Elder Abuse

Other Crimes: Elder Abuse

The laws regarding Elder Abuse are lengthy and seem extremely complex. Elder Abuse is very simple, though, and it can lead to very harsh punishments in Nevada.


In order to understand Nevada’s laws relating to Elder abuse, it is important to know that they apply to more than just the elderly. All of the laws apply to both elderly people and what are referred to as “vulnerable people.”


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Frequently Asked Questions

  • What is the definition of Elder Abuse and Abuse of Vulnerable Persons?

    They first define the two categories as:

    • People over the age of 60; and
    • People over 18 who suffer from physical or mental conditions or disabilities.

    The statutes then define the 4 types of Abuse that are criminalized as:


    Abuse – Abusive conduct has three elements:

    • Willful– The conduct must be intentional and deliberate;
    • Unjustified – The conduct must be unwarranted and unreasonable;
    • Pain, Anguish, or Deprivation – The conduct must constitute physical or mental pain or anguish, or the deprivation of food, shelter, clothing or other services necessary to the preservation of physical or mental health.

    Isolation – Isolation requires willfully (intentionally) and maliciously (cruelly or spitefully) preventing the victim from contact with another person. This can mean complete isolation, where the victim is not allowed to have contact with anyone, or isolation from specific people, such as family members or other loved ones.


    Neglect – Failure to provide the care and/or attention that you are contractually or legally obligated to provide to the victim.


    Exploitation – Using the trust or legal power that the victim has instilled in you to either gain control of the victim’s assets or to deprive them of those assets.


    NRS 200.50925 applies to the reporting aspects of abuse of the elderly and vulnerable persons. It defines “reasonable cause to believe” and “as soon as reasonably practicable” in the manner that the terms are most commonly understood.


  • If that defines the crime, then what else is there to know?

    The Nevada Legislature has also explained the reporting and recording requirements in NRS 200.5093, and 200.50935.


    The first part is the reporting requirements. There are certain classifications of people that are required to report any suspected abuse, neglect, isolation or exploitation. Anyone who is a member of one of these classifications is required to file a report if the know, or have reason to believe that an elderly or vulnerable person has been or is being abuse, neglected, isolated or exploited, or if they suspect that an older person has died as a result of the abuse, neglect, isolation or exploitation.


    • Any medical provider of any kind;
    • Any person working for a hospital or other institution engaged in medical care and/or treatment;
    • A coroner;
    • Anyone who works for a company that provides in-home personal care, including medical treatment;
    • Employees of the Department of Health and Human Services;
    • Any employee of a law enforcement agency or probationary services;
    • An employee of a count office for protective services;
    • Any person who works for any agency or organization intended to assist elderly persons;
    • Any social worker; and
    • Anyone who works for a funeral home or mortuary.

    Anyone who is not a member of one of these classes of people may report any suspected abuse, neglect, isolation, or exploitation of an elderly or vulnerable person, or if they suspect that someone has died as a result of the abuse, neglect, isolation, or exploitation.


    Please Note: All reports must be made as soon as reasonably practicable but must be made within 24 hours of learning or having reason to believe of the abuse, neglect, exploitation or isolation.


  • What about the Mandatory Reporting requirements, what happens if I don’t report?

    As noted above, there are certain situations in which reporting known or suspected abuse, neglect, exploitation or isolation of an elder person or vulnerable person is mandatory. Generally, the groups that are required to report suspected abuse, neglect, exploitation or isolation are medical workers, social workers, law enforcement officials, and any other person who is charged with the care, custody and/or treatment of the elder or vulnerable person.


    The failure to report in these circumstances is a misdemeanor and carries with it a punishment of:

    • Up to 6 months in jail; and/or
    • Possible fines up to $1,000.

  • How do I make a report if I suspect that an older or vulnerable person is being abused, neglected, exploited or isolated?

    NRS 22.5094 dictates the manner of making reports.


    Reporting can be made in any manner, so long as the person making the report reasonably believes that the manner is a reliable and swift manner of making the report.


    Reports must contain all of the information stated in subsection 2:

    • The name and address of the person being abused, neglected, exploited or isolated;
    • The name and address of the person that is responsible for the care and treatment of the older or vulnerable person;
    • The nature and extent of the abuse, neglect, exploitation or isolation of the older or vulnerable person;
    • Any evidence of previous injuries; and
    • If possible, the name and address of the person who is alleged to have abused, neglected, exploited or isolated the older or vulnerable person.

    Please Note: if the report is made orally, the person who receives the report is required to reduce the report to writing as soon as reasonably practicable.


    If the suspected abuse, neglect, exploitation or isolation is of an older person, the reporting is done to:

    • A local office of the Aging and Disability Services Division of the Department of Health and Human Services;
    • A toll-free telephone service designated by the Aging and Disability Services Division of the Department of Health and Human Services;
    • A police department or sheriff’s office;
    • The county’s office for protective services, if one exists;

    If the suspected abuse, neglect, exploitation or isolation is of a vulnerable person, then the reporting must be made to a law enforcement agency.


    Once again, any suspected abuse, neglect, exploitation, or isolation must be made within 24 hours of suspecting or knowing of the conduct.


