“Elder Abuse” is ONLY charged when the two KNOW each other and have a RELATIONSHIP....according to an attorney.
RE: the two KNOW each other and have a RELATIONSHIP
Define RELATIONSHIP.
However, it should be noted that it’s harder to make the charge stick in the case of a stranger because the prosecutor would have to prove that the perpetrator knew how old the victim was (elder abuse involves victims over the age of 65 in most cases).
368 (d) Penal Code defines punishment for Persons not in a caretaker relationship.
(e) defines it for caretakers.
368 (f) defines punishments for “a person” - doesn’t matter if they are in a relationship or not.
Elder abuse most commonly comes up with caretakers so that may be what the attorney is familiar with.
Anyway, in this particular case, I would guess this is a charge that will get dismissed as part of the deal making.
The Defense may even go for mentally incompetent for this example of Berkeley Wild Man.
He seems pretty woo woo to me.
I am pretty sure if you abuse an elder regardless of relationship you could be charged with that.
Matter of fact 81 million voters should be charged with that. Or at least the several that made that happen.
I don’t know about the “elder abuse” phrase, but penalties for assaulting elderly people are much more severe in at least a few states.
I wouldn’t be surprised if there was some kind of relationship, though. It’s San Francisco.