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Florida Statute 827.01 | Lawyer Caselaw & Research
F.S. 827.01 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 827.01

The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 827
ABUSE OF CHILDREN
View Entire Chapter
F.S. 827.01
827.01 Definitions.As used in this chapter:
(1) “Caregiver” means a parent, adult household member, or other person responsible for a child’s welfare.
(2) “Child” means any person under the age of 18 years.
(3) “Placement” means the giving or transferring of possession or custody of a child by any person to another person for adoption or with the intent or purpose of surrendering the control of the child.
History.s. 48, ch. 74-383; s. 1, ch. 77-174; s. 7, ch. 96-322.

F.S. 827.01 on Google Scholar

F.S. 827.01 on Casetext

Amendments to 827.01


Arrestable Offenses / Crimes under Fla. Stat. 827.01
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 827.01.



Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 236 So. 3d 282 (Fla. 2018)

. . . . § 827.01(2), Fla. Stat. "Child" means any person under the age of 18 years. . . . As applied to a Child. § 827.01(1), Fla. Stat. . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 213 So. 3d 680 (Fla. 2017)

. . . . £ 827.01(2). Fla. Stat. “Child” means anv person under the age of 18 years. . . . As applied to a Child. § 827.01(1). Fla. . . .

WHEELER, v. STATE, 203 So. 3d 1007 (Fla. Dist. Ct. App. 2016)

. . . .” § 827.01(2), Fla. Stat. (2014). . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 195 So. 3d 356 (Fla. 2016)

. . . . § 827.01(í2),.Fla. Stat. “Child” means any person under the age of 18 years. State v. . . .

SPENCER, v. UNITED STATES, 773 F.3d 1132 (11th Cir. 2014)

. . . . § 827.01(2) defines the term “child” to include anyone up to, though not including, the age of eighteen . . .

SPENCER, v. UNITED STATES, 727 F.3d 1076 (11th Cir. 2013)

. . . The DuFresne court actually cited section 827.01, which defined only the terms "caregiver,” "child,” . . . Stat. § 827.01 (1996). . . . throughout the opinion, the DuFresne court cited section 827.03, which did define child abuse, not section 827.01 . . . Thus, we assume that DuFresnes quoted reference to 827.01 here, rather than 827.03, was inadvertent. . . .

BRADDY, v. STATE, 111 So. 3d 810 (Fla. 2012)

. . . .” § 827.01(1), Fla. Stat. (1997). . . .

KENNEDY, v. STATE, 59 So. 3d 376 (Fla. Dist. Ct. App. 2011)

. . . State, 1 So.3d 1220, 1223 (Fla. 2d DCA 2009) ("Previous versions of section 827.01, Florida Statutes, . . .

STATE v. NOWLIN,, 50 So. 3d 79 (Fla. Dist. Ct. App. 2010)

. . . The term “caregiver” is defined in section 827.01(a) as “a parent, adult household member, or other person . . . See § 827.01(2), Fla. Stat. . . . .” § 827.01(1), Fla. Stat. (2009). . . . other person responsible for a child’s welfare” portion of the definition of “caregiver” in section 827.01 . . . or regular babysitting responsibility to establish a defendant’s status as a caregiver under section 827.01 . . .

COX, v. STATE, 1 So. 3d 1220 (Fla. Dist. Ct. App. 2009)

. . . Previous versions of section 827.01, Florida Statutes, defined torture for purposes of aggravated child . . . 600 So.2d 1101 (Fla.1992) (discussing what acts constitute torture under previous version of sections 827.01 . . . aggravated child abuse both as malicious punishment and willful torture as previously defined in section 827.01 . . .

STATE v. CHRISTIE,, 939 So. 2d 1078 (Fla. Dist. Ct. App. 2005)

. . . teacher can be deemed a “caregiver” for students during school hours, as that term is defined in section 827.01 . . . We conclude that a public school teacher is a “caregiver,” as defined by section 827.01(1), during school . . . Section 827.01(1), in turn, defines “caregiver” as “a parent, adult household member, or other person . . . defined as “a parent, adult household member, or other person responsible for a child’s welfare.” § 827.01 . . . The plain and obvious meaning of “caregiver,” in 827.01(1), has been applied to neglect prosecutions . . .

