Fact Pattern and Questions to Discuss:

Pestinikas and his wife verbally agreed to provide food, medicine, and other necessities to a sick and elderly 92-year-old man. Unfortunately, Pestinikas and his wife failed to provide the food and medical care they had been paid to provide. The state can prove that the 92-year-old man’s death was caused by this failure and that the man died of malnutrition and exposure. Under the criminal code of Colorado, could criminal charges be brought against Pestinikas? What possible charge could be issued?


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