  • If I make a report, is my information confidential?

    Generally speaking, the information in reports is confidential. There are, however, certain situations where the information can be disclosed, and other situations where the information must be disclosed. The disclosure of information is set forth in NRS 200.5982.


    Essentially, disclosure can be made by any agency investigating a report, but only if the agency:


    • Determines that disclosure is in the best interest of the older or vulnerable person, and
    • The agency takes whatever safeguards they can to ensure the confidentiality of the information in the report.

    There are also times when the information in reports must be disclosed. This occurs when the Aging and Disability Services Division of the Department of Health and Human Services is investigating and requests the information from a law enforcement agency. The report must:


    • Include the records of criminal history of the person alleged to be abusing, neglecting, exploiting or isolating the older or vulnerable person;
    • The residence of the person alleged to be abusing, neglecting, exploiting or isolating the older or vulnerable person;
    • A summary of any events, incidents or arrests, in the previous 90 days, made at the residence of the person alleged to be abusing, neglecting, exploiting or isolating the older or vulnerable person, so long as the events, incidents or arrests involve physical violence or concerns related to public safety or the health or safety of the older person;
    • Must be made as soon as possible after the request.

  • Is there anything else I should know about?

    Yes. Conspiracy to commit abuse, neglect, exploitation or isolation of an elder or vulnerable person, and failure to report suspected abuse, neglect, exploitation or isolation are both crimes in Nevada.


    Please Note: Any offense for conspiracy to abuse, neglect, exploit or isolate an elder or vulnerable person can also include any and all restitution necessary to make the victim “whole” again. Those convicted of the conspiracy are jointly and severally liable, meaning that the victim need only have one of the alleged co-conspirators convicted, and then that person would be liable for the entire amount of restitution, but if more than one is convicted, then the amount of restitution could be split between all of the co-conspirators.


Penalties

What you need to know

Okay, so what are the penalties?


The penalties for abuse, neglect, exploitation, or isolation of an older or vulnerable person depend on the type of conduct as well as how much harm was done.

For a first offense with no substantial bodily or mental harm, the crime will be charged as a gross misdemeanor, and can carry a sentence of:

  • Up to 364 days in jail; and/or
  • Up to $2,000 in fines.

For any subsequent offense, the crime will be charged as a category B felony, the sentence for which is:

  • Between 2 and 6 years in a Nevada State Prison

However, if the abuse results in any substantial bodily or mental harm, then the crime will be charged as Category B felony and will carry

  • Between 2 and 20 years in prison.

Please Note: Any offense for abuse of an elder or vulnerable person can also include any and all restitution necessary to make the victim “whole” again.


For any offense with no substantial bodily or mental harm, the crime will be charged as a gross misdemeanor, and can carry a sentence of:

  • Up to 364 days in jail; and/or
  • Up to $2,000 in fines.

However, if the neglect results in any substantial bodily or mental harm, then the crime will be charged as Category B felony and will carry

  • Between 2 and 6 years in prison.

Please Note: Any offense for neglect of an elder or vulnerable person can also include any and all restitution necessary to make the victim “whole” again.


Elder Exploitation punishments are determined by the amount of money or assets that were obtained or misused.


If the assets are valued at less than $650, the exploitation is a misdemeanor punished by::

  • Up to 364 days in jail; and/or
  • Up to $2,000 in fines.

If the assets are worth between $650 and $5,000, the exploitation is a category B felony, punished by:

  • Between 2 and 10 years in a Prison; and/or
  • Up to $10,000 in fines.

If the assets are worth $5,000 or more, the exploitation is a category B felony, punished by:

  • Between 2 and 20 years in a Prison; and/or
  • Up to $25,000 in fines.

If the amount of the assets cannot be determined, then the exploitation will be charged as a gross misdemeanor, punishable by:

  • Up to 364 days in jail; and/or
  • Up to $2,000 in fines

Please Note: Any offense for exploitation of an elder or vulnerable person can also include any and all restitution necessary to make the victim “whole” again.


For a first offense, the crime will be charged as a gross misdemeanor, and can carry a sentence of:

  • Up to 364 days in jail; and/or
  • Up to $2,000 in fines.

For any subsequent offense, the crime will be charged as a category B felony, the sentence for which is:

  • Between 2 and 10 years in Prison; and
  • Possible fines up to $5,000.

Please Note: Any offense for isolation of an elder or vulnerable person can also include any and all restitution necessary to make the victim “whole” again.



There are also penalties for Conspiring to Commit abuse, neglect, exploitation, or isolation of an older or vulnerable person, as well as penalties for Failing to Report abuse when you are legally required to.

The penalties for conspiracy to commit elder abuse, neglect, exploitation or isolation are:


For a first offense, the crime will be charged as a gross misdemeanor, and can carry a sentence of:

  • Up to 364 days in jail; and/or
  • Up to $2,000 in fines.

For any subsequent offense, the crime will be charged as a category C felony, the sentence for which is:

  • Between 1 and 5 years in Prison; and
  • Possible fines up to $5,000.

The failure to report in these circumstances is a misdemeanor and carries with it a punishment of:

  • Up to 6 months in jail; and/or
  • Possible fines up to $1,000.

