Is Elder Abuse a Crime in Tennessee?

The elderly are considered to be an extremely vulnerable population in the state of Tennessee and throughout the country. For this reason alone, they are offered many protections by state and federal civil acts. But even more so, the abuse or neglect of elders is acknowledged and taken very seriously in the state’s criminal code. This may be to the point that you may be charged with criminal punishments if you are found guilty of being the perpetrator of such violence. So, with that being said, please read on to discover whether elder abuse is considered to be a crime and how one of the seasoned Clarksville domestic violence lawyers at Fendley and Etson can help you fight against these horrible accusations.

What are instances that constitute elder abuse?

First of all, the Tennessee code considers elder abuse to be the knowing mistreatment or neglect of an elderly adult that adversely affects their health and welfare. Further, it defines an elderly adult as an individual who is 70 years of age or older.

However, it also recognizes the potential abuse of vulnerable adults, who are classified as individuals 18 years of age or older who have a physical or mental disability and cannot fully manage their own resources or carry out their day-to-day lives independently. Therefore, a 69-year-old adult with dementia may be a vulnerable adult made the victim of abuse.

Without further ado, below are specific instances that constitute elder and vulnerable adult abuse in the state of Tennessee:

• An elderly individual or vulnerable adult may be subject to aggressive physical attacks by another individual.
• An elderly individual or vulnerable adult may be subject to public taunting or teasing by another individual.
• An elderly individual or vulnerable adult may be subject to unwanted, sexual touching by another individual.
• An elderly individual or vulnerable adult may be coerced into giving another individual their personal property.
• An elderly individual or vulnerable adult may be deprived of basic necessities from another individual responsible for their care.

Is elder abuse considered a crime in the state of Tennessee?

Essentially, you may be charged with a Class E felony offense if you are found guilty of making an elderly individual the subject of abusive or neglectful behaviors or actions. A Class E felony comes with a prison sentence of one to six years and a fine of up to $3,000. If the victim is a vulnerable adult, this may be considered a Class D felony offense. This carries heightened punishments, such as a prison sentence of two to 12 years and a fine of up to $5,000.

Of note, if you are specifically found guilty of financial abuse, it may be classified as theft. Now, the theft charges typically depend on the amount that was stolen from the victim. However, if the victim is an elderly individual or a vulnerable adult, the charge may be upgraded automatically. So, for example, an automatic upgrade from a Class E to a Class D felony offense.

Before entering the legal arena, you must retain the services of one of the competent Montgomery County criminal defense lawyers. Reach out to Fendley and Etson today.