NEW YORK: NY CLS Soc. Serv. § 473 (2001); NY CLS Penal §§ 260.30, 260.32, 260.34 (2001)

Physical abuse” means the nonaccidental use of force that results in bodily injury, pain or impairment, including but not limited to, being slapped, burned, cut, bruised, or improperly physically restrained. (b) ”Sexual abuse” means nonconsensual sexual contact of any kind, including but not limited to, forcing sexual contact or forcing sex with a third party. (c) ”Emotional abuse” means willful infliction of mental or emotional anguish by threat, humiliation, intimidation, or other abusive conduct, including but not limited to, frightening or isolating an adult.

Endangering the welfare of a vulnerable elderly person” occurs under NY CLS Penal § 260.32 when, being a caregiver for a vulnerable elderly person: 1. With intent to cause physical injury to such person, he or she causes such injury to such person; or 2. He or she recklessly causes physical injury to such person; or 3. With criminal negligence, he or she causes physical injury to such person by means of a deadly weapon or a dangerous instrument; or 4. He or she subjects such person to sexual contact without the latter’s consent. “Endangering the welfare of a vulnerable elderly person” under NY CLS Penal § 260.34 occurs when, being a caregiver for a vulnerable elderly person: 1. With intent to cause physical injury to such person, he or she causes serious physical injury to such person; or 2. He or she recklessly causes serious physical injury to such person.

Active neglect” under NY CLS Soc. Serv. § 473 means willful failure by the caregiver to fulfill the care-taking functions and responsibilities assumed by the caregiver, including but not limited to, abandonment, willful deprivation of food, water, heat, clean clothing and bedding, eyeglasses or dentures, or health-related services. “Passive neglect” under NY CLS Soc. Serv. § 473 means nonwillful failure of a caregiver to fulfill care-taking functions and responsibilities assumed by the caregiver, including but not limited to, abandonment or denial of food or health-related services because of inadequate caregiver knowledge, infirmity, or disputing the value of prescribed services. “Self-neglect” defined separately.

Financial exploitation” means improper use of an adult’s funds, property, or resources by another individual, including but not limited to, fraud, false pretenses, embezzlement, conspiracy, forgery, falsifying records, coerced property transfers, or denial of access to assets.

Vulnerable elderly person” under NY CLS Penal § 260.30 means a person 60 years of age or older who is suffering from a disease or infirmity associ-



The National Academies | 500 Fifth St. N.W. | Washington, D.C. 20001
Copyright © National Academy of Sciences. All rights reserved.
Terms of Use and Privacy Statement