Defense

We at LippLaw are dedicated to giving you the best defense for your case.

Are there any defenses?


Yes, of course there are. In fact, Criminal Neglect of Patients is an extremely vague and difficult to prove charge. Some of the possible defenses include:

False Accusations

Whether out of revenge or anger, accusations of abuse, neglect, exploitation, or isolation are not always accurate. The state is required to prove the allegations beyond a reasonable doubt. If the prosecutor cannot do so, then the charges should be dropped or dismissed.

Accident

Accident is a specific type of false accusation where the older or vulnerable person injures themselves through some form of accident, and the injury appears to be from abuse. However, the prosecution will still be required to prove, beyond a reasonable doubt, that the injuries were from abuse, or the charges should be dropped or dismissed.

Self-Defense

If the alleged abuse was done in reaction to an immediate threat of physical harm, then self-defense might apply. However, the physical force used in self-defense must be proportional to the immediate threat of harm that you are defending against.

What should I do if I’ve been charged with Elder Abuse?


As with any crime, it is very important that you speak with an experienced criminal defense attorney as soon as possible so that you can discuss the specific circumstances as well as any defenses that may apply to your case. Contact Lipp Law today.

THE ABOVE INFORMATION IS PROVIDED FOR GENERAL REFERENCE PURPOSES AND SHOULD NOT BE CONSIDERED AS A GUIDE TO YOUR SPECIFIC CIRCUMSTANCES.

Related Laws

Laws as defined by the NRS and explanations

Abuse, Neglect, Exploitation, Isolation or Abandonment of Older Persons and Vulnerable Persons Laws

  • NRS 200.5091 - Policy of State.

    It is the policy of this State to provide for the cooperation of law enforcement officials, courts of competent jurisdiction and all appropriate state agencies providing human services in identifying the abuse, neglect, exploitation, isolation and abandonment of older persons and vulnerable persons through the complete reporting of abuse, neglect, exploitation, isolation and abandonment of older persons and vulnerable persons.

  • NRS 200.5092 - Definitions.

    As used in NRS 200.5091 to 200.50995, inclusive, unless the context otherwise requires:

          1.  “Abandonment” means:

                (a) Desertion of an older person or a vulnerable person in an unsafe manner by a caretaker or other person with a legal duty of care; or

                (b) Withdrawal of necessary assistance owed to an older person or a vulnerable person by a caretaker or other person with an obligation to provide services to the older person or vulnerable person.

          2.  “Abuse” means willful:

                (a) Infliction of pain or injury on an older person or a vulnerable person;

                (b) Deprivation of food, shelter, clothing or services which are necessary to maintain the physical or mental health of an older person or a vulnerable person;

                (c) Infliction of psychological or emotional anguish, pain or distress on an older person or a vulnerable person through any act, including, without limitation:

                      (1) Threatening, controlling or socially isolating the older person or vulnerable person;

                      (2) Disregarding the needs of the older person or vulnerable person; or

                      (3) Harming, damaging or destroying any property of the older person or vulnerable person, including, without limitation, pets;

                (d) Nonconsensual sexual contact with an older person or a vulnerable person, including, without limitation:

                      (1) An act that the older person or vulnerable person is unable to understand or to which the older person or vulnerable person is unable to communicate his or her objection; or

                      (2) Intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh or buttocks of the older person or vulnerable person; or

                (e) Permitting any of the acts described in paragraphs (a) to (d), inclusive, to be committed against an older person or a vulnerable person.

          3.  “Exploitation” means any act taken by a person who has the trust and confidence of an older person or a vulnerable person or any use of the power of attorney or guardianship of an older person or a vulnerable person to:

                (a) Obtain control, through deception, intimidation or undue influence, over the older person’s or vulnerable person’s money, assets or property with the intention of permanently depriving the older person or vulnerable person of the ownership, use, benefit or possession of his or her money, assets or property; or

                (b) Convert money, assets or property of the older person or vulnerable person with the intention of permanently depriving the older person or vulnerable person of the ownership, use, benefit or possession of his or her money, assets or property.

     ->   As used in this subsection, “undue influence” means the improper use of power or trust in a way that deprives a person of his or her free will and substitutes the objectives of another person. The term does not include the normal influence that one member of a family has over another.

          4.  “Isolation” means preventing an older person or a vulnerable person from having contact with another person by:

                (a) Intentionally preventing the older person or vulnerable person from receiving visitors, mail or telephone calls, including, without limitation, communicating to a person who comes to visit the older person or vulnerable person or a person who telephones the older person or vulnerable person that the older person or vulnerable person is not present or does not want to meet with or talk to the visitor or caller knowing that the statement is false, contrary to the express wishes of the older person or vulnerable person and intended to prevent the older person or vulnerable person from having contact with the visitor;

                (b) Physically restraining the older person or vulnerable person to prevent the older person or vulnerable person from meeting with a person who comes to visit the older person or vulnerable person; or

                (c) Permitting any of the acts described in paragraphs (a) and (b) to be committed against an older person or a vulnerable person.

     ->   The term does not include an act intended to protect the property or physical or mental welfare of the older person or vulnerable person or an act performed pursuant to the instructions of a physician of the older person or vulnerable person.

