Elder/Older Adult Abuse
New York Penal Law section 120.05(12) Assault in the second degree—person 65 or older
New York Penal Law section 190.65 Scheme to defraud in the first degree
New York Penal Law section 260.24 Endangering the welfare of an incompetent or physically disabled person in the second degree
New York Penal Law section 260.25 Endangering the welfare of an incompetent or physically disabled person in the first degree
New York Penal Law section 260.31 Vulnerable elderly persons; definitions
New York Penal Law section 260.32 Endangering the welfare of a vulnerable elderly person, or an incompetent or physically disabled person in the second degree
New York Penal Law section 260.34 Endangering the welfare of a vulnerable elderly person, or an incompetent or physically disabled person in the second degree
New York Penal Law section 485.05 Hate crimes—person 60 or older
Alternate Charges
Please note that the following are possible alternatives to a charge of elder or older adult abuse, and their applicability may vary depending on the specific laws of each state. Additionally, the terms used in state statutes may differ. This list is not comprehensive and is intended solely to encourage the exploration of other relevant laws.
Physical Abuse: assault and battery; homicide and related; kidnapping; domestic abuse
Sexual Abuse: assault and battery; sexual abuse; lascivious conduct; indecent exposure; domestic abuse; trafficking
Emotional/Psychological Abuse: harassment; stalking; hate crimes; eavesdropping
Financial Exploitation: embezzlement; forgery; theft and related; fraud; identify theft; burglary and robbery; money laundering; RICO; trafficking; unauthorized use of property
Neglect: homicide and related; endangerment; false imprisonment
Elder/Older Adult Abuse - Protective Orders
New York Penal Law section 473-A Short-term involuntary protective services orders
New York Penal Law section 473-C An order to gain access to persons believed to be in need of protective services for adults
Suspected Financial Exploitation - Transaction Holds
No Known Laws on Transaction Holds for Suspected Financial Exploitation
