Nevada NRS: Crimes Against Older Persons

• Study notes on crimes against older persons according to Nevada Revised Statutes (NRS).

Age Constituting Older Person

• An "older person" is defined as someone 60 years of age or older, according to NRS 200.5092.6.

Abuse

• "Abuse" involves the willful and unjustified infliction of pain, injury, or mental anguish on an older person.
• Abuse can include depriving a vulnerable person of necessary food, shelter, clothing, or services for maintaining physical or mental health.
• All elements of abuse do not have to be met to classify as a crime

Exploitation

• "Exploitation" is any act by a person who has the trust/confidence of an older person, misuses power of attorney, or guardianship.
• Exploitation involves gaining control over an older person’s money, assets, or property through deception, intimidation, or undue influence, with the intent to permanently deprive the older person of those assets.
• "Undue influence" excludes normal familial influence.

Isolation

• "Isolation" is defined as intentionally preventing an older person from having contact with other people or family.
• Includes preventing the older person from receiving visitors, mail, or telephone calls.
• Isolation excludes actions intended to protect the older person’s property, physical, or mental welfare, or actions taken under a physician's instructions.

Neglect

• "Neglect" is a failure to provide necessary care, like food, shelter, clothing, or services, by someone with legal or contractual responsibility, or voluntary assumed responsibility for an older/vulnerable person.

Vulnerable Person

• A "vulnerable person" defined as someone 18+ with physical/mental incapacitation from a developmental disability, organic brain damage, or mental illness.
• Includes those with limitations restricting their ability to perform daily activities.

Abandonment

• "Abandonment" involves deserting an older person or vulnerable person in an unsafe manner by a caretaker or person with a legal duty of care.
• Includes withdrawing necessary assistance owed to an older person or vulnerable person by a caretaker or other person with an obligation to provide services.

Signs and Symptoms of Abuse

• Communicate with older persons with dignity and respect (avoid condescension, make eye contact, speak clearly).
• Look for visual signs and listen carefully to what they are saying.
• Abuse symptoms may include physical/mental issues (missing money/property).

Myths to Avoid

• Civil matter or voluntary giving excludes a crime
• If victim refuses to participate, there is still a case
• Older/vulnerable persons can be credible witnesses
• Money reimbursed by financial institution means there still could be a crime
• Victim is deceased before theft discovered, there still could be a prosecution

Mandatory Reporters

• NRS 200.50935 covers the reporting of abuse, neglect, exploitation, or isolation of a vulnerable person.
• Mandatory reporters include professionals such as physicians, dentists, nurses, therapists and counselors
• Also includes hospital personnel, coroners, home nursing agency employees, Dept of Health and Human Services employees, law enforcement, probation officers, care facility employees
• Also includes social workers, funeral home employees, and volunteers with agencies advising vulnerable person

Time Frame for Reporting

• Reports must be made as soon as reasonably practicable, but no later than 24 hours after the person knows or has reasonable cause to believe abuse has occurred as per NRS 200.5093 1. (b).

Immunity for Civil/Criminal Liability

• "Good faith" means the reporter had reason to believe abuse/neglect was occurring.
• Immunity applies even if allegations cannot be fully substantiated.
• NRS 200.5096 extends immunity from liability to those who, in good faith, report and investigate alleged abuse, neglect, exploitation, or isolation of an older person.