          5.  “Neglect” means the failure of a person or a manager of a facility who has assumed legal responsibility or a contractual obligation for caring for an older person or a vulnerable person or who has voluntarily assumed responsibility for his or her care to provide food, shelter, clothing or services which are necessary to maintain the physical or mental health of the older person or vulnerable person.

          6.  “Older person” means a person who is 60 years of age or older.

          7.  “Protective services” means services the purpose of which is to prevent and remedy the abuse, neglect, exploitation, isolation and abandonment of older persons or vulnerable persons. The services may include:

                (a) The investigation, evaluation, counseling, arrangement and referral for other services and assistance; and

                (b) Services provided to an older person or a vulnerable person who is unable to provide for his or her own needs.

          8.  “Vulnerable person” means a person 18 years of age or older who:

                (a) Suffers from a condition of physical or mental incapacitation because of a developmental disability, organic brain damage or mental illness; or

                (b) Has one or more physical or mental limitations that restrict the ability of the person to perform the normal activities of daily living.

  • NRS 200.50925 - “Reasonable cause to believe” and “as soon as reasonably practicable” defined.

    For the purposes of NRS 200.5091 to 200.50995, inclusive, a person:

          1.  Has “reasonable cause to believe” if, in light of all the surrounding facts and circumstances which are known or which reasonably should be known to the person at the time, a reasonable person would believe, under those facts and circumstances, that an act, transaction, event, situation or condition exists, is occurring or has occurred.

          2.  Acts “as soon as reasonably practicable” if, in light of all the surrounding facts and circumstances which are known or which reasonably should be known to the person at the time, a reasonable person would act within approximately the same period under those facts and circumstances.

  • NRS 200.5093 - Report of abuse; voluntary and mandatory reports; investigation; penalty.

          1.  Any person who is described in subsection 4 and who, in a professional or occupational capacity, knows or has reasonable cause to believe that an older person or vulnerable person has been abused, neglected, exploited, isolated or abandoned shall:

                (a) Except as otherwise provided in subsection 2, report the abuse, neglect, exploitation, isolation or abandonment of the older person or vulnerable person to:

                      (1) The local office of the Aging and Disability Services Division of the Department of Health and Human Services;

                      (2) A police department or sheriff’s office; or

                      (3) A toll-free telephone service designated by the Aging and Disability Services Division of the Department of Health and Human Services; and

                (b) Make such a report as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the older person or vulnerable person has been abused, neglected, exploited, isolated or abandoned.

          2.  If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that the abuse, neglect, exploitation, isolation or abandonment of the older person or vulnerable person involves an act or omission of the Aging and Disability Services Division, another division of the Department of Health and Human Services or a law enforcement agency, the person shall make the report to an agency other than the one alleged to have committed the act or omission.

          3.  Each agency, after reducing a report to writing, shall forward a copy of the report to the Aging and Disability Services Division of the Department of Health and Human Services and the Unit for the Investigation and Prosecution of Crimes.

          4.  A report must be made pursuant to subsection 1 by the following persons:

                (a) Every physician, dentist, dental hygienist, chiropractic physician, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, physician assistant licensed pursuant to chapter 630 or 633 of NRS, perfusionist, psychiatrist, psychologist, marriage and family therapist, clinical professional counselor, clinical alcohol and drug counselor, alcohol and drug counselor, music therapist, athletic trainer, driver of an ambulance, paramedic, licensed dietitian, holder of a license or a limited license issued under the provisions of chapter 653 of NRS, behavior analyst, assistant behavior analyst, registered behavior technician, peer recovery support specialist, as defined in NRS 433.627, peer recovery support specialist supervisor, as defined in NRS 433.629, or other person providing medical services licensed or certified to practice in this State, who examines, attends or treats an older person or vulnerable person who appears to have been abused, neglected, exploited, isolated or abandoned.

                (b) Any personnel of a hospital or similar institution engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a hospital or similar institution upon notification of the suspected abuse, neglect, exploitation, isolation or abandonment of an older person or vulnerable person by a member of the staff of the hospital.

                (c) A coroner.

                (d) Every person who maintains or is employed by an agency to provide personal care services in the home.

                (e) Every person who maintains or is employed by an agency to provide nursing in the home.

                (f) Every person who operates, who is employed by or who contracts to provide services for an intermediary service organization as defined in NRS 449.4304.

                (g) Any employee of the Department of Health and Human Services, except the State Long-Term Care Ombudsman appointed pursuant to NRS 427A.125 and any of his or her advocates or volunteers where prohibited from making such a report pursuant to 45 C.F.R. § 1321.11.

                (h) Any employee of a law enforcement agency or a county’s office for protective services or an adult or juvenile probation officer.

                (i) Any person who maintains or is employed by a facility or establishment that provides care for older persons or vulnerable persons.

                (j) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding the abuse, neglect, exploitation, isolation or abandonment of an older person or vulnerable person and refers them to persons and agencies where their requests and needs can be met.

                (k) Every social worker.

                (l) Any person who owns or is employed by a funeral home or mortuary.

