The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES

Chapter 827
ABUSE OF CHILDREN

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F.S. 827.03

827.03 Abuse, aggravated abuse, and neglect of a child; penalties.—

(1) DEFINITIONS.—As used in this section, the term:

(a) “Aggravated child abuse” occurs when a person:

1. Commits aggravated battery on a child;

2. Willfully tortures, maliciously punishes, or willfully and unlawfully cages a child; or

3. Knowingly or willfully abuses a child and in so doing causes great bodily harm, permanent disability, or permanent disfigurement to the child.

(b) “Child abuse” means:

1. Intentional infliction of physical or mental injury upon a child;

2. An intentional act that could reasonably be expected to result in physical or mental injury to a child; or

3. Active encouragement of any person to commit an act that results or could reasonably be expected to result in physical or mental injury to a child.

(c) “Maliciously” means wrongfully, intentionally, and without legal justification or excuse. Maliciousness may be established by circumstances from which one could conclude that a reasonable parent would not have engaged in the damaging acts toward the child for any valid reason and that the primary purpose of the acts was to cause the victim unjustifiable pain or injury.

(d) “Mental injury” means injury to the intellectual or psychological capacity of a child as evidenced by a discernible and substantial impairment in the ability of the child to function within the normal range of performance and behavior as supported by expert testimony.

(e) “Neglect of a child” means:

1. A caregiver’s failure or omission to provide a child with the care, supervision, and services necessary to maintain the child’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 child; or

2. A caregiver’s failure to make a reasonable effort to protect a child from abuse, neglect, or exploitation by another person.

Except as otherwise provided in this section, neglect of a child may be based on repeated conduct or on a single incident or omission that results in, or could reasonably be expected to result in, serious physical or mental injury, or a substantial risk of death, to a child.

(2) OFFENSES.—

(a) A person who commits aggravated child abuse commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(b) A person who willfully or by culpable negligence neglects a child and in so doing causes great bodily harm, permanent disability, or permanent disfigurement to the child commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(c) A person who knowingly or willfully abuses a child without causing great bodily harm, permanent disability, or permanent disfigurement to the child commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(d) A person who willfully or by culpable negligence neglects a child without causing great bodily harm, permanent disability, or permanent disfigurement to the child commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) EXPERT TESTIMONY.—

(a) Except as provided in paragraph (b), a physician may not provide expert testimony in a criminal child abuse case unless the physician is a physician licensed under chapter 458 or chapter 459 or has obtained certification as an expert witness pursuant to s. 458.3175 or s. 459.0066.

(b) A physician may not provide expert testimony in a criminal child abuse case regarding mental injury unless the physician is a physician licensed under chapter 458 or chapter 459 who has completed an accredited residency in psychiatry or has obtained certification as an expert witness pursuant to s. 458.3175 or s. 459.0066.

(c) A psychologist may not give expert testimony in a criminal child abuse case regarding mental injury unless the psychologist is licensed under chapter 490.

(d) The expert testimony requirements of this subsection apply only to criminal child abuse and neglect cases pursuant to this chapter, dependency cases pursuant to chapter 39, and cases involving sexual battery of a child pursuant to chapter 794 and not to family court cases.

History.—s. 1, ch. 4721, 1899; s. 1, ch. 4971, 1901; GS 3236, 3238; RGS 5069, 5071; s. 1, ch. 9331, 1923; CGL 7171, 7173; s. 1, ch. 65-113; s. 1, ch. 70-8; s. 940, ch. 71-136; s. 49, ch. 74-383; s. 30, ch. 75-298; s. 1, ch. 84-238; s. 8, ch. 96-322; s. 16, ch. 99-168; s. 1, ch. 2003-130; s. 9, ch. 2012-155; s. 6, ch. 2015-177; s. 5, ch. 2017-153.

Note.—Former s. 828.04.

