Is Elder Abuse a Crime? Criminal Charges, Federal Laws, Penalties & Legal Options Explained

By Emery Ledger on February 10, 2026

Yes. Abusing or neglecting an older person can be a crime under state law, charged as a misdemeanor or as a felony, and federal law reaches some of it as well. This page gives the law of California, Texas and Washington in the codes’ own terms, and says what a family can do. This is general information and not legal advice.

Understanding Elder Abuse

The National Institute on Aging, a federal agency, describes six kinds: physical abuse, emotional abuse, neglect, abandonment, sexual abuse and financial abuse. What each looks like, and the signs a family may notice, are on our page on elder abuse and nursing home abuse claims.

Is Elder Abuse a Criminal Offense?

It can be. In California, a person who knows or reasonably should know that someone is an elder or a dependent adult, and who willfully causes or permits that person to suffer, or inflicts unjustifiable physical pain or mental suffering on that person, commits a crime; an elder is a person 65 or older (Penal Code section 368). In Texas, a person commits an offense by causing bodily injury, serious bodily injury, or serious mental deficiency, impairment or injury to an elderly individual, by an act done intentionally, knowingly, recklessly or with criminal negligence, or by an omission made intentionally, knowingly or recklessly where the person has a legal duty to act or has assumed care, custody or control; an elderly individual is a person 65 or older (Penal Code section 22.04). In Washington, a person who has taken on the care of a dependent person and who, with criminal negligence, causes harm or a risk of harm by withholding the basic necessities of life is guilty of criminal mistreatment (RCW 9A.42.020 to 9A.42.037). A criminal case does not take the place of a civil one: a person who was harmed may also have a civil claim for damages, apart from any criminal case.

Criminal Charges for Elder Abuse

The charge depends on the state, on what was done and on the harm. California’s section 368 separates conduct under circumstances or conditions likely to produce great bodily harm or death from other conduct. It has subdivisions of its own for theft, embezzlement, forgery, fraud and identity theft against an elder or a dependent adult, and for the false imprisonment of one by violence, menace, fraud or deceit. Texas’s section 22.04 sets the grade of the offense by the injury and by whether the person acted intentionally or knowingly, or recklessly. Washington’s chapter 9A.42 has four degrees of criminal mistreatment, set by the harm done or the risk created.

Is Elder Abuse a Felony or a Misdemeanor?

It can be either, and each state draws the line its own way.

California: abuse under circumstances or conditions likely to produce great bodily harm or death is punishable by up to one year in a county jail or by two, three or four years in the state prison, and a crime punishable by imprisonment in the state prison is a felony; under other circumstances the abuse is a misdemeanor (Penal Code sections 368 and 17). Theft, embezzlement, forgery or fraud against an elder or a dependent adult is punishable by up to one year in a county jail or by two, three or four years where the value taken is more than $950, and by up to one year in a county jail where it is $950 or less (section 368, subdivisions (d) and (e)).

Texas: causing serious bodily injury, or serious mental deficiency, impairment or injury, to an elderly individual is a felony of the first degree when done intentionally or knowingly and a felony of the second degree when done recklessly; causing bodily injury is a felony of the third degree when done intentionally or knowingly and a state jail felony when done recklessly (Penal Code section 22.04). Causing the exploitation of an elderly individual, meaning the illegal or improper use of the person or of the person’s resources for monetary or personal benefit, profit or gain, is a felony of the third degree when done intentionally, knowingly or recklessly (Penal Code section 32.53).

Washington: criminal mistreatment in the first degree is a class B felony, in the second degree a class C felony, in the third degree a gross misdemeanor and in the fourth degree a misdemeanor (RCW 9A.42.020, 9A.42.030, 9A.42.035 and 9A.42.037).

Is Elder Abuse a Federal Crime?

Federal law reaches some of it. Most of what this page describes is state law. The Department of Justice’s Elder Justice Initiative supports and coordinates the department’s work against elder abuse, neglect and financial fraud and scams that target older adults.

Penalties for Criminal Elder Abuse

The penalty is set by the statute a person is convicted under. In California, abuse likely to produce great bodily harm or death carries up to one year in a county jail, a fine of up to $6,000, or two, three or four years in the state prison. A further term is added where the victim suffers great bodily injury (three years, or five where the victim is 70 or older) and where the defendant proximately causes the victim’s death (five years, or seven where the victim is 70 or older). The court must also consider an order that restrains the defendant from any contact with the victim, which may be valid for up to 10 years (Penal Code section 368). The grades of the Texas and Washington offenses are given above; the terms that go with each grade are set elsewhere in those states’ codes.