                (m) Every person who operates or is employed by a community health worker pool, as defined in NRS 449.0028, or with whom a community health worker pool contracts to provide the services of a community health worker, as defined in NRS 449.0027.

                (n) Every person who is enrolled with the Division of Health Care Financing and Policy of the Department of Health and Human Services to provide doula services to recipients of Medicaid pursuant to NRS 422.27177.

          5.  A report may be made by any other person.

          6.  If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that an older person or vulnerable person has died as a result of abuse, neglect, isolation or abandonment, the person shall, as soon as reasonably practicable, report this belief to the appropriate medical examiner or coroner, who shall investigate the cause of death of the older person or vulnerable person and submit to the appropriate local law enforcement agencies, the appropriate prosecuting attorney, the Aging and Disability Services Division of the Department of Health and Human Services and the Unit for the Investigation and Prosecution of Crimes his or her written findings. The written findings must include the information required pursuant to the provisions of NRS 200.5094, when possible.

          7.  A division, office or department which receives a report pursuant to this section shall cause the investigation of the report to commence within 3 working days. A copy of the final report of the investigation conducted by a division, office or department, other than the Aging and Disability Services Division of the Department of Health and Human Services, must be forwarded within 30 days after the completion of the report to the:

                (a) Aging and Disability Services Division;

                (b) Repository for Information Concerning Crimes Against Older Persons or Vulnerable Persons created by NRS 179A.450; and

                (c) Unit for the Investigation and Prosecution of Crimes.

          8.  If the investigation of a report results in the belief that an older person or vulnerable person is abused, neglected, exploited, isolated or abandoned, the Aging and Disability Services Division of the Department of Health and Human Services or the county’s office for protective services may provide protective services to the older person or vulnerable person if the older person or vulnerable person is able and willing to accept them.

          9.  A person who knowingly and willfully violates any of the provisions of this section is guilty of a misdemeanor.

          10.  As used in this section, “Unit for the Investigation and Prosecution of Crimes” means the Unit for the Investigation and Prosecution of Crimes Against Older Persons or Vulnerable Persons in the Office of the Attorney General created pursuant to NRS 228.265.

  • NRS 200.5094 - Reports: Manner of making; contents.

          1.  A person may make a report pursuant to NRS 200.5093 by telephone or, in light of all the surrounding facts and circumstances which are known or which reasonably should be known to the person at the time, by any other means of oral, written or electronic communication that a reasonable person would believe, under those facts and circumstances, is a reliable and swift means of communicating information to the person who receives the report. If the report is made orally, the person who receives the report must reduce it to writing as soon as reasonably practicable.

          2.  The report must contain the following information, when possible:

                (a) The name and address of the older person or vulnerable person;

                (b) The name and address of the person responsible for his or her care, if there is one;

                (c) The name and address, if available, of the person who is alleged to have abused, neglected, exploited, isolated or abandoned the older person or vulnerable person;

                (d) The nature and extent of the abuse, neglect, exploitation, isolation or abandonment of the older person or vulnerable person;

                (e) Any evidence of previous injuries; and

                (f) The basis of the reporter’s belief that the older person or vulnerable person has been abused, neglected, exploited, isolated or abandoned.

  • NRS 200.5095 - Reports and records confidential; permissible or required disclosure; penalty

          1.  Reports made pursuant to NRS 200.5093 and 200.5094, and records and investigations relating to those reports, are confidential.

          2.  A person, law enforcement agency or public or private agency, institution or facility who willfully releases data or information concerning the reports and investigation of the abuse, neglect, exploitation, isolation or abandonment of older persons or vulnerable persons, except:

                (a) Pursuant to a criminal prosecution;

                (b) Pursuant to NRS 200.50982; or

                (c) To persons or agencies enumerated in subsection 3,

     ->    is guilty of a misdemeanor.

          3.  Except as otherwise provided in subsection 2 and NRS 200.50982, data or information concerning the reports and investigations of the abuse, neglect, exploitation, isolation or abandonment of an older person or a vulnerable person is available only to:

                (a) A physician who is providing care to an older person or a vulnerable person who may have been abused, neglected, exploited, isolated or abandoned;

                (b) An agency responsible for or authorized to undertake the care, treatment and supervision of the older person or vulnerable person;

                (c) A district attorney or other law enforcement official who requires the information in connection with an investigation of the abuse, neglect, exploitation, isolation or abandonment of the older person or vulnerable person;

                (d) A court which has determined, in camera, that public disclosure of such information is necessary for the determination of an issue before it;

                (e) A person engaged in bona fide research, but the identity of the subjects of the report must remain confidential;

                (f) A grand jury upon its determination that access to such records is necessary in the conduct of its official business;

                (g) Any comparable authorized person or agency in another jurisdiction;

                (h) A legal guardian of the older person or vulnerable person, if the identity of the person who was responsible for reporting the alleged abuse, neglect, exploitation, isolation or abandonment of the older person or vulnerable person to the public agency is protected, and the legal guardian of the older person or vulnerable person is not the person suspected of such abuse, neglect, exploitation, isolation or abandonment;

