NRS § 200.5099 is the Nevada law that criminalizes abuse, neglect, exploitation, isolation, and abandonment of people 60 or older. (The law also protects adults 18 or older who meet the definition of a “vulnerable person.”)
Examples
- Hitting the person,
- Withholding necessary food or medication from the person, or
- Using a position of trust to steal the person’s savings.
Penalties
- First-offense abuse or neglect without substantial harm: A gross misdemeanor carrying up to 364 days in jail and/or $2,000, or a category C felony carrying 1 to 5 years in prison and a possible fine of up to $10,000.
- Repeat abuse or neglect without substantial harm: A category B felony carrying 2 to 6 years in prison.
- Abuse or neglect resulting in substantial harm: A category B felony carrying 2 to 20 years in prison.
- Financial exploitation: Up to 20 years in prison and/or a $25,000 fine.
Defenses
- Self-defense
- Accident
- Lack of intent
- False accusations
In this article, our Las Vegas criminal defense attorneys will address the following key issues regarding Nevada elder abuse laws:
- 1. “Elder Abuse” Meaning
- 2. Defenses
- 3. Penalties
- 4. Civil Lawsuits
- 5. Reporting Elder Abuse
- 6. Mandatory Reporters
- 7. Guardianship and Power of Attorney
- 8. Applicable Statutes
- Frequently Asked Questions
- Additional Resources
1. “Elder Abuse” Meaning
Nevada law protects everyone age 60 or older, whether or not they have a disability. (It also protects “vulnerable” adults age 18 or older who have qualifying incapacitating conditions or physical or mental limitations that restrict normal daily activities.)
The law identifies five types of mistreatment. Prosecutors must prove the elements of the particular offense beyond a reasonable doubt to get a conviction.
Elder Abuse
Under NRS 200.5092(2), elder abuse (or vulnerable person abuse) includes willfully either:
- Inflicting pain or injury;
- Depriving someone of food, shelter, clothing, or services necessary for physical or mental health;
- Inflicting psychological or emotional anguish, pain, or distress, including through threats, controlling behavior, social isolation, disregard of needs, or damage to property or pets;
- Engaging in nonconsensual sexual contact; or
- Permitting these acts against the person.
Nonconsensual sexual contact includes acts the person cannot understand or communicate an objection to. Depending on the facts, prosecutors may also bring charges such as sexual assault or open and gross lewdness.
Bruises, fear, depression, or unexplained injuries can be evidence, but these signs alone do not establish abuse.
Elder Neglect
In Nevada, elder neglect (or vulnerable person neglect) involves failing to provide necessary food, shelter, clothing, or services after assuming responsibility for someone’s care legally, voluntarily, or by contract.
Under NRS 200.5099(2), criminal liability can arise when a responsible caregiver either:
- Neglects the person and causes physical pain or mental suffering;
- Permits or allows unjustifiable physical pain or mental suffering; or
- Permits or allows a situation where the person may suffer physical pain or mental suffering because of abuse or neglect.
Example: Tom hires Angela to care for his father, who cannot get food or water without help. Angela knowingly leaves him without either for an extended period, exposing him to pain or suffering. This may support a neglect charge even if he does not sustain a serious injury. Simply failing to complete an unrelated household chore would not, by itself, establish criminal neglect.
Bedsores, dehydration, malnutrition, missed medication, and repeated falls can be warning signs.
Elder Isolation
In Nevada, elder isolation (or vulnerable person isolation) includes:
- Intentionally blocking visitors, mail, or telephone calls;
- Physically restraining someone to prevent a visit; or
- Permitting these acts.
For example, falsely telling a visitor that the older person does not want contact can qualify when the statement contradicts the older person’s express wishes and is intended to prevent contact.
The meaning of isolation excludes acts intended to protect the person’s property or physical or mental welfare, as well as acts performed under the person’s physician’s instructions.
Elder Exploitation
In Nevada, elder exploitation (or vulnerable person exploitation) involves having a person’s trust and confidence, or using a power of attorney or guardianship, to:
- Obtain control of money, assets, or property through deception, intimidation, or undue influence; or
- Convert the person’s money, assets, or property, meaning wrongfully take or use it.
Either form requires the intent to permanently deprive the person of ownership, use, benefit, or possession of the property.
Undue influence means misusing power or trust to override the person’s free will and substitute someone else’s objectives. Exerting normal influence between family members, or accepting a voluntary gift, is not exploitation.
Elder Abandonment
In Nevada, elder abandonment (or vulnerable person abandonment) means:
- Deserting an older or vulnerable person in an unsafe manner by a caretaker or another person with a legal duty of care; or
- Withdrawing necessary assistance owed by a caretaker or another person obligated to provide services.