What Is Considered Elder Abuse Under the Law?

Each state’s protective law defines it. California’s counts as abuse physical abuse, neglect, abandonment, isolation, abduction or other treatment with resulting physical harm or pain or mental suffering, a care custodian’s deprivation of needed goods or services, and financial abuse (Welfare and Institutions Code section 15610.07). Texas’s defines abuse, neglect and exploitation of an elderly person or a person with a disability (Human Resources Code section 48.002). Washington’s defines abandonment, abuse, financial exploitation and neglect of a vulnerable adult (RCW 74.34.020). The definitions in full, and where to report in each state, are on our page on elder abuse and nursing home abuse claims.

What to Do If You Suspect Elder Abuse

If the person is in danger now, call 911. Otherwise tell the adult protective services agency for the state where the person lives. For a person living in a nursing home or in assisted living, the long term care ombudsman for that state takes complaints. You do not have to prove the abuse yourself: these agencies look into it. The phone numbers, and each state’s official pages, are on our page on elder abuse and nursing home abuse claims.

Reporting Elder Abuse and Legal Options

A report and a legal claim are two different things. A report goes to the agencies above and, where a crime may have been committed, to the police. A criminal case is brought by the state. A civil claim for damages is brought by the person who was harmed, or by someone the law lets act for that person, apart from any criminal case.

The Role of an Elder Abuse Lawyer

In a civil claim, a lawyer for the person who was harmed gathers the records, finds who may be answerable, and presents the claim to the insurers or to a court. That lawyer does not prosecute the crime: that is the state’s work. The Ledger Law Firm is a personal injury law firm with attorneys licensed in California, Texas and Washington. If your matter is one The Ledger Law Firm does not handle itself, we will try to refer you to an attorney who does.

Call (800) 300-0001. Free case evaluation.

FAQs About Is Elder Abuse a Crime?

Is elder abuse a crime under state and federal law?

It can be a crime under state law, and federal law reaches some of it. The parts above give the law of California, Texas and Washington.

Is elder abuse a federal crime or handled only by states?

Most of what this page describes is state law, and federal law reaches some of it.

What types of elder abuse are considered criminal offenses?

That depends on the state. California’s section 368 covers causing or permitting an elder to suffer, unjustifiable physical pain or mental suffering, theft and fraud against an elder, and false imprisonment. Texas’s section 22.04 covers bodily injury and serious mental injury to an elderly individual. Washington’s chapter 9A.42 covers criminal mistreatment of a dependent person.

When does elder abuse qualify as a felony charge?

Each state draws the line its own way: California by the likelihood of great bodily harm or death and, for theft, by the value taken; Texas by the injury and by whether the person acted intentionally, knowingly or recklessly; Washington by the degree of criminal mistreatment. See the part above, Is Elder Abuse a Felony or a Misdemeanor?

What are the penalties for criminal elder abuse convictions?

They are set by the statute. In California they run from a fine or up to one year in a county jail to two, three or four years in the state prison, with further terms where the victim suffers great bodily injury or dies (Penal Code section 368).

How do prosecutors prove elder abuse in criminal cases?

By proving each part of the offense the statute sets out. In California that includes that the person knew or reasonably should have known that the victim was an elder or a dependent adult (Penal Code section 368), and the state has the burden of proving guilt beyond a reasonable doubt (section 1096).

What should you do if you suspect criminal elder abuse?

If the person is in danger now, call 911. Otherwise tell the adult protective services agency for the state where the person lives, or the long term care ombudsman if the person lives in a nursing home or in assisted living.

Emery Ledger

Emery Brett Ledger brings 28+ years of experience to personal injury law. He founded & led The Ledger Law Firm in securing over $100 million in compensation for clients with life-altering injuries & complex claims. Prior results do not guarantee a similar outcome. Licensed in California, Texas, & Washington, Emery earned his law degree from Pepperdine University School of Law. His practice areas include car & truck accidents, wrongful death, catastrophic injuries, maritime claims, & mass tort litigation. He has been recognized by The National Trial Lawyers’ Top 100, Mass Tort Trial Lawyers Top 25, and America’s Top 100 Personal Injury Attorneys. Emery also received the 2025 Elite Lawyer Award & holds a perfect 10.0 Avvo rating with Platinum Client Champion status. His legal work has been featured on CNN, Forbes, NBC, & ABC.