F.S. 827.03 on Google Scholar

F.S. 827.03 on Casetext

Amendments to 827.03

Arrestable Offenses / Crimes under Fla. Stat. 827.03

Level: Degree
Misdemeanor/Felony: First/Second/Third

S827.03 1 - CRUELTY TOWARD CHILD - RENUMBERED. SEE REC # 7492 - F: T

S827.03 1a - CRUELTY TOWARD CHILD - REPEALED 1996 AGGRAVATED ABUSE - F: S

S827.03 1a - CRUELTY TOWARD CHILD - RENUMBERED. SEE REC # 7324 - F: T

S827.03 1b - CRUELTY TOWARD CHILD - REPEALED 1996 AGGRAVATED ABUSE WILLFUL TORTURE - F: S

S827.03 1b - CRUELTY TOWARD CHILD - RENUMBERED. SEE REC # 7492 - F: T

S827.03 1c - CRUELTY TOWARD CHILD - REPLD 1996 AGGRAV ABUSE MALICIOUS PUNISHMENT - F: S

S827.03 1c - CRUELTY TOWARD CHILD - RENUMBERED. SEE REC # 7324 - F: T

S827.03 1d - CRUELTY TOWARD CHILD - REPEALED 1996 AGGRAVATED ABUSE WILLFUL CAGING - F: S

S827.03 2 - CRUELTY TOWARD CHILD - RENUMBERED. SEE REC # 7324 - F: F

S827.03 2a - CRUELTY TOWARD CHILD - RENUMBERED. SEE REC # 7324 - F: F

S827.03 2a - CRUELTY TOWARD CHILD - AGGRAVATED CHILD ABUSE - F: F

S827.03 2b - CRUELTY TOWARD CHILD - RENUMBERED. SEE REC # 7324 - F: F

S827.03 2b - NEGLECT CHILD - NEGLECT CHILD WITH GREAT BODILY HARM - F: S

S827.03 2c - CRUELTY TOWARD CHILD - RENUMBERED. SEE REC # 7324 - F: F

S827.03 2c - CRUELTY TOWARD CHILD - ABUSE CHILD WITHOUT GREAT BODILY HARM - F: T

S827.03 2d - NEGLECT CHILD - NEGLECT CHILD WITHOUT GREAT BODILY HARM - F: T

S827.03 3b - NEGLECT CHILD - RENUMBERED. SEE REC # 7493 - F: S

S827.03 3c - NEGLECT CHILD - RENUMBERED. SEE REC # 7494 - F: T

Annotations, Discussions, Cases:

Cases from cite.case.law:

UNITED STATES, v. DAVIS, 139 S. Ct. 2319 (U.S. 2019)

. . . . § 825.102(3)(a) (2018) ("substantial risk of death"), § 827.03(1)(e) (same); W. Va. . . .

PURCELL, v. STATE, 273 So. 3d 1150 (Fla. App. Ct. 2019)

. . . The State charged Purcell with two counts of child abuse, pursuant to section 827.03(2)(c), Florida Statutes . . .

W. REINARD, v. STATE, 273 So. 3d 180 (Fla. App. Ct. 2019)

. . . While this finding is necessary under section 827.03(1)(a)3., Florida Statutes, aggravated child abuse . . . w]illfully tortures, maliciously punishes, or willfully and unlawfully cages a child" under section 827.03 . . . reason and that the primary purpose of the acts was to cause the victim unjustifiable pain or injury. § 827.03 . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 267 So. 3d 980 (Fla. 2019)

. . . This instruction was adopted in 2008 [994 So.2d 1038], and amended in 2019. 16.5 NEGLECT OF A CHILD § 827.03 . . . Offenses NEGLECT OF A CHILD CAUSING GREAT BODILY HARM, PERMANENT DISABILITY OR PERMANENT DISFIGUREMENT- 827.03 . . . Child neglect 827.03(3)(d) 16.6 Culpable Negligence 784.05 8.9 Inflicting Injury, if culpable negligence . . .

WARD, v. STATE, 267 So. 3d 573 (Fla. App. Ct. 2019)

. . . Lucaine Ward, appeals his convictions on two counts of aggravated child abuse, in violation of section 827.03 . . . so doing causes great bodily harm, permanent disability, or permanent disfigurement to the child. § 827.03 . . . Appellant committed aggravated child abuse against his fifteen-year-old twin sons by violating section 827.03 . . .

