PC 368(e)

PC 368(e)

Offense

Elder abuse: Theft, Fraud, Forgery, 530.5 by caretaker

Aggravated Felony (AF)

See 368(d), including Advice.

368(e)(1) is not an AF because the top is 364 days and $950 loss, while (e)(2) could become an AF if 1 yr or more is imposed and/or loss > $10k.

Crime Involving Moral Turpitude (CIMT)

See 368(d) re the possibility that 368 by 530.5(a) is not a CIMT. But in 368(e), an additional negative factor for CIMT is that D knows V is elder and has a caretaker relationship.

Other Removal Grounds

No other removal ground

Advice and Comments

PC 368(e)

AF. Same analysis as 368(d).

2022-05-25T19:01:12+00:00Updated May 25th, 2022|