Is a visitor or bystander criminally liable under section 368 of the California Civil Code?

Nevertheless, the uncertainty as to the first clause is of no help to defendant. The trial court decided he was responsible for his mother's care. He was therefore included within the first as well as the second clause of section 368. We therefore need not review the statute further to decide whether a visitor or bystander would . also be criminally liable. (People v. Smith, supra, 35 Cal.3d 798, 810, 201 Cal.Rptr. 311, 678 P.2d 886.)