STATE v. JENKINS,, 910 So. 2d 934 (Fla. Dist. Ct. App. 2005)

. . . Jenkins also argues that Sechrest’s statement by itself could not establish that Jenkins violated section 827.01 . . .

M. KARWOSKI, v. STATE, 867 So. 2d 486 (Fla. Dist. Ct. App. 2004)

. . . . § 827.01(2), Fla. Stat. (1996). . . .

DUFRESNE, v. STATE, 826 So. 2d 272 (Fla. 2002)

. . . For instance, as defined under section 827.01, “child abuse” includes intentional infliction of mental . . .

DURAND, v. STATE, 820 So. 2d 381 (Fla. Dist. Ct. App. 2002)

. . . .” § 827.01(1), Fla. Stat. (1999). . . .

STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- SUBMISSION, 824 So. 2d 881 (Fla. 2002)

. . . See § 827.01, Fla. Stat. (2001); ch. 96-322, § 7, at 1770, Laws of Fla. . . . ■Definitions; — give—if—la—alleged—Fv& 827.01(3) “Torture” means — every -act-, omission, -or neglect . . .

ZILE, v. STATE, 710 So. 2d 729 (Fla. Dist. Ct. App. 1998)

. . . Section 827.01(3) defines “torture” as “every act, omission, or neglect whereby unnecessary or unjustifiable . . . conclude that this prolonged abuse caused Christina “unjustifiable pain or suffering,” as defined in § 827.01 . . .

STATE v. COHEN,, 696 So. 2d 435 (Fla. Dist. Ct. App. 1997)

. . . Here, defendant does not raise the constitutional argument that section 827.01 lacked definiteness such . . .

STATE v. ROBINETTE,, 652 So. 2d 926 (Fla. Dist. Ct. App. 1995)

. . . .” § 827.01(1), Florida Statutes. . . .

STANDARD JURY INSTRUCTIONS- CRIMINAL CASES NO., 603 So. 2d 1175 (Fla. 1992)

. . . [Page A-60] Definitions; F S 827.01(1) “Child” means any person under the age of eighteen years. . . .

NICHOLSON, v. STATE, 600 So. 2d 1101 (Fla. 1992)

. . . Therefore, if the definition contained in section 827.01(3), Florida Statutes (1987), is to be given . . . Section 827.01(3), Florida Statutes (1987), defines the term "torture,” as used in chapter 827, to mean . . . every act, omission, or neglect whereby unnecessary or unjustifiable pain or suffering is caused." . § 827.01 . . .

NICHOLSON, v. STATE, 579 So. 2d 816 (Fla. Dist. Ct. App. 1991)

. . . Section 827.01, Florida Statutes: (1) "Child” means any person under the age of 18 years. (2) "Placement . . .

STATE v. HARRIS, 537 So. 2d 1128 (Fla. Dist. Ct. App. 1989)

. . . brief and from the trial court in its order about the failure of Jakubczak to recognize that section 827.01 . . . there appears to be no way to fully, i.e., without any logical doubt, square Jakubczak with section 827.01 . . . (3) to arrive at a result contrary to that of Jakubczak, we conclude that section 827.01(3) should not . . . To follow the definition in section 827.01(3) would result in an incongruity with otherwise manifested . . . (3) only defines “torture” would not logically justify ignoring the section 827.01(3) definition, the . . .

H. KAMA, v. STATE, 507 So. 2d 154 (Fla. Dist. Ct. App. 1987)

. . . "Torture” is defined by section 827.01(3) as “every act, omission, or neglect whereby unnecessary or . . .

DAVIS, v. J. PAGE, Jr., 618 F.2d 374 (5th Cir. 1980)

. . . . § 827.01-.07 (West 1974). . . . .

D. PURVIS, v. STATE W. FRENCH v. STATE, 377 So. 2d 674 (Fla. 1979)

. . . Statutes (1977), and children are protected from abuse under sections 794.011, 794.05, 796.03, 800.04 and 827.01 . . .

FAUST, v. STATE, 354 So. 2d 866 (Fla. 1978)

. . . Furthermore, the term “torture,” as employed in the present statute, is now defined by Section 827.01 . . .