For example, a caregiver who leaves a dependent older person alone in a remote area without a safe way home may commit abandonment.1
2. Defenses
Here at Las Vegas Defense Group, we have represented countless people charged with abuse, including elder abuse. In our experience, the following four defenses have proven very effective with prosecutors, judges, and juries in getting these cases reduced or dismissed.
- Lawful self-defense. You are justified in using reasonably necessary and proportional force to stop an imminent unlawful attack.
- An accident or another cause of injury. Falls, medications, and health conditions can explain injuries that were initially attributed to abuse.
- Lack of intent or duty. The evidence may be insufficient to prove willful abuse, a care responsibility (required for neglect), or the intent to permanently deprive (required for exploitation).
- False or mistaken allegations. Perhaps the elderly person or someone else levied false accusations at you out of anger or revenge.2
In our experience, reviewing care logs, medical records, witness accounts, photographs, recordings, financial documents, and communications early helps identify the strongest defense.
3. Penalties
Nevada’s elder abuse punishments depend on the specific offense, prior offenses, resulting harm, and, for exploitation, the property value.
The following table summarizes the sentencing ranges for violating NRS 200.5099 and NRS 200.50995. (A more severe penalty may apply under another law.)
| Crime Against People 60 and Over | Nevada Sentence* |
| Elder abuse or neglect, if the victim sustains no substantial mental or bodily harm or death | 1st offense Category C felony: 1 to 5 years in Nevada State Prison, and a possible fine of up to $10,000 in fines (at the judge’s discretion); or Gross misdemeanor: Up to 364 days in jail, and/or up to $2,000 in fines |
| Subsequent offense Category B felony: 2 to 6 years in prison | |
| Elder abuse or neglect, and the victim sustains substantial mental or bodily harm or death | Category B felony: 2 to 20 years in prison |
| Elder exploitation | 1st offense If the value of money, assets, or property obtained or used is less than $650 – or if the value is undetermined – elder exploitation is either a:
If the value of money, assets, or property obtained or used is $650 to less than $5,000, it is a category B felony: 2 to 10 years in prison and/or up to $10,000 If that value is $5,000 or more, it is a category B felony: 2 to 20 years and/or up to $25,000 |
| Subsequent offense (no matter the value) Category B felony: 2 to 20 years and/or up to $25,000 | |
| Elder isolation or abandonment | 1st offense Category C felony: 1 to 5 years in prison and a possible fine of up to $10,000 or Gross misdemeanor: Up to 364 days in jail and/or $2,000 |
| Subsequent offense Category B felony: 2 to 10 years in prison and a possible fine of up to $5,000 | |
| Conspiracy to commit elder abuse, exploitation, or isolation | 1st offense Gross misdemeanor: Up to 364 days in jail and/or $2,000 |
| Subsequent offense Category B felony: 2 to 20 years in prison | |
| *The court must order restitution in addition to all other penalties | |
For abuse under NRS 200.5099(1), a prior conviction from another jurisdiction for the same or similar conduct also triggers the repeat-offense penalty. For exploitation, qualifying amounts obtained or used may be combined to determine the penalty.
Substantial mental harm means an injury to intellectual or psychological capacity or emotional condition that causes an observable, substantial impairment in the person’s normal functioning or behavior.
Meanwhile, substantial bodily harm means an injury that:
- Creates a substantial risk of death;
- Causes serious, permanent disfigurement;
- Causes a protracted loss or impairment of a bodily member or organ; or
- Results in prolonged physical pain.3
4. Civil Lawsuits
Older adults who have been physically, mentally, or financially abused in Nevada may sue the perpetrators for financial settlements. Depending on the case, potential claims may include:
- Elder abuse,
- Battery,
- False imprisonment,
- Negligent infliction of emotional distress,
- Intentional infliction of emotional distress,
- Fraud, and/or
- Conversion (theft)
Under NRS 41.1395, a person responsible for qualifying injury or death caused by abuse or neglect, or financial loss caused by exploitation, is liable for twice the actual damages. If recklessness, oppression, fraud, or malice is established by a preponderance of the evidence, the court must also award attorney’s fees and costs.
For a vulnerable person claim, the statute includes an exception when the defendant did not know or have reason to know of the person’s vulnerability.4
Nursing home abuse lawsuits are common. Elderly residents are often at the mercy of undertrained and understaffed facilities that frequently fail to follow safety protocols.
5. Reporting Elder Abuse
If the elderly person is in immediate danger in Nevada, call 911.
To report suspected abuse, neglect, exploitation, isolation, or abandonment, contact Adult Protective Services (APS):
- Las Vegas/Clark County: 702-486-6930.
- Statewide/all other areas: 888-729-0571.
For non-emergency reports, the ADSD reporting page also links to an online intake form. Do not send reports to the agency’s general email address, because they may not be acted on promptly. Contact local law enforcement if prompt intervention is needed.