LANIER, v. STATE, 264 So. 3d 402 (Fla. App. Ct. 2019)

. . . Lanier was charged with child neglect in violation of section 827.03(2)(b), Florida Statutes (2016). . . . expected to result in, serious physical or mental injury, or a substantial risk of death, to a child. § 827.03 . . .

L. THOMPSON, v. STATE, 265 So. 3d 700 (Fla. App. Ct. 2019)

. . . defendant initially pleaded nolo contendere to the lesser charge of aggravated child abuse under section 827.03 . . .

HICKS, v. STATE, 262 So. 3d 846 (Fla. App. Ct. 2018)

. . . . § 827.03(1)(a), Fla. Stat. (2015). Hicks insists that the State failed to prove any of this. . . . that Hicks "[k]nowingly or willfully abuse[d the] child and in so doing cause[d] great bodily harm." § 827.03 . . . principles, he could not be convicted of both child neglect causing great bodily harm (in violation of § 827.03 . . .

FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES Ad o b o P. R. v. A. R. R. L., 253 So. 3d 1158 (Fla. App. Ct. 2018)

. . . parent or parents have subjected the child or another child to aggravated child abuse as defined in s. 827.03 . . .

THOMPSON, v. STATE, 250 So. 3d 132 (Fla. App. Ct. 2018)

. . . . § 827.03(1)(e), Fla. . . .

STOFFEL, v. STATE, 247 So. 3d 89 (Fla. App. Ct. 2018)

. . . .; § 827.03(1)(a)&(b), Fla. Stat. . . .

LINTON, v. STATE, 240 So. 3d 903 (Fla. App. Ct. 2018)

. . . See § 827.03(2)(a), Fla. Stat. (2015). AFFIRMED and REMANDED with instructions. B.L. . . .

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

. . . . § 825.102(3)(a) or § 827.03(3)(e), Fla. Stat. . . . Manslaughter 782.07 7.7 *Neglect by Culpable 825.102(3)(b) 29.22 Negligence of a[n] or or [Elderly Person] 827.03 . . . Permanent Disfigurement *Neglect by Culpable 825.102(3)(c) 29.22 Negligence of a[n] or or [Elderly Person] 827.03 . . .

J. C. v. STATE, 233 So. 3d 519 (Fla. Dist. Ct. App. 2018)

. . . State, 755 So.2d 796, 798 (Fla. 2d DCA 2000) (quoting Azima’s standard in interpreting section 827.03 . . . (3)(c), Florida Statutes (1997), which applies—then and in current form, § 827.03(2)(d), Fla. . . .

RODRIGUEZ, v. STATE, 230 So. 3d 1249 (Fla. Dist. Ct. App. 2017)

. . . violation of section 787.01(3)(a), Florida Statutes (2013); aggravated child abuse, in violation of section 827.03 . . .

L. MORRIS, v. STATE, 228 So. 3d 670 (Fla. Dist. Ct. App. 2017)

. . . See § 827.03(1)(b)(2), Fla. Stat. And having committed no act of child abuse, Ms. . . .

MEDINA, DOC v. STATE, 226 So. 3d 1018 (Fla. Dist. Ct. App. 2017)

. . . his judgment and sentence for neglect of a child causing great bodily harm in violation of section 827.03 . . . culpable negligence neglect[ed] a child and in so doing cause[d] great bodily harm ... to the child.” § 827.03 . . . supervision ... that a prudent person would consider essential for the well-being of the child.” § 827.03 . . . expected to result in, serious physical or mental injury, or a substantial risk of death, to a child.” § 827.03 . . . child neglect as a willful or culpably negligent failure to provide a child with supervision or care. § 827.03 . . .

IN INTEREST OF I. N. a E. N. v. Ad K. O., 224 So. 3d 900 (Fla. Dist. Ct. App. 2017)

. . . See § 827.03(2)(d), Fla. Stat. (2014). The other charges were nolle prossed. . . .

