statutes and laws used
in the prosecution of elder abuse
The observed behavior/condition is shown in red at the top of the section. The corresponding potential criminal justice actions are found below.
Confinement
The abuser/suspect holds another person against his/her will and/or engages in behavior which results in the person’s inability to freely move about or seek assistance. Confinement defined is, “some form of imprisonment within a given area such as a room, a house, or a vehicle.”
(294 N.C. 503)
.
POTENTIAL CRIMINAL JUSTICE ACTIONS:
(Statutes under which law enforcement may arrest and/or prosecution may occur)
1. Domestic Abuse, Neglect or Exploitation of Disabled or Elder Adults (M & F) N.C.G.S. 14-32.3
2. False Imprisonment (M) Common Law
3. First Degree Kidnapping (F) N.C.G.S. 14-39
4. Second Degree Kidnapping (F) N.C.G.S. 14-39
5. Felonious Restraint (F) N.C.G.S. 14-43.3
6. Domestic Criminal Trespass (M) N.C.G.S. 14-134.3
7. First Degree Trespass (M) N.C.G.S. 14-159.12
8. Second Degree Trespass (M) N.C.G.S. 14-159.13
In addition to remedies listed above, consider the following when abuse occurs in regulated facilities:
1. Patient Abuse and Neglect (F) N.C.G.S. 14-32.2
Note: N.C.G.S. 14-32.2(g) requires that criminal process charging a violation of this statute may be issued only on the request of a district attorney.
M = Misdemeanor
F = Felony
Denial of Access
Entry is refused or denied by either the victim and/or abuser to any law enforcement officer or adult protective services representative into a home where assistance is needed.
POTENTIAL CRIMINAL JUSTICE ACTIONS:
(Statutes under which law enforcement may arrest and/or prosecution may occur)
1. Common-Law Obstruction of Justice (M) Common Law
2. Common-Law Obstruction of Justice (F) N.C.G.S 14-3(b)
3. Resisting, Delaying, or Obstructing an Officer (M) N.C.G.S. 14-223
Emotional or Psychological Abuse
The abuser/suspect engages in demeaning and degrading activities such as name calling, put downs, etc. This accompanies insults, threats of violence and physical violence meant to overpower, demean, minimize and blame another and to make them feel as less than they are. These tactics allow for control of the victim by the two important channels of emotions and/or psychological manipulation.
POTENTIAL CRIMINAL JUSTICE ACTIONS:
(Statutes under which law enforcement may arrest and/or prosecution may occur)
1.Communicating Threats (M) N.C.G.S. 14-277.1
2. Cyber Stalking (M) N.C.G.S. 14-196.3
3. Domestic Abuse, Neglect or Exploitation of Disabled or
Elder Adults (M & F) N.C.G.S. 14-32.3
4. Harassing Phone Calls (M) N.C.G.S. 14-196
5. Injury to Personal Property (M) N.C.G.S. 14-160
6. Injury to Real Property (M) N.C.G.S. 14-127
7. Stalking (M & F) N.C.G.S. 14-277.3
In addition to remedies listed above, consider the following when abuse occurs in regulated facilities:
1. Patient Abuse and Neglect (F) N.C.G.S. 14-32.2
Note: N.C.G.S. 14-32.2(g) requires that criminal process charging a violation of this statute may be issued only on the request of a district attorney.
Exploitation & Fraud
Victim exhibits disparity between income/assets and lifestyle; unexplained or sudden inability to pay bills, purchase food or personal care items; fear or anxiety when discussing finances; unprecedented transfer of assets from victim to others; extraordinary interest by family members in victim’s assets; forced or unpaid labor.
POTENTIAL CRIMINAL JUSTICE ACTIONS:
(Statutes under which law enforcement may arrest and/or prosecution may occur)
1. Computer Fraud (F) N.C.G.S 14-454
2. Domestic Abuse, Neglect or Exploitation of Disabled or Elder Adults (M & F) N.C.G.S. 14-32.3
3. Embezzlement (F) N.C.G.S. 14-90
4. Extortion (F) N.C.G.S. 14-118.4
5. Financial Identity Theft (F) N.C.G.S. 14-113.20
6. Financial Transaction Card Forgery (F) N.C.G.S. 14-113.11
7. Financial Transaction Card Fraud (F) N.C.G.S. 14-113.13
8. Financial Transaction Card Theft (F) N.C.G.S. 14-113.9
9. Forgery of Notes, Checks and Other Securities (F) N.C.G.S. 14-119
10. Common-Law Forgery (M & Felony) Common Law
11. Fraudulent Purchase of Security (M) N.C.G.S. 14-114
12. Larceny (M) N.C.G.S. 14-72
13. Larceny by Employee (F) N.C.G.S. 14-74
14. Larceny by Trick (M) N.C.G.S. 14-72(b)
15. Felonious Larceny (F) N.C.G.S. 14-72
16. Obtaining Property by False Pretenses (F) N.C.G.S 14-100
17. Robbery (F) Common Law
18. Securities (F) N.C.G.S 14-119
19. Trafficking in Stolen Identities (F) N.C.G.S. 14-113.20(a)
20. Uttering Forged Checks (F) N.C.G.S. 14-120
21. Common-Law Uttering of Forged Paper (F) Common Law
22. Receiving Money Improperly from Bank Machine (F) N.C.G.S. 14-113.13(a)(5)
M = Misdemeanor
F = Felony
Neglect
Neglect is the refusal or failure of a caregiver to fulfill any part of that person’s obligations or duties to care for an older adult. The suspect
withholds, misuses or delays needed support(s), (eyeglasses, hearing aids, communication devices, mobility equipment, etc.); fails to follow medical, therapy or safety recommendations; fails to assist or prevents mobility; denies or creates long waits for food, heat or care. The victim may exhibit dehydration, malnutrition, hypo/hyperthermia, excessive dirt or odor, inadequate or inappropriate clothing, unexpected or unexplained weight loss or deterioration of health, bedsores, or signs of
excess drugging.
