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F 18.13 n1 Elder Or Dependent Adults: Infliction Of Pain, Mental Suffering, Or Endangering Health — Overbreadth Of The Statute (PC 368).
[See FORECITE F 9.38, et seq. and FORECITE F 16.172, et seq.]
F 18.13 n2 Embezzlement From Elderly Person (PC 368(c)).
In a prosecution for embezzlement against an elderly person the mental competency of the elderly person may be at issue. In such cases the jury must be instructed upon the proper legal standard to use in determining mental competency. PC 1321 states that the rules for determining the competency of witnesses in civil actions are applicable also to criminal actions. Thus the BAJI instructions may be tailored for use in such a case. Applicable BAJI instructions include BAJI 12.02, BAJI 12.07 and BAJI 12.08.