PC 368(b) | Domestic Violence Against Disabled

Penal Code 368(b) PC - Domestic Violence Against a Person with Disabilities

California Penal Code 368(b) PC defines the grave crime of domestic violence against a disabled person or dependent adult. This category falls under the broader and equally serious issue of elder abuse.

A "dependent adult" is anyone aged 18 to 64 who has physical or mental limitations restricting their ability to carry out everyday activities or protect their rights. This includes people with developmental disabilities or diminished capacities due to age.

PC 368(b) PC defines the serious crime of domestic violence against a person with disabilities.

This law serves as a shield for our most vulnerable citizens, including those with physical or mental disabilities, who are at a heightened risk of mistreatment. It's crucial to understand that these individuals require and deserve stricter legal protections.

For example, suppose you are convicted of PC 368(b) domestic violence against someone with a disability. In that case, you will face harsher penalties than you would receive for a standard domestic battery case against a healthy intimate.

Domestic violence against a disabled person typically involves a caregiver, family member, or someone in a position of trust inflicting harm. It's important to recognize the responsibility and accountability that comes with these roles.

This can include physical abuse, neglect, emotional abuse, or financial exploitation. Due to the victim's vulnerable position, the law considers such crimes with greater severity to ensure their protection.

What Are the Statistics?

Studies have shown that women with disabilities have a greater risk of violence than women without disabilities, and women with disabilities are at particular risk for severe violence.

The most common perpetrators of violence against women with disabilities are their male partners, and almost one-half of abuse cases involve elder adults who are not physically able to care for themselves.

Other studies estimate that over 70% of cases of abuse against adults with disabilities are unreported. Victims with disabilities are often more vulnerable to threats by their abusers if they report the abuse.

Crimes of violence against people with disabilities are less likely to be prosecuted compared to crimes committed against people without disabilities.

One of the reasons why people with disabilities don't report abuse is that they still care about the abuser, which creates mixed emotions about reporting the crimes, participating in prosecutions, and making changes to protect themselves.

Another reason is that they might not have the ability to act independently to ask for help. They might also lack knowledge about how to access services that could help them.

Many victims of violence are dependent on their abusive caretakers and run the risk of losing their caretakers if they report abuse. Victims might experience an increased risk of being institutionalized if they are considered unable to take care of themselves without the help of their abuser.

What Does the Law 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 Must Be Proven to Convict?

To convict someone for committing domestic violence against a disabled person under Penal Code 368(b) PC, the district attorney must prove all the elements of the crime beyond a reasonable doubt, such as the following:

You knew or reasonably should have known that the victim was a dependent adult with a disability.
You willfully caused or permitted the dependent adult to suffer unjustifiable physical pain or mental suffering.
Your behavior occurred under circumstances or conditions likely to produce great bodily harm or death.
You had care or custody of the person with a disability.

What are the PC 368(b) Penalties?

PC 368(b) domestic violence against a disabled person is a "wobbler," a term used in California law to describe offenses that can be charged as either a misdemeanor or a felony. The decision is based on the severity of the offense and the danger or harm inflicted on the victim. The possible penalties include:

If the act of violence could have endangered their life or health, it will typically be filed as a misdemeanor that carries up to one year in county jail, a fine of up to $6,000, or both.
Suppose the abuse inflicted had a high chance of causing great bodily injury or death. In that case, it will be filed as a felony offense that carries two, three, or four years in state prison.

Notably, there are enhanced penalties if abuse results in serious bodily injury or death to the victim, such as the following:

If a great bodily injury occurs, the judge could impose an additional three years in prison if the victim is under 70 and five years if they are 70 or older.
If death occurs, the judge can impose an additional five years if the victim is under 70 and seven years if the victim is 70 or older.

What are the Legal Defenses?

Suppose you were accused of committing domestic violence against a person with disabilities. In that case, a California criminal defense attorney can use different strategies to obtain the best possible outcome, such as the following:

Perhaps the harm caused to the victim was accidental and not willful or negligent conduct.
Perhaps we can argue the allegations are false and motivated by other motives, such as an ongoing family dispute or to gain control of assets.
Perhaps you did not know the victim was a dependent adult or disabled person, which could be difficult to prove.

For additional information, contact our criminal defense law firm, Cron, Israels & Stark, based in Los Angeles, CA.

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