Amendments to 825.102

1. Sieniarecki v. State

   756 So. 2d 68 (Fla. 2000)   Cited 58 times

   Here, petitioner does not challenge section 782.07(2), but applies this same argument to section 825.102 (3).

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2. Watson v. State

   95 So. 3d 977 (Fla. Dist. Ct. App. 2012)   Cited 2 times

   The recital of these facts suggests that the State had a “slam dunk” case against Mr. Watson for strong-arm robbery under section 812.13(1), (2)(c), Florida Statutes (2010). See Jones v. State, 652 So.2d 346, 349–50 (Fla.1995); Mitchell v. State, 407 So.2d 343, 343–44 (Fla. 4th DCA 1981). Instead, for reasons unexplained in our record, the State charged him with the abuse of an elderly person under section 825.102(1). Strong-arm robbery is a second-degree felony, and abuse of an elderly person is a third-degree felony. §§ 812.13(2)(c), 825.102(1).

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3. United States v. Davis

   139 S. Ct. 2319 (2019)   Cited 3,102 times   6 Legal Analyses

   See, e.g., Fla. Stat. §825.102(3)(a) (2018) (“substantial risk of death”), §827.03(1)(e) (same); W. Va. Code Ann. §§61-8D-4(c), (d)(1) (2014) (“substantial risk of death or serious bodily injury” and “substantial risk of bodily injury”).

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4. Gelin v. U.S. Attorney Gen.

   837 F.3d 1236 (11th Cir. 2016)   Cited 20 times

   Fla. Stat. § 825.102(1). The elements of § 825.102(1) are: (1) knowing or willful; (2) abuse of an elderly person or disabled adult; (3) without causing great bodily harm, permanent disability, or permanent disfigurement.

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5. In re Standard Jury Instructions in Criminal Cases-Report No. 2015-08

   194 So. 3d 1007 (Fla. 2016)   Cited 4 times

   DISABLED ADULT]—825.102(2) CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. Aggravated Battery if 825.102(2)(a) , Fla. Stat., is charged 784.045 8.4 Abuse of An Elderly Person or Disabled Adult 825.102(1) 29.20

   20 Felony Battery if 825.102(2)(a) , Fla. Stat., is charged 784.041(1) 8.5 Battery if 825.102(2)(a) , Fla. Stat., is charged 784.03 8.3 Attempt 777.04(1) 5.1Comment This instruction was adopted in 2013 692

6. Hansler v. Lehigh Valley Hosp. Network

   798 F.3d 149 (3d Cir. 2015)   Cited 45 times

   • Motion to dismiss

   A “serious health condition” is one that involves inpatient care in a hospital or “continuing treatment by a health care provider.” Id. § 2611(11). In its implementing regulations, the Department of Labor defines “[c]ontinuing treatment by a health care provider” to include “chronic serious health condition[s]” that (i) “[r]equire[ ] periodic visits (defined as at least twice a year) for treatment by a health care provider,” (ii) “[c]ontinue[ ] over an extended period of time,” and (iii) “[m]ay cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.).” 29 C.F.R. § 825.102.

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7. Maxwell v. State

   110 So. 3d 958 (Fla. Dist. Ct. App. 2013)   Cited 4 times

   The first substantive provision—section 825.102(1)—criminalizes “abuse,” defined to include, among other things, any “intentional act” that could reasonably be expected to result in physical or psychological injury to an elderly person or disabled adult.” § 825.101(1)(b), Fla. Stat. (2008). Subsection (3) of the statute goes on to address the crime of “neglect” which, as we pointed out earlier, is defined as a caregiver's “failure” or “omission” to provide care ... necessary to maintain the elderly person's ... physical and mental health, including, but not limited to, food, nutrition, clothing, shelter, supervision, medicine, and medical services that a prudent person would consider essential for the well-being of the elderly person ....” § 825.102(3)(a) 1, Fla. Stat. (2008). A holistic reading of section 825.102 therefore suggests that subsection (1) covers affirmative acts, and subsection (3) covers “failures” and “omissions,” thereby ensuring that both “acts” and “omissions” that could reasonably be expected to harm an elderly or disabled adult are subject to prosecution.

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8. Aflalo v. Weiner

   Case Number: 17-61923-CIV-MORENO (S.D. Fla. Jul. 2, 2018)   Cited 6 times

   • Motion to dismiss
   2 more...

   To survive a motion to dismiss on this ground, Plaintiff must prove that the Statement, as read and understood by the "common mind," suggests that the Plaintiff committed felony elder abuse under Florida law. Ortega Trujillo, F. Supp. 2d at 1339. Plaintiff alleges that the Statement refers to Florida Statute Chapter 825, specifically sections 825.103, 825.102(1), and 825.102(3)(a)(2). Those statutes declare the abuse, neglect, and exploitation of elderly persons and disabled adults felonies. Section 825.103, for example, states, in relevant part:

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9. Maxwell v. State

   No. 4D11-1123 (Fla. Dist. Ct. App. Mar. 20, 2013)

   We begin our analysis by pointing out that section 825.102(3)(a) -- the neglect provision -- is part of Chapter 825, titled "Abuse, Neglect and Exploitation of Elderly and Disabled Adults." As the title suggests, this Chapter criminalizes different types of behavior. Section 825.102(1) makes it a third degree felony to "abuse" a disabled or elderly person; section 825.102(3) criminalizes "neglect" of an elderly or disabled adult; section 825.1025 is aimed at lewd and lascivious offenses committed in the presence of a disabled or elderly person; and section 825.103 is directed at "exploitation." Each statute specifically defines the conduct criminalized, and no provision refers to, or incorporates, definitions contained within another. Each definition is free standing and self-contained.

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10. In re Standard Jury Instructions in Criminal Cases—report No. 2012-08

    131 So. 3d 692 (Fla. 2013)   Cited 1 times

    1 more...

    Give if element 3a is charged. § 825.102(3)(a), Fla. Stat.

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