CAYLOR, v. STATE v. L., 218 So. 3d 416 (Fla. 2017)

. . . Stat. (2008), and aggravated child abuse, see § 827.03(2), Fla. Stat. (2008). . . .

WEAVER, v. STATE, 219 So. 3d 229 (Fla. Dist. Ct. App. 2017)

. . . three first-degree felonies of aggravated child abuse by malicious punishment (in violation of section 827.03 . . . Weaver was found guilty of the lesser-included offense of child abuse, a third-degree felony (section 827.03 . . .

POCZATEK, v. STATE, 213 So. 3d 1065 (Fla. Dist. Ct. App. 2017)

. . . charged Poczatek with both aggravated child abuse and aggravated child neglect in violation of section 827.03 . . . With regard to aggravated child neglect, section 827.03(2)(b) provides that “[a] person who willfully . . . See § 827.03(2)(d) (“A person who willfully or by culpable negligence neglects a child without causing . . . medical services that a prudent person would consider essential for the well-being of the child.” § 827.03 . . . By its language in section 827.03, “the legislature has demanded that the State prove more than mere . . .

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

. . . . § 825.102(3)(a) or § 827.03(3)(e). Fla. Stat. “Neglect of hi child”! Ian elderly person”! . . .

SMITH, v. STATE, 211 So. 3d 176 (Fla. Dist. Ct. App. 2016)

. . . Aggravated child abuse under s. 827.03. . . .

MATHIS, v. STATE, 204 So.3d 104 (Fla. Dist. Ct. App. 2016)

. . . Aggravated child abuse under ,s. 827.03. . . .

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

. . . The state charged appellant with aggravated child abuse under two subsections of 827.03(l)(a), Florida . . . with violating the statute by committing “aggravated battery on a child” in violation of subsection 827.03 . . . which can be established by circumstances in which a “reasonable parent” would not have engaged. § 827.03 . . . The state also failed to make a case under section 827.03(l)(a)3 because it did not prove that the battery . . . Aggravated child abuse can be committed by “aggravated battery on a child,” § 827.03(l)(a)l, Fla. . . .

RISTAU, v. STATE, 201 So. 3d 1254 (Fla. Dist. Ct. App. 2016)

. . . Section 827.03(2)(b), Florida Statutes (2014), provides that “[a] person who willfully or by culpable . . . negligent, we do not agree that he acted willfully or with culpable negligence as required by section 827.03 . . . The verdict form included the lesser offenses of child neglect without great bodily harm, § 827.03(2) . . .

GELIN, v. U. S. ATTORNEY GENERAL,, 837 F.3d 1236 (11th Cir. 2016)

. . . committed through “culpable negligence,” because that was instead an element of child neglect under § 827.03 . . . Stat. § 827.03(2)(c), The statute defines “child abuse” as: (1) Intentional infliction of physical or . . .

UNITED STATES v. OLIVER,, 653 F. App'x 735 (11th Cir. 2016)

. . . district court’s determination that his 2006 conviction for child neglect pursuant to Florida Statute § 827.03 . . . Stat. § 827.03(2)(b). Neglect of a child is defined as: 1. . . . Stat. § 827.03(l)(e). . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 190 So. 3d 614 (Fla. 2016)

. . . -F-la, Stat.. [962 So.2d 310], and 2016. 16.1 AGGRAVATED CHILD ABUSE § 827.03(2)(a), Fla. Stat. . . . Fla.- -Stat § 827.03(c), Fla. Stat. . . . Stat. § 827.03(l)(b), Fla. Stat. . . . § 827.03(l)(d), Fla. Stat. . . . Lesser Included Offenses AGGRAVATED CHILD ABUSE — 827.03(2)(a) CATEGORY ONE_;_CATEGORY TWO FLA. . . .

MASTERS, v. STATE, 187 So. 3d 1283 (Fla. Dist. Ct. App. 2016)

. . . causing great bodily harm, permanent disability, or permanent disfigurement, as prohibited by section 827.03 . . .