                (i) If the older person or vulnerable person is deceased, the executor or administrator of his or her estate, if the identity of the person who was responsible for reporting the alleged abuse, neglect, exploitation, isolation or abandonment of the older person or vulnerable person to the public agency is protected, and the executor or administrator is not the person suspected of such abuse, neglect, exploitation, isolation or abandonment;

                (j) The older person or vulnerable person named in the report as allegedly being abused, neglected, exploited, isolated or abandoned, if that person is not legally incapacitated;

                (k) An attorney appointed by a court to represent a protected person in a guardianship proceeding pursuant to NRS 159.0485, if:

                      (1) The protected person is an older person or vulnerable person;

                      (2) The identity of the person who was responsible for reporting the alleged abuse, neglect, exploitation, isolation or abandonment of the older person or vulnerable person to the public agency is protected; and

                      (3) The attorney of the protected person is not the person suspected of such abuse, neglect, exploitation, isolation or abandonment; or

                (l) The State Guardianship Compliance Office created by NRS 159.341.

          4.  If the person who is reported to have abused, neglected, exploited, isolated or abandoned an older person or a vulnerable person is the holder of a license or certificate issued pursuant to chapters 449, 630 to 641B, inclusive, 641D, 653 or 654 of NRS, the information contained in the report must be submitted to the board that issued the license.

          5.  If data or information concerning the reports and investigations of the abuse, neglect, exploitation, isolation or abandonment of an older person or a vulnerable person is made available pursuant to paragraph (b) or (j) of subsection 3 or subsection 4, the name and any other identifying information of the person who made the report must be redacted before the data or information is made available.

  • NRS 200.50955 - Law enforcement agency

    A law enforcement agency shall promptly seek to obtain a warrant for the arrest of any person the agency has probable cause to believe is criminally responsible for the abuse, neglect, exploitation, isolation or abandonment of an older person or a vulnerable person.

  • NRS 200.5096 - Immunity from liability for reporting, investigating or submitting information; exception.

          1.  Except as otherwise provided in subsection 2, immunity from civil or criminal liability extends to every person who, pursuant to NRS 200.5091 to 200.50995, inclusive, in good faith:

                (a) Participates in the making of a report;

                (b) Causes or conducts an investigation of alleged abuse, neglect, exploitation, isolation or abandonment of an older person or a vulnerable person; or

                (c) Submits information contained in a report to a licensing board pursuant to subsection 4 of NRS 200.5095.

          2.  The immunity provided in subsection 1 does not extend to any person who has:

                (a) Abused, neglected, exploited, isolated or abandoned the older person or vulnerable person who is the subject of the report or investigation as prohibited by NRS 200.5099;

                (b) Conspired with another to commit abuse, exploitation or isolation of the older person or vulnerable person who is the subject of the report or investigation as prohibited by NRS 200.50995; or

                (c) Aided and abetted in or was an accessory to the abuse, neglect, exploitation, isolation or abandonment of the older person or vulnerable person who is the subject of the report or investigation or the conspiracy to commit abuse, exploitation or isolation of the older person or vulnerable person.

  • NRS 200.5097 - Admissibility of evidence

     In any proceeding resulting from a report made or action taken pursuant to NRS 200.5091 to 200.50995, inclusive, or in any other proceeding, the report or its contents or any other fact related thereto or to the condition of the older person or vulnerable person who is the subject of the report may not be excluded on the ground that the matter would otherwise be privileged against disclosure under chapter 49 of NRS.

  • NRS 200.5098 - Duties of Department of Health and Human Services regarding older persons or vulnerable persons

          1.  The Aging and Disability Services Division of the Department of Health and Human Services shall:

                (a) Identify and record demographic information on the older person or vulnerable person who is alleged to have been abused, neglected, exploited, isolated or abandoned and the person who is alleged to be responsible for such abuse, neglect, exploitation, isolation or abandonment.

                (b) Obtain information from programs for preventing abuse of older persons or vulnerable persons, analyze and compare the programs, and make recommendations to assist the organizers of the programs in achieving the most efficient and effective service possible.

                (c) Publicize the provisions of NRS 200.5091 to 200.50995, inclusive.

          2.  The Administrator of the Aging and Disability Services Division of the Department may organize one or more teams to assist in strategic assessment and planning of protective services, issues regarding the delivery of service, programs or individual plans for preventing, identifying, remedying or treating abuse, neglect, exploitation, isolation or abandonment of older persons or vulnerable persons. Members of the team serve at the invitation of the Administrator and must be experienced in preventing, identifying, remedying or treating abuse, neglect, exploitation, isolation or abandonment of older persons or vulnerable persons. The team may include representatives of other organizations concerned with education, law enforcement or physical or mental health.

          3.  The team may receive otherwise confidential information and records pertaining to older persons or vulnerable persons to assist in assessing and planning. The confidentiality of any information or records received must be maintained under the terms or conditions required by law. The content of any discussion regarding information or records received by the team pursuant to this subsection is not subject to discovery and a member of the team shall not testify regarding any discussion which occurred during the meeting. Any information disclosed in violation of this subsection is inadmissible in all judicial proceedings.

  • NRS 200.50981 - Sheriff to designate point of contact

          1.  The sheriff of each county shall designate one employee as a point of contact for the Aging and Disability Services Division of the Department of Health and Human Services.

