Sexual Exploitation of a Senior May Be Prosecuted as a Registerable Sex Crime (PC 243.4, 289, 368)

California law prohibits all kinds of sexual abuse, particularly against vulnerable people such as the elderly and dependent adults. Sexual exploitation of a senior can lead to serious consequences.

A recent story out of Orange County illustrates the sad, but all too common occurrence of elder abuse, involving some rather disturbing circumstances…

Recent Example of Sexual Exploitation of a Senior

29-year-old David Moreno of Riverside worked as a maintenance staff member at the Emeritus Senior Living Complex in Yorba Linda. According to the Orange County District Attorney’s office, between June and July of 2012, Moreno entered the room of an elderly woman and sexually assaulted her.

The 69-year-old woman he assaulted suffered from dementia and was unable to prevent the abuse. Brea police investigators were able to link the former maintenance worker to the crime when they discovered DNA evidence belonging to Moreno left in the woman’s room.

Moreno plead guilty to one count of felony sexual battery on an institutionalized victim (Penal Code Section 243.4(b).) and one count of sexual penetration with a foreign object (Penal Code Section 289). He was sentenced to three years in prison and must register as sex offender for the remainder of his life while residing, working or attending school in California.

Sexual Exploitation of a Senior and PC 289, 243.4

If you sexually exploit a person who is incapable of giving consent due to a mental disorder or physical or developmental disability, you can be prosecuted for committing a registerable sex crime.

Mandatory sex offender registration applies to a wide variety of sexually motivated crimes, including sexual penetration with a foreign object (Penal Code Section 289). This is essentially a crime of rape involving any type of object that sexually penetrates another person however slightly. This includes use of an inanimate object, a finger, or even a penis if the victim is unaware he or she is being penetrated by the penis.

A conviction of PC 289 is typically charged as a felony and you can be sentenced to up to eight years in prison if committed against an adult victim.

Sexual battery is a registerable sex offense. If you willfully and intimately touch another person against their will for sexual purposes, you are in violation of California’s sexual battery law (Penal Code Section 243.4). Sexual battery is a “wobbler” offense. A misdemeanor conviction carries up to a year in jail. A felony conviction is punishable by up to four years in prison, depending on the circumstances of the offense.

How Else are the Elderly Protected in California? (PC 368)

California Penal Code Section 368 prohibits knowingly, intentionally and/or negligently placing an elderly person (over the age of 65) or a dependent person in a situation likely to cause physical harm or to suffer unnecessary pain. Elder or dependent adult abuse is a “wobbler” offense, meaning you may be charged with either a misdemeanor or a felony violation of this law depending on the circumstances and your criminal background.

A misdemeanor conviction is punishable by up to one year in jail and/or a fine up to $6,000. A felony conviction carries two, three or four years in prison, plus the same fine. Your punishment can increase if the alleged victim suffers great bodily injury or dies as a result of your willful conduct and/or is over the age of 70.

Call the Criminal Defense Attorneys at Wallin & Klarich Today

Abuse of an elderly or dependent adult is not limited to the crimes mentioned above. If you or someone you care about has been charged with a crime involving abuse or sexual exploitation of a vulnerable adult, you need to speak to one of our skilled criminal defense attorneys at Wallin & Klarich as soon as possible. You may be facing more than a criminal conviction; you could be sentenced to lifetime sex offender registration if the crime was sexually motivated.

With offices in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, our attorneys at Wallin & Klarich have over 40 years of experience successfully representing our clients facing dependent adult and elder abuse charges. We will fight to protect all of your constitutional rights. We will aggressively defend you during every step of the process. We will employ every strategy available to help you win your case.

Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free telephone consultation. We will get through this together.