GARDNER, v. STATE, 194 So. 3d 385 (Fla. Dist. Ct. App. 2016)

. . . See §§ 782.07(3), 827.03(2)(c), Fla. Stat. (2009). . . . person who causes the death of any person under the age of 18 by culpable negligence under s[ection] 827.03 . . .

STATE v. THOMPSON,, 193 So. 3d 916 (Fla. Dist. Ct. App. 2016)

. . . See §§ 782.04(l)(a)(2)(h), 827.03(l)(a)(3), 2(a), Fla. Stat. (2013). . . .

In A. W. S. W. N. W. v. Ad, 184 So. 3d 1179 (Fla. Dist. Ct. App. 2015)

. . . parent or parents have subjected the child or another child to aggravated child abuse as defined iris. 827.03 . . .

PETHTEL, v. STATE, 177 So. 3d 631 (Fla. Dist. Ct. App. 2015)

. . . As the court instructed the jury in this case, aggravated child abuse under section 827.03(l)(a)(3), . . . Child abuse is then defined under section 827.03(l)(b) as: 1. . . . as: “A person who causes the death of any person under the age of 18 by culpable negligence under s. 827.03 . . . that results or could reasonably be expected to result in physical or mental injury” to a child. § 827.03 . . .

FARRELL, v. STATE, 186 So. 3d 1046 (Fla. Dist. Ct. App. 2015)

. . . The state charged appellant with aggravated child abuse under section 827.03(2), Fla. . . .

GRAHAM, v. STATE, 169 So. 3d 123 (Fla. Dist. Ct. App. 2015)

. . . See § 827.03(2)(b), Fla. Stat. (2000). Consistent with State v. . . . reason and that the primary purpose of the acts was to cause the victim unjustifiable pain or injury. § 827.03 . . .

UNITED STATES v. SCHEWE,, 603 F. App'x 805 (11th Cir. 2015)

. . . . § 827.03(2)(c). . . .

CAMPBELL, v. WARDEN, FCC COLEMAN- MEDIUM,, 595 F. App'x 839 (11th Cir. 2014)

. . . proceedings — and we can find none — that specifically addressed whether a conviction for child abuse under § 827.03 . . . district court noted in Campbell’s initial § 2255 proceedings that the child-abuse conviction was under § 827.03 . . . Ann. § 827.03(l)(b), the offense of child abuse is defined as 1. . . .

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

. . . The district court reasoned that “any conviction of Florida Statute 827.03, a third-degree felony, has . . . Stat. §§ 827.03(2)(c), 827.03(a)(b)(2) (emphasis added). . . . Instead, the court apparently did not recognize that more than one version of § 827.03 exists, so it . . . Stat. § ] 827.03(b), an intentional act that could reasonably be expected to result in physical or mental . . . action could reasonably cause physical or mental injury to that child, contrary to the provisions of 827.03 . . . . § 827.03(2)(c). . . . Id. § 827.03(l)(b)(2). . . . Stat. § 827.03(1)? . . . Spencer pleaded guilty in state court to felony child abuse, under Florida Statute § 827.03. . . .

WUNSCH, v. STATE, 150 So. 3d 869 (Fla. Dist. Ct. App. 2014)

. . . THE FACTUAL AND PROCEDURAL BACKGROUND Section 827.03(3), Florida Statutes (2007), defines “neglect of . . . Accordingly, section 827.03(3) provides two alternative theories under which a caregiver may commit child . . . permanent disability, or permanent disfigurement to said child, contrary to Florida Statute[s][, section] 827.03 . . . Wunsch with the failure to protect J.C. from abuse by another person under section 827.03(3)(a)(2), which . . . charge her with failure to provide services necessary for J.C.’s physical or mental health under section 827.03 . . .

STATE v. A. MOSLEY,, 149 So. 3d 684 (Fla. 2014)

. . . Any felony violation of s. 790.07, s. 800.04, s. 827.03, or s. 827.071; within 3 years after being released . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 152 So. 3d 475 (Fla. 2014)

. . . Stat. § 827.03(c). . . . Stat. § 827.03(l)(b). . . . Lesser Included Offenses _AGGRAVATED CHILD ABUSE — 827.03(2)(a)_ CATEGORY ONE_CATEGORY TWO FLA. . . . This instruction was adopted in 2014. 16.3 CHILD ABUSE § 827.03(2)(c), Fla. Stat. . . . Definitions, give as applicable. § 827.03(l)(d), Florida Statutes. . . .

