Both the federal government and state governments have enacted laws (statutes) that provide civil and criminal penalties for the abuse, neglect, and exploitation of older adults. Elder abuse may take many forms, including (1) financial or material exploitation; (2) physical abuse; (3) emotional or psychological abuse; (4) sexual abuse; (5) neglect; and (6) abandonment.

Domestic elder abuse generally refers to any of these types of abuse when committed by someone with whom the elder has a special relationship—such as a spouse, sibling, child, friend, or caregiver.

Institutional elder abuse generally refers to any of these types of abuse occurring in residential facilities—such as a nursing facility, assisted living facility, group home, board and care facility, or foster home—and is usually perpetrated by someone with a legal or contractual obligation to provide some element of care or protection.

Elder abuse laws vary from state to state and are usually located in a state’s statutes. The federal Elder Justice Act is located in the United States Code beginning at 42 U.S.C. §1397j.

In North Dakota, elder abuse is addressed under various statutes that provide protections against abuse, neglect, and exploitation of older adults. The North Dakota Century Code (NDCC) contains specific provisions related to elder abuse, particularly in Chapter 12.1-31, which defines and criminalizes abuse, neglect, or exploitation of vulnerable adults. Financial exploitation, physical abuse, emotional abuse, sexual abuse, neglect, and abandonment are all considered forms of elder abuse under state law. North Dakota also has laws that address the reporting of suspected elder abuse, requiring certain professionals and individuals to report such suspicions to the appropriate authorities. Additionally, the state provides for protective services and legal remedies for victims. At the federal level, the Elder Justice Act (42 U.S.C. §1397j) supplements state laws by providing additional resources for the prevention and detection of elder abuse, as well as for the prosecution of offenders. It also emphasizes the importance of elder justice issues at the national level and supports the coordination of federal responses to elder abuse. Both state and federal laws recognize the distinction between domestic elder abuse, which occurs in a personal relationship, and institutional elder abuse, which occurs in a residential care setting, and provide avenues for intervention and protection in both contexts.