          2.  Upon the request of the Aging and Disability Services Division, the employee designated pursuant to subsection 1 shall offer consultation and advice to the Division regarding a report submitted pursuant to NRS 200.5093 and 200.5094 or a request for assistance by the Division relating to abuse, neglect, exploitation, isolation or abandonment of an older person or vulnerable person.

          3.  The employee designated pursuant to subsection 1 shall provide his or her contact information to the Administrator of the Aging and Disability Services Division within 20 days after his or her designation as the point of contact.

  • NRS 200.50982 - Disclosure of information concerning reports and investigations

          1.  The provisions of NRS 200.5091 to 200.50995, inclusive, do not prohibit:

                (a) An agency which is investigating a report of abuse, neglect, exploitation, isolation or abandonment, or which provides protective services, from disclosing data or information concerning the reports and investigations of the abuse, neglect, exploitation, isolation or abandonment of an older person or a vulnerable person to other federal, state or local agencies or the legal representatives of the older person or vulnerable person on whose behalf the investigation is being conducted if:

                      (1) The agency making the disclosure determines that the disclosure is in the best interest of the older person or vulnerable person; and

                      (2) Proper safeguards are taken to ensure the confidentiality of the information.

                (b) An attorney who receives data or information pursuant to paragraph (k) of subsection 3 of NRS 200.5095 from disclosing data or information concerning a report or investigation of the abuse, neglect, exploitation, isolation or abandonment of an older person or vulnerable person to a court of competent jurisdiction in a guardianship proceeding concerning the older person or vulnerable person.

          2.  If the Aging and Disability Services Division of the Department of Health and Human Services is investigating a report of abuse, neglect, exploitation, isolation or abandonment of an older person or vulnerable person, a law enforcement agency shall, upon request of the Aging and Disability Services Division, provide information relating to any suspect in the investigation as soon as possible. The information must include, when possible:

                (a) The records of criminal history of the suspect;

                (b) Whether or not the suspect resides with or near the older person or vulnerable person; and

                (c) A summary of any events, incidents or arrests which have occurred at the residence of the suspect or the older person or vulnerable person within the past 90 days and which involve physical violence or concerns related to public safety or the health or safety of the older person or vulnerable person.

          3.  An attorney shall make the disclosure pursuant to paragraph (b) of subsection 1 to the court within 20 days after his or her receipt of data or information concerning a report or investigation of the abuse, neglect, exploitation, isolation or abandonment of the older person or vulnerable person.

  • NRS 200.50984 - Inspection of records pertaining to older person or vulnerable person on whose behalf investigation is conducted.

          1.  Notwithstanding any other statute to the contrary, the local office of the Aging and Disability Services Division of the Department of Health and Human Services and a county’s office for protective services, if one exists in the county where a violation is alleged to have occurred, may for the purpose of investigating an alleged violation of NRS 200.5091 to 200.50995, inclusive, inspect all records pertaining to the older person or vulnerable person on whose behalf the investigation is being conducted, including, but not limited to, that person’s medical and financial records.

          2.  Except as otherwise provided in this subsection, if a guardian has not been appointed for the older person or vulnerable person, the Aging and Disability Services Division or the county’s office for protective services shall obtain the consent of the older person or vulnerable person before inspecting those records. If the Aging and Disability Services Division or the county’s office for protective services determines that the older person or vulnerable person is unable to consent to the inspection, the inspection may be conducted without his or her consent. Except as otherwise provided in this subsection, if a guardian has been appointed for the older person or vulnerable person, the Aging and Disability Services Division or the county’s office for protective services shall obtain the consent of the guardian before inspecting those records. If the Aging and Disability Services Division or the county’s office for protective services has reasonable cause to believe that the guardian is abusing, neglecting, exploiting, isolating or abandoning the older person or vulnerable person, the inspection may be conducted without the consent of the guardian, except that if the records to be inspected are in the personal possession of the guardian, the inspection must be approved by a court of competent jurisdiction.

  • NRS 200.50986 - Petition for removal of guardian of older person or vulnerable person.

    The local office of the Aging and Disability Services Division of the Department of Health and Human Services or the county’s office for protective services may petition a court in accordance with NRS 159.185, 159.1853 or 159.1905 for the removal of the guardian of an older person or vulnerable person, or the termination or modification of that guardianship, if, based on its investigation, the Aging and Disability Services Division or the county’s office of protective services has reasonable cause to believe that the guardian is abusing, neglecting, exploiting, isolating or abandoning the older person or vulnerable person in violation of NRS 200.5091 to 200.50995, inclusive.

  • NRS 200.5099 - Penalties.

          1.  Except as otherwise provided in subsection 6, any person who abuses an older person or a vulnerable person is guilty:

                (a) For the first offense, of either of the following, as determined by the court:

                      (1) A category C felony and shall be punished as provided in NRS 193.130; or

                      (2) A gross misdemeanor and shall be punished by imprisonment in the county jail for not more than 364 days, or by a fine of not more than $2,000, or by both fine and imprisonment; or

                (b) For the second and all subsequent offenses or if the person has been previously convicted of violating a law of any other jurisdiction that prohibits the same or similar conduct, of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 6 years,

     ->   unless a more severe penalty is prescribed by law for the act or omission which brings about the abuse.

