Exploitation, Neglect and Abuse of Elderly
Title 21 of the Oklahoma Statutes, § 843.1 states that it is unlawful to abuse, neglect or exploit an elderly person who is under your care. This includes:
- Physical abuse
- Sexual abuse
- Physical neglect
- Financial neglect
- Financial exploitation
A caretaker may be a home health nurse, nursing home employee, adult sitter, or even a family member. Regardless of your relationship to the victim, these crimes are taken very seriously in Oklahoma and are punishable under our state’s laws.
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What Is Considered Financial Exploitation?
Statistically speaking, financial exploitation is the third most common crime committed against the elderly, with neglect being the first and physical abuse the second most common. Financial exploitation means:
- Deceiving or intimidating an elderly person to gain access to his or her money or property for your own benefit
- Obtaining or using or attempting to obtain or use an elderly person’s money or property while knowing that he or she is incapable of consent
Penalties for Abuse, Neglect and Exploitation
These crimes against the elderly are considered felonies. Potential punishments include:
- Up to 10 years in prison
- Fine of up to $10,000
Sexual abuse of the elderly may receive a sentence of up to 15 years in prison.
Verbal Abuse by a Caretaker
Verbal abuse is defined as repeated use of words, sounds or other communications by a caretaker that are being used to humiliate, intimidate, cause fear, embarrass, shame or degrade the person being cared for. These actions include language, gestures, actions or behaviors.
Verbal Abuse by a Caretaker is a misdemeanor. If convicted, it carries up to one year in the county jail and/or up to a $1000 fine.
Elderly abuse cases are general taken very serious by the District Attorney’s Office so it is important to have attorneys that will fight for you. It is important to remember that consent is not s defense in these cases. Call the legal team at Hunsucker Legal Group to protect you.
Call the Hunsucker Legal Group at (405) 544-2992 to schedule a free, no-risk case consultation today.
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DEFENDING OVER 300 CRIMINAL CASES A YEAR John Hunsucker, Director on the Board of the Oklahoma Criminal Defense Lawyer’s AssociationServing as Oklahoma’s NCDD State Delegate, John is also a Faculty Member of the National College for DUI Defense. John and the Hunsucker team surpass the required continuing education each year and train and/or instruct not only on a statewide level, but nationally also.
