What is the test for a felony elder abuse charge?
California, United States of America
The following excerpt is from People v. Brooks, F077107 (Cal. App. 2019):
A conviction for felony elder abuse requires proof of the following elements: (1) the defendant willfully causes or permits any elder adult to suffer unjustifiable physical pain or mental suffering; (2) the defendant's conduct occurs under conditions likely to produce great bodily harm or death; and (3) the defendant knows or reasonably should know the person is an elder adult. ( 368, subd. (b)(1); People v. Racy (2007) 148 Cal.App.4th 1327, 1334-1335 (Racy).)
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