          2.  Except as otherwise provided in subsection 7, any person who has assumed responsibility, legally, voluntarily or pursuant to a contract, to care for an older person or a vulnerable person and who neglects the older person or vulnerable person, causing the older person or vulnerable person to suffer physical pain or mental suffering, permits or allows the older person or vulnerable person to suffer unjustifiable physical pain or mental suffering or permits or allows the older person or vulnerable person to be placed in a situation where the older person or vulnerable person may suffer physical pain or mental suffering as the result of abuse or neglect is guilty:

                (a) For the first offense, of either of the following, as determined by the court:

                      (1) A category C felony and shall be punished as provided in NRS 193.130; or

                      (2) A gross misdemeanor and shall be punished by imprisonment in the county jail for not more than 364 days, or by a fine of not more than $2,000, or by both fine and imprisonment; or

                (b) For the second and all subsequent offenses, of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 6 years,

     ->    unless a more severe penalty is prescribed by law for the act or omission which brings about the abuse or neglect.

          3.  Except as otherwise provided in subsection 4, any person who exploits an older person or a vulnerable person shall be punished:

                (a) For the first offense, if the value of any money, assets and property obtained or used:

                      (1) Is less than $650, of either of the following, as determined by the court:

                            (I) A category C felony as provided in NRS 193.130; or

                            (II) A gross misdemeanor by imprisonment in the county jail for not more than 364 days, or by a fine of not more than $2,000, or by both fine and imprisonment;

                      (2) Is at least $650, but less than $5,000, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment; or

                      (3) Is $5,000 or more, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years, or by a fine of not more than $25,000, or by both fine and imprisonment; or

                (b) For the second and all subsequent offenses, regardless of the value of any money, assets and property obtained or used, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years, or by a fine of not more than $25,000, or by both fine and imprisonment,

     ->    unless a more severe penalty is prescribed by law for the act which brought about the exploitation. The monetary value of all of the money, assets and property of the older person or vulnerable person which have been obtained or used, or both, may be combined for the purpose of imposing punishment for an offense charged pursuant to this subsection.

          4.  If a person exploits an older person or a vulnerable person and the monetary value of any money, assets and property obtained cannot be determined, the person shall be punished:

                (a) For the first offense, of either of the following, as determined by the court:

                      (1) A category C felony as provided in NRS 193.130; or

                      (2) A gross misdemeanor by imprisonment in the county jail for not more than 364 days, or by a fine of not more than $2,000, or by both fine and imprisonment; or

                (b) For the second and all subsequent offenses, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years, or by a fine of not more than $25,000, or by both fine and imprisonment,

     ->    unless a more severe penalty is prescribed by law for the act which brought about the exploitation.

          5.  Any person who isolates or abandons an older person or a vulnerable person is guilty:

                (a) For the first offense, of either of the following, as determined by the court:

                      (1) A category C felony and shall be punished as provided in NRS 193.130; or

                      (2) A gross misdemeanor and shall be punished by imprisonment in the county jail for not more than 364 days, or by a fine of not more than $2,000, or by both fine and imprisonment; or

                (b) For the second and all subsequent offenses, of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $5,000,

     ->    unless a more severe penalty is prescribed by law for the act or omission which brings about the isolation or abandonment.

          6.  A person who violates any provision of subsection 1, if substantial bodily or mental harm or death results to the older person or vulnerable person, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years, unless a more severe penalty is prescribed by law for the act or omission which brings about the abuse.

          7.  A person who violates any provision of subsection 2, if substantial bodily or mental harm or death results to the older person or vulnerable person, shall be punished for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years, unless a more severe penalty is prescribed by law for the act or omission which brings about the abuse or neglect.

          8.  In addition to any other penalty imposed against a person for a violation of any provision of NRS 200.5091 to 200.50995, inclusive, the court shall order the person to pay restitution.

          9.  As used in this section:

                (a) “Allow” means to take no action to prevent or stop the abuse or neglect of an older person or a vulnerable person if the person knows or has reason to know that the older person or vulnerable person is being abused or neglected.

                (b) “Permit” means permission that a reasonable person would not grant and which amounts to a neglect of responsibility attending the care and custody of an older person or a vulnerable person.

                (c) “Substantial mental harm” means an injury to the intellectual or psychological capacity or the emotional condition of an older person or a vulnerable person as evidenced by an observable and substantial impairment of the ability of the older person or vulnerable person to function within his or her normal range of performance or behavior.

  • NRS 200.50995 - Penalties for conspiracy.

          1.  A person who conspires with another to commit abuse, exploitation or isolation of an older person or a vulnerable person as prohibited by NRS 200.5099 shall be punished:

                (a) For the first offense, for a gross misdemeanor by imprisonment in the county jail for not more than 364 days, or by a fine of not more than $2,000, or by both fine and imprisonment; or

                (b) For the second and all subsequent offenses, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years.

          2.  Each person found guilty of such a conspiracy is jointly and severally liable for the restitution ordered by the court pursuant to NRS 200.5099 with each other person found guilty of the conspiracy.

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