Crimes Against Elderly In Texas
Crimes Against Elderly In Texas
Posted On - June 22nd, 2010 | By Tim Clancy | Category - Criminal Defense
If you have been accused of a crime against the elderly, your first step should be to hire a qualified attorney that can help you avoid a conviction. Contact criminal defense attorney Tim Clancy today for a free consultation. He has decades of experience, and has a track record of 100s of case wins.
Classification Of Crimes Against the Elderly in Dallas, TX
Texas law provides specific protections for elderly individuals (defined as 65 years or older). Several offenses are enhanced when committed against an elderly person. Below are the most common misdemeanor and felony charges associated with the elderly, including their legal definitions, statutes, and penalties.
Injury to an Elderly Individual – Texas Penal Code §22.04
Under §22.04, a person commits an offense if they intentionally, knowingly, recklessly, or with criminal negligence, by act or omission, cause bodily injury, serious bodily injury, or serious mental deficiency, impairment, or injury to an elderly individual.
- State Jail Felony (Criminal Negligence):
- 180 days to 2 years in a state jail
- Fine up to $10,000
- Third-Degree Felony (Reckless Conduct):
- 2 to 10 years in prison
- Fine up to $10,000
- Second-Degree Felony (Knowingly or Intentionally Causing Serious Bodily Injury):
- 2 to 20 years in prison
- Fine up to $10,000
- First-Degree Felony (Intentional Serious Bodily Injury with Aggravating Factors):
- 5 to 99 years or life in prison
- Fine up to $10,000
Exploitation of an Elderly Individual – Texas Penal Code §32.53
This law prohibits the illegal or improper use of an elderly individual’s resources for monetary or personal benefit, profit, or gain.
- Third-Degree Felony:
- 2 to 10 years in prison
- Fine up to $10,000
Abandoning an Elderly Individual – Texas Penal Code §22.041
A person commits this offense if they have custody, care, or control of an elderly individual and intentionally abandon them in a place and under circumstances that expose the person to an unreasonable risk of harm.
- State Jail Felony (No Intent to Return, No Harm):
- 180 days to 2 years in a state jail
- Fine up to $10,000
- Third-Degree Felony (Imminent Danger of Bodily Injury):
- 2 to 10 years in prison
- Fine up to $10,000
Assault of an Elderly Individual – Texas Penal Code §22.01
Assault is defined as intentionally, knowingly, or recklessly causing bodily injury to another, including the elderly. When the victim is 65 or older, penalties may be enhanced.
- Class A Misdemeanor (Basic Assault):
- Up to 1 year in jail
- Fine up to $4,000
- Third-Degree Felony (If Assault Includes Prior Convictions or Special Circumstances):
- 2 to 10 years in prison
- Fine up to $10,000
Mandatory Reporting of Elder Abuse – Texas Human Resources Code §48.051
View the statute on the Texas Legislature site
Any person who believes an elderly individual is being abused, neglected, or exploited must report it. Failure to report is a criminal offense.
- Class A Misdemeanor (Knowingly Failing to Report):
- Up to 1 year in jail
- Fine up to $4,000
- State Jail Felony (If Non-Reporting Results in Serious Bodily Injury or Death):
- 180 days to 2 years in a state jail
- Fine up to $10,000
Note: In Texas, the elderly are protected by both criminal and civil laws. Criminal penalties are enhanced due to the obvious vulnerabilities of an elderly man or woman. Civil penalties can also be applied during abuse, neglect, or exploitation cases.
5 Examples Of Crimes Against the Elderly in Texas
Crimes against elderly individuals remain a growing concern in Texas. Below are several recent, real-world examples of elder abuse and exploitation offenses that have made headlines across the state.
1. Murder of 80-Year-Old Veteran in Houston
In December 2024, 80-year-old veteran Earl Hollins was killed during a parking dispute outside a Houston grocery store. The suspect, 57-year-old Anthony Ray Boyce, allegedly struck Hollins, causing fatal head trauma. Boyce has been charged with murder and awaits trial.
2. Familial Homicide in Alice, Texas
In January 2025, Howard Harris, 43, was arrested for murdering his 80-year-old mother, Ardalia Davis. Harris was already out on bond for the 2021 murder of his wife. He reportedly confessed to the crime and is currently in custody.
3. Financial Exploitation via Online Scam
A 74-year-old Texas woman lost $250,000 to a man impersonating Elon Musk. The scammer, Jeffrey Arthur Moynihan Jr. of Florida, promised a $55 million return on investment. Authorities recovered a portion of the funds and arrested Moynihan.
4. Serial Murders Targeting Elderly Women
Billy Chemirmir was linked to the deaths of at least 18 elderly women in the Dallas area between 2016 and 2018. He was convicted in two cases and sentenced to life in prison. In September 2023, Chemirmir was killed by his cellmate in a Texas prison.
5. Solar Panel Scams Targeting Seniors
In December 2024, investigations revealed solar companies were using deceptive sales tactics on elderly homeowners in Texas. Victims reported financial losses and poorly installed systems. The state and advocacy groups like “Solar Rescue” stepped in to help affected individuals.
Were You Arrested For A Crime? Get Defense Today!
If you’ve been accused of a hate crime or any other crime, contact Dallas Criminal Defense Lawyer Clancy & Clancy. Visit their website at www.dfwcriminallawyer.com/ or call (214) 550-5771 to schedule a consultation.