6. Mandatory Reporters
In Nevada, certain professionals who, in their professional or occupational capacity, know or have reasonable cause to believe that an older or vulnerable person has been abused, neglected, exploited, isolated, or abandoned must report it as soon as reasonably practicable, and no later than 24 hours. They do not have to confirm the allegation first.
Reports may be made to the local Aging and Disability Services Division (ADSD) office, a police department or sheriff’s office, or the toll-free service designated by ADSD. If the suspected conduct involves an agency identified in NRS 200.5093(2), the report must go to an agency other than the one implicated.
Some of Nevada’s mandatory reporters include:
- health care providers, such as physicians, nurses, and dentists
- psychiatrists, psychologists, and therapists
- athletic trainers
- paramedics and ambulance drivers
- licensed dietitians
- coroners
- home health care providers
- social workers
- funeral workers
- law enforcement
- probation officers
- nursing home workers
- Department of Human Services employees, subject to statutory exceptions
Knowingly and willfully violating the reporting law is a misdemeanor, carrying up to six months in jail and/or $1,000. Good-faith reporters generally have immunity from civil or criminal liability for reporting. However, this immunity does not protect someone who participated in the underlying mistreatment or related conspiracy.5
7. Guardianship and Power of Attorney
If an elderly person lacks decision-making capacity, a Nevada court can appoint someone else as that person’s guardian to make decisions:
- in the elderly person’s best interest and
- that are consistent with their wishes.
Often, courts appoint a close family member or friend as an elderly person’s guardian; otherwise, they can appoint a public guardian. Learn more about guardianship rules and find court forms at the Nevada Self-Help Center guardianship page.
While an older person has the required capacity, they can create powers of attorney for financial matters and health care decisions. These involve different authority and requirements. A durable power of attorney continues despite later incapacity; when the agent’s authority begins depends on the document and applicable law.
A power of attorney or guardianship does not authorize abuse or exploitation. Learn more at the Nevada State Bar power of attorney resource.6
8. Applicable Statutes
- Elder abuse: NRS 200.5092(2); NRS 200.5099(1) and (6).
- Elder neglect: NRS 200.5092(5); NRS 200.5099(2) and (7).
- Elder exploitation: NRS 200.5092(3); NRS 200.5099(3) and (4).
- Elder isolation: NRS 200.5092(4); NRS 200.5099(5).
- Elder abandonment: NRS 200.5092(1); NRS 200.5099(5).
- Conspiracy to commit elder abuse, exploitation, or isolation: NRS 200.50995.
- Mandatory reporting: NRS 200.5093.
- Good-faith reporting immunity: NRS 200.5096.
- Civil damages: NRS 41.1395.
- Sentencing enhancement for specified crimes against victims 60 or older: NRS 193.167.
Frequently Asked Questions
Is elder abuse always a felony in Nevada?
No. First-offense abuse or neglect without substantial bodily or mental harm or death may be a gross misdemeanor or a category C felony, as determined by the court. A gross misdemeanor carries up to 364 days in jail and/or $2,000 in fines. A category C felony carries 1 to 5 years in prison and a possible fine of up to $10,000. Repeat offenses and cases involving substantial harm can carry greater penalties.
When reviewing a case, we look closely at the alleged conduct, any prior convictions, and the medical evidence. An accusation of elder abuse without evidence is just that.
Can I face elder abuse charges if the person has no physical injuries?
Yes. Nevada’s definition of abuse includes willfully causing psychological or emotional anguish, pain, or distress, as well as certain other conduct that does not require a visible injury. A caregiver may also face a neglect charge for allowing a situation where an older person could suffer physical pain or mental suffering because of abuse or neglect.
Can an unpaid family caregiver be charged with elder neglect?
Yes. Nevada’s neglect law can apply to someone who voluntarily assumes responsibility for an older person’s care, even without payment or a written contract. Prosecutors must still prove the required failure of care and the suffering or risk of suffering described in the statute. Being related to someone does not, by itself, establish every element of neglect.
We review who agreed to provide care, what responsibilities they accepted, and whether other relatives or professionals shared those duties. Care schedules, text messages, and medical instructions can help explain the arrangement.
Is accepting money or a gift from an older relative elder exploitation?
Not automatically. Exploitation requires more than receiving money.
Nevada law addresses misuse of a position of trust, a power of attorney, or a guardianship to obtain control of property through deception, intimidation, or undue influence, or to wrongfully convert it. The conduct must involve an intent to permanently deprive the person of the property’s ownership, use, benefit, or possession.
We look for evidence showing whether the gift was voluntary and understood, including messages, financial records, and witnesses. A relative’s objection to a gift does not, by itself, make the recipient guilty of exploitation.
