This legislation upped the offense for someone purposely or knowingly causing serious bodily injury to a person 65 years of age or older where the victim is more than 10 years of age older than the actor. The offense will now be a Class A Felony.

At first glance, I liked this legislation because I have been seeing more and more random and targeted assaults on our elderly. But, I believe this legislation needs some parameters. For example, if someone 20 assaults a person 65 or older should they receive the same penalty (a minimum of at least 7 and 1/2 years of incarceration but not more than 15 years) as a person who is 85 and assaults a 95-year-old person? Does the mental state of the person play a factor in this charge? For example, would a person who is 85 and suffering from dementia be able to understand the potential harm they had created to another? And without an upward age limit are we adding too much of a financial burden on our jails whereby we may be strapped with heavy medical bills by an elderly assailant?

I believe the intent of the bill is good, but I do believe it needs an upward number to make it fairer. For example, if it stated that the victim is more than 10 years of age older than the actor given that the actor is no more than 85 years of age whereby if the actor is 85 years of age or older the offense is dropped to a Class B Felony.

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