POTENTIAL CRIMINAL JUSTICE ACTIONS:
(Statutes under which law enforcement may arrest and/or prosecution may occur)
Abuse, Neglect or Exploitation of Disabled or Elder Adults (M & F) N.C.G.S. 14-32.3
In addition to remedies listed above, consider the following when abuse occurs in regulated facilities:
1. Patient Abuse and Neglect (F) N.C.G.S. 14-32.2
Note: N.C.G.S. 14-32.2(g) requires that criminal process charging a violation of this statute may be issued only on the request of a district attorney.
Physical Abuse
Defined by North Carolina common law as, “an overt act or attempt, or the unequivocal appearance of attempt, with force and violence, to immediately physically injure another person with the show of force or menace of violence being sufficient to put a reasonable person in fear of immediate physical injury,” (270 N.C. 655; 89 N.C. App. 372
; 115 N.C. App. 687; N.C.P.I. – Crim. 208.40)
POTENTIAL CRIMINAL JUSTICE ACTIONS:
(Statutes under which law enforcement may arrest and/or prosecution may occur)
1. Abuse of Disabled or Neglected Adult (F) – Domestic N.C.G.S. 14-32.3
2. Assault (M) N.C.G.S. 14-33
3. Assault Inflicting Serious Injury (M) N.C.G.S. 14-33(c)(1)
4. Assault Inflicting Serious Bodily Injury (F) N.C.G.S. 14-32.4
5. Assault on a Handicapped Person (M) N.G.C.S. 14-32.1
6. Aggravated Assault on Handicapped Person (F) N.C.G.S. 14-32.1(e)
7. Assault on a Female (M) N.C.G.S. 14-33(c)(2)
8. Assault with a Deadly Weapon (M) N.C.G.S. 14-33(c)(1)
9. Assault w/Deadly Weapon Inflicting Serious Injury (F) N.C.G.S 14-32(b)
10. Assault w/Deadly Weapon W/Intent to Kill/Injury (F) N.C.G.S. 14-32(a)
11. Communicating Threats (M) N.C.G.S. 14-277.1
In addition to remedies listed above, consider the following when abuse occurs in regulated facilities:
1. Patient Abuse and Neglect (F) N.C.G.S. 14-32.2
M = Misdemeanor
F = Felony
Sexual Abuse
The abuser/suspect engages in unwanted sexual contact which might result in torn, stained or bloody underclothing; difficulty in walking or sitting; pain, itching, bruising, or bleeding in genital area, unexplained venereal disease or genital infections. Abuser/suspect engages in public sexual gratification with another person. Abuser/suspect engages in exhibitionism, voyeuristic activity, and sexual harassment. Abuser/suspect causes unwarranted, intrusive, and/or painful procedures in caring for the victim’s genitals or rectal area.
POTENTIAL CRIMINAL JUSTICE ACTIONS:
(Statutes under which law enforcement may arrest and/or prosecution may occur)
1. First Degree Forcible Rape (F) N.C.G.S. 14-27.2
2. Second-Degree Forcible Rape (F) N.C.G.S. 14-27.3
3. First Degree Forcible Sexual Offense (F) N.C.G.S. 14-27.4
4. Second Degree Forcible Sexual Offense (F) N.C.G.S. 14-27.5
5. Crime against Nature (F) N.C.G.S. 14-177
6. Incest (F) N.C.G.S. 14-178
7. Indecent Exposure (M) N.C.G.S. 14-190.9
8. Secretly Peeping Statute (M) N.C.G.S. 14-202
In addition to remedies listed above, consider the following when abuse occurs in regulated facilities:
1. Sexual Activity by a Custodian (F) N.C.G.S. 14-32.2
Stalking
Abuser maintains visual and physical proximity with another person without that person’s consent or outside of necessary safety precautions; tracking person in such a manner to cause the person to fear for his/her safety and/or the safety of others; repeatedly follows or harasses another person.
POTENTIAL CRIMINAL JUSTICE ACTIONS:
(Statutes under which law enforcement may arrest and/or prosecution may occur)
Communicating Threats (M) N.C.G.S. 14-277.1
Cyber Stalking (M) N.C.G.S. 14-196.3
Harassing Phone Calls (M) N.C.G.S. 14-196
Stalking (M & F) N.C.G.S. 14-277.3
Violation of Domestic Violence Protective Order (M) N.C.G.S. 50-4.1
M = Misdemeanor
F = Felony
