obtained is of a value not exceeding nine hundred fifty dollars ($950).

(f)A person who commits the false imprisonment of an elder or a dependent adult by the use of violence, menace, fraud, or deceit is punishable by imprisonment pursuant to subdivision (h) of Section 1170 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 which restrict their ability to carry out normal 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 the ages of 18 and 64 who is 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.

(j)Nothing in this section shall preclude prosecution under both this section and Section 187 or 12022.7 or any other provision of law. However, a person shall not receive an additional term of imprisonment under both paragraphs (2) and (3) of subdivision (b) for a single offense, nor shall a person receive an additional term of imprisonment under both Section 12022.7 and paragraph (2) or (3) of subdivision (b) for a single offense.

(k)In any case in which a person is convicted of violating these provisions, the court may require them to receive appropriate counseling as a condition of probation. A defendant ordered to be placed in a counseling program shall be responsible for paying the expense of participation in the counseling program as determined by the court. The court shall take into consideration the ability of the defendant to pay, and no defendant shall be denied probation because of the inability to pay.

(l)Upon conviction for a violation of subdivision (b), (c), (d), (e), or (f), the sentencing court shall also consider issuing an order restraining the defendant from any contact with the victim, which may be valid for up to 10 years, as determined by the court. It is the intent of the Legislature that the length of any restraining order be based upon the seriousness of the facts before the court, the probability of future violations, the safety of the victim and their immediate family, and the information provided to the court pursuant to Section 273.75. This protective order may be issued by the court whether the defendant is sentenced to state prison or county jail, or if imposition of sentence is suspended and the defendant is placed on probation.

Notes of Decisions
Cited in 178 cases (61 in the last 5 years), 1994–2026 · leading case: Luis Ballinas-Lucero v. Merrick Garland, 44 F.4th 1169 (9th Cir. 2022).
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Luis Ballinas-Lucero v. Merrick Garland, 44 F.4th 1169 (9th Cir. 2022). · cites it 6× “GARLAND 3 The Superior Court granted his motion, and Ballinas- Lucero pleaded guilty to violating Cal. Penal Code § 368 (d), theft from an elder adult.”
Guardian North Bay, Inc. v. Superior Court, 2001 Cal. Daily Op. Serv. 10669 (Cal. Ct. App. 2001). · cites it 5× “Introduction In these original proceedings, we consider an issue of first impression arising from elder abuse litigation: whether the statute of limitations applicable to a civil action for damages against a health care provider convicted of felony elder abuse (Pen. Code, § 368)…”
Winn v. Pioneer Med. Grp., Inc., 370 P.3d 1011 (Cal. 2016). · cites it 2× “) For example, Penal Code section 368 imposes criminal *162 liability upon any person “having the care or custody of any elder or dependent adult” who “willfully causes or permits” the elder or dependent adult to be injured or endangered.”
People v. Rae, 125 Cal. Rptr. 2d 312 (Cal. Ct. App. 2002). · cites it 4× “(Pen. Code, § 368, subd. (b)(1).) He claims error in the admission of evidence of uncharged personal and financial misconduct and instructional error.”
Delaney v. Baker, 971 P.2d 986 (Cal. 1999). · cites it 2× “) In the 1991 amendments at issue here, the focus shifted to private, civil enforcement of laws against elder abuse and neglect.”
People v. Fruits, 247 Cal. App. 4th 188 (Cal. Ct. App. 2016). “*191 A jury found defendant guilty of elder abuse (Pen. Code, § 368, subd. (b)(1); count one), 1 assault with a deadly weapon (§ 245, subd.”
People v. Heitzman, 886 P.2d 1229 (Cal. 1994). · cites it 2× “Penal Code section 368, subdivision (a), 1 is one component of a multifaceted legislative response to the problem of elder abuse.”
People v. Rajanayagam, 211 Cal. App. 4th 42 (Cal. Ct. App. 2012). “Ajit Bernard Rajanayagam appeals from a judgment after he pled guilty to elder and dependent adult abuse (Pen. Code, § 368, subd. (b)(1)) 1 (count 1), and aggravated assault (§ 245, subd.”
People v. Bush, 245 Cal. App. 4th 992 (Cal. Ct. App. 2016). “I INTRODUCTION Defendant Wade Allyn Bush appeals from an order denying his petition to reduce to misdemeanors his felony convictions for theft from an elder and receiving stolen property (Pen. Code, §§ 368, subd. (d), 496, subd. (a)) 1 pursuant to section 1170.”
People v. Pirwani, 2004 Cal. Daily Op. Serv. 5433 (Cal. Ct. App. 2004). · cites it 2× “(Pen. Code, §§ 368, subd. (e), 487, subd. (a).”
People v. Kennedy, 209 Cal. App. 4th 385 (Cal. Ct. App. 2012). “(a)(1); count two), elder abuse (Pen. Code, § 368, subd. (b)(1); count three), and *389 criminal threats (Pen.”
People v. Brock, 6 Cal. Daily Op. Serv. 9663 (Cal. Ct. App. 2006). · cites it 2× “Based on these transactions, defendant was convicted of theft against an elder (Pen. Code, § 368, subd. (d)) (count 1) and grand theft (Pen.”
Show all 178 citing cases →
— Cal. Penal Code § 368(b)(1) — 5 cases
Rogers v. Wong, 637 F. Supp. 2d 807 (E.D. Cal. 2009).
Singh v. Holder, 414 F. App'x 909 (9th Cir. 2011).
Cline v. Roberts (N.D. Cal. 2021).
Kevin Dwayne Walker v. Superior Court of Los Angeles (C.D. Cal. 2024).
Res-Care Inc. v. Roto-Rooter Servs. Co., 753 F. Supp. 2d 970 (N.D. Cal. 2010).
— Cal. Penal Code § 368(d) — 3 cases
Luis Ballinas-Lucero v. Merrick Garland, 44 F.4th 1169 (9th Cir. 2022). “GARLAND 3 The Superior Court granted his motion, and Ballinas- Lucero pleaded guilty to violating Cal. Penal Code § 368 (d), theft from an elder adult.”
Luis Ballinas-Lucero v. Merrick Garland (9th Cir. 2022).
(HC) Dekalb v. Diaz (E.D. Cal. 2022).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.