| |
Crime & Filing a Report
Crime Prevention
The Web site of the Los Angeles District
Attorney's Office offers valuable advice to prevent crimes
targeting seniors:
 |
Home Burglary, Purse Snatch and Avoiding False Friends |
 |
Personal Relationship, Caretaker Fraud |
 |
Telemarketing Fraud |
 |
Fraudulent Charities |
 |
Re-Victimizing Fraud Victims |
 |
Living Trust Frauds |
 |
Pyramid & Ponzi Fraud |
 |
Repair Fraud |
 |
Health Fraud |
 |
Identity Theft |
 |
Staged Auto Accidents |
 |
Real Estate Fraud |
This Web site can be reached at
http://da.co.la.ca.us/seniors/crimes.htm
You can also find valuable information at the National Consumer League
's National Fraud
Information Center. 
Filing a
Crime Report
WHERE TO FILE:
When a crime is committed, the jurisdiction usually belongs to the
location where the crime occurred. Many police departments provide
services in Los Angeles County. Our Police
Web page will guide you and help you
find where you should file your crime report.
WHEN TO FILE: As
soon as possible when you become aware that a crime has been committed.
Memories and evidence will be fresh. Your credibility will be greater. If
filing a police report could place someone in danger, the safety of all
involved should be considered before making your decision.
IS THERE A CRIME?
When the police responds to your call or you go to the station to file a
crime report, the officer will determine whether a crime occurred before
writing the report.
The California Penal Code Sections describe the
various "elements" needed for an event to be considered a crime.
When you describe what happened, the officer is trained to match the event
with the appropriate Penal Code Section (often the title of the report)
and to insure that the elements are present. The officer then includes in
the narrative of the report the details needed to prove that a crime
occurred.
You can search the California
Penal Code for the latest
information. This may help you insure that you mention all relevant
details and keep needed evidence.
Elder Abuse is defined in California Penal Code Section
368. The
Penal Code Sections or provisions of other codes, which may apply to your
situation are too numerous to describe here (see Applicable
Laws in this page). A Law Enforcement Officer is trained to determine
if a crime occurred and to take a police report.
Reports to Other Agencies
I reported a crime to Adult Protective
Services or to the Ombudsman, should I also file a crime report? ...YES!
Reporting criminal abuse or neglect of an elder or dependent adult can
be confusing since several agencies have jurisdiction:
Although agencies are supposed to cross-report...
 |
Sometimes
the cross report is not made; |
 |
Documents may get lost; |
 |
The original report made to a non-police agency may not have been
written with the Penal Code in mind; |
 |
This cross-report may not be
processed with the same speed or given the same importance as an original
police report; |
 |
Due
to workload and to the fact that a crime may not be evident, the
cross report might not be investigated and a police report might
never be filed; |
 |
The
cross-report is not entered into computerized records in a way that
permits easy access to the information by other law enforcement
agencies (repeat offenders); |
 |
The
cross-report does not receive a crime report (DR) number and does
not subject the investigating agency to the same level of internal
accountability as a police report. |
If a crime is involved, find the appropriate
law enforcement jurisdiction and file a police report. 
What Happens After you File a Crime Report
The crime report is given to a Detective who investigates the matter.
Depending on the police department involved and available resources, the
investigation may proceed quickly or be slowed down by a significant
backlog.
Call the Detective Desk and find out who has been assigned to your
case. Contacting the detective will spare him or her the effort of trying
to find you and will show that you are interested in your case. Any
significant delay or the closing/reject of your case should be explained
to you.
Felony cases are sent for review and filing to the District
Attorney's Office. Depending on the jurisdiction,
misdemeanor cases are handled by the City Attorney or the District
Attorney. In the City of Los Angeles, misdemeanors are handled by the Los
Angeles City
Attorney's Office.
Not every case meets the requirements needed for a successful
prosecution. A case may be closed/rejected although a problem still exists
and a senior is at risk. A complex problem needing the cooperation of
several agencies to protect a senior might benefit from a review by the
L.A. Metro Multidisciplinary Team for Consultation on Elders at Risk. Go
to the L.A. Metro MDT
page and review the criteria to see if the team can be of assistance to
protect an elder. 
Applicable Laws
California Penal Code Section 368
Elder Abuse is defined in California Penal Code Section
368:
(emphasis added)
 |
(a) The Legislature finds and
declares that crimes against elders and
dependent adults are deserving of special consideration and
protection, not unlike the special protections provided for minor
children, because elders and dependent adults may be confused, on
various medications, mentally or physically impaired, or incompetent,
and therefore less able to protect themselves, to understand or report
criminal conduct, or to testify in court proceedings on their own
behalf. |
 |
(b)
 |
(1) Any person who, under
circumstances or conditions likely to produce great bodily harm or
death, willfully causes or permits any elder or dependent adult,
with knowledge that he or she is an elder or a 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 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 subdivision (e) of 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) Any person 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, with knowledge that he or she is an elder or a
dependent adult, to suffer, or inflicts thereon unjustifiable physical
pain or mental suffering, or having the car or custody or 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 may be endangered, is guilty of a
misdemeanor. |
 |
(d) Any
person who is not a caretaker who violates any provision of law
proscribing theft or embezzlement, with respect to the
property of an elder or dependent adult, and who knows or reasonably
should know that the victim is an elder or dependent adult, is
punishable by imprisonment in a county jail not exceeding one year, or
in the state prison for two, three, or four years, when the money,
labor, or real or personal property taken is of a value exceeding four
hundred dollars ($400); and 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 money, labor, or
real or personal property taken is of a value not exceeding four
hundred dollars ($400). |
 |
(e) Any
caretaker of an elder or a dependent adult who violates any provision
of law proscribing theft or embezzlement, with respect to
the property of that elder or dependent adult, is punishable by
imprisonment in a county jail not exceeding one year, or in the state
prison for two, three, or four years when the money, labor, or real or
personal property taken is of a value exceeding four hundred dollars
($400), and 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 money, labor, or real or personal
property taken is of a value not exceeding four hundred dollars
($400). |
 |
(f) Any
person who commits the false imprisonment of an elder or dependent
adult by the use of violence, menace, fraud, or deceit is
punishable by imprisonment in the state prison for two, three, or four
years. |
 |
(g) As used in this section, "elder"
means any person who is 65 years or age or older. |
 |
(h) As used in this section, "dependent
adult" means any person who is between the ages of 18
and 64, who has physical or mental limitations which restrict his or
her ability to carry out normal activities or to protect his or her
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 any 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 any 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 any 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 any single offense.  |
Other Applicable Laws
The
Penal Code Sections or provisions of other codes, which may apply to your
situation are too numerous to describe here. Swindle.org
offers an extensive directory of elder abuse laws in California with links
to the full text for each law. You can also make a comprehensive search of the 29 Codes in California
Law.  |
|
|