Does having power of attorney protect me from elder exploitation charges?
No. A power of attorney does not give you unrestricted ownership of another person’s money. Nevada’s exploitation law expressly covers misuse of a power of attorney or guardianship. Acting within lawful authority is different from using that authority to wrongfully take someone’s assets.
We review the document’s actual terms alongside receipts, bank statements, and the purpose of each disputed transaction. Keeping clear records of expenses paid for the older person’s benefit can help address accusations of misuse.
Is restricting an older person’s visitors always illegal isolation?
No. Nevada’s isolation definition excludes acts intended to protect the person’s property or physical or mental welfare, as well as acts performed under the person’s physician’s instructions. However, intentionally blocking wanted contact or restraining someone to prevent a visit may qualify as unlawful isolation when no exception applies.
We examine the older person’s wishes, the reason for the restriction, and any medical instructions or documented safety concerns. A genuine and reasonable protective measure is no crime.
What should I do if I am falsely accused of elder abuse?
An accusation does not establish guilt. Prosecutors must prove the charged offense beyond a reasonable doubt. Depending on the facts, a defense may involve an accidental injury, an underlying medical condition, lawful self-defense, missing elements of the offense, or false or mistaken allegations.
We recommend preserving care logs, medical instructions, receipts, messages, and relevant video. Avoid deleting records or pressuring anyone to change their account, and speak with a defense attorney before giving a detailed statement to investigators.
Additional Resources
For more information, refer to the following:
- Adult Protective Services – Nevada 211 directory information about Adult Protective Services and reporting suspected mistreatment.
- City of Las Vegas Senior Citizens Law Project (SNSLP) – A legal aid program that provides free legal services, advice, and representation to low-income senior residents of Las Vegas in various civil legal matters such as housing, consumer protection, estate planning, and elder abuse, with the goal of promoting access to justice and safeguarding the rights of older individuals.
- Adult Protective Services (APS) – Nevada agency that investigates statewide reports of elder abuse, neglect, self-neglect, exploitation, isolation, and abandonment.
- Aging and Disability Services Division (ADSD) – Official Nevada government website for aging and disability services.
- Elder Abuse, Neglect and Exploitation: Legal Resources and Remedies Guide – Provided by the Eighth Judicial District Court
- Eldercare Locator – A public service of the U.S. Administration on Aging to guide you to elder care services.
- Las Vegas Metropolitan Police Department (LVMPD) Abuse Neglect Bureau: General information about what abuse and neglect comprise and how to report it.
- Long-Term Care Ombudsmen (LTCO) – Nevada’s Long-Term Care Ombudsmen (LTCO) are advocates who work to protect the rights, welfare, and quality of life for residents of long-term care facilities such as nursing homes and assisted living centers by investigating and resolving complaints, educating residents and families about their rights, and promoting policies to improve long-term care services.
- National Adult Protective Services Association – National organization supporting Adult Protective Services professionals and programs.
- National Center on Elder Abuse (NCEA) – National resource center dedicated to the prevention of elder mistreatment.
- Nevada Attorney General’s Office Medicaid Fraud Control Unit (MFCU) – A state law enforcement agency that investigates and prosecutes Medicaid provider fraud as well as abuse or neglect of patients in Medicaid-funded facilities or board and care facilities, in order to protect Nevada’s vulnerable populations and safeguard taxpayer dollars that fund the Medicaid program.
- Nevada Care Connection – Helps connect elderly people with services.
- Nevada Legal Services – General information on how to identify elder abuse.
- Nevada Senior Services – A non-profit dedicated to improving all aspects of life for the elderly.
- Office for Victims of Crime – Department of Justice (ovc.ojp.gov) – Resources for elder care victims.
- Report Vulnerable Adult Abuse (through the ADSD) – Phone numbers and intake forms to report elder abuse in Nevada.
- UNR Sanford Center for Aging – Using research and outreach to improve quality of life among elders.
- Violence Prevention – CDC – Article about how to prevent elder abuse.
Legal References:
- NRS 200.5091; NRS 200.5092; NRS 200.5099. Robinson v. State (2026) 142 Nev., Adv. Op. 37 (reaffirming the knowledge requirement for elder neglect; finding the omission of that requirement from the jury instructions harmless on the facts).
- NRS 200.275; NRS 200.5092; NRS 200.5099.
- NRS 200.5099; NRS 200.50995; NRS 193.130; NRS 0.060. Smith v. State (2026) 142 Nev., Adv. Op. 26, 587 P.3d 251 (holding that the unit of prosecution for elder exploitation is one count per victim).
- NRS 41.1395.
- NRS 200.50925; NRS 200.5093; NRS 200.5096; NRS 193.150.
- NRS 159.024; NRS Chapter 162A.