C. IBEAGWA, v. STATE, 141 So. 3d 246 (Fla. Dist. Ct. App. 2014)

. . . provides, A person who causes the death of any person under the age of 18 by culpable negligence under s. 827.03 . . . Section 827.03(3) defines “neglect of a child” to include a “caregiver’s failure or omission to provide . . . ” “Neglect may be based upon repeated conduct or on a single isolated incident or omission .... ” § 827.03 . . . Child neglect is criminalized when a person “willfully or by culpable negligence neglects a child.” § 827.03 . . . Under section 827.03(l)(e)l., Florida Statutes (2010), Appellant failed to “provide a child with the . . . child neglect was the result of Appellant “willfully or by culpable negligence neglecting] a child.” § 827.03 . . . Stat.) by culpable negligence (§ 827.03(3), Fla. Stat.). . . .

THOMPSON, v. STATE, 139 So. 3d 377 (Fla. Dist. Ct. App. 2014)

. . . . § 827.03(3)(c), Fla. Stat. (2011) (renumbered § 827.03(2)(d) (2012)). . . . .” § 827.03(3)(a)l, Fla. Stat. (2011) (renumbered § 827.03(1)(e)1 (2012)). . . . .” § 827.03(3)(a)2, Fla. Stat. (2011) (renumbered § 827.03(1)(e)2 (2012)). . . .

RAMIREZ, v. STATE, 133 So. 3d 648 (Fla. Dist. Ct. App. 2014)

. . . defendant is charged with a crime against a victim under s. 794.011; s. 794.05; s. 800.04; s. 826.04; s. 827.03 . . .

BURNS, v. STATE, 132 So. 3d 1238 (Fla. Dist. Ct. App. 2014)

. . . challenges his conviction for child neglect without causing great bodily harm in violation of section 827.03 . . . causing great bodily harm stemming from an incident involving a fifteen-month-old girl named A.B. § 827.03 . . . Section 827.03 defines “[n]eglect of a child” as: 1. . . . Stat. (2011) (renumbered § 827.03(l)(e) (2012)). . . . Stat. (2011) (renumbered § 827.03(2)(d) (2012)). . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 131 So. 3d 692 (Fla. 2013)

. . . aggravated abuse, and neglect of an elderly person or disabled adult; penalties), as it did in section 827.03 . . .

TATE, v. STATE, 136 So. 3d 624 (Fla. Dist. Ct. App. 2013)

. . . See § 827.03(l)(a)(3), Fla. Stat. (2006). . . .

WILKES, v. STATE, 123 So. 3d 632 (Fla. Dist. Ct. App. 2013)

. . . Any felony violation of s. 790.07, s. 800.04, s. 827.03, s. 827.071, or s. 847.0135(5); within 3 years . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 122 So. 3d 263 (Fla. 2013)

. . . Stat. § 827.03(c). . . . Stat. § 827.03(l)(b). . . . State, 828 So.2d 1012 (Fla.2002). § 827.03 Fla. . . . Lesser Included Offenses Comment This instruction-is- based-on-§ -827.03(2), Fla. . . . State, 828 So.2d 1012 (Fla.2002). § 827.03 Fla. . . .

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

. . . . § 827.03(1). . . . Stat. § 827.03(1) (2003) (emphasis added). . . . Stat. § 827.03(1) (2003) (emphasis added). . . . Stat. § 827.03(1). (2003) (emphasis added)) or the Florida Supreme Court’s interpretation. . . . Stat. § 827.03(1)? Certificate of Appealability at 2 (Record No. 22). . . .

KELLY, v. STATE, 125 So. 3d 1046 (Fla. Dist. Ct. App. 2013)

. . . See § 827.03, Fla. Stat. (2011). . See § 837.055, Fla. Stat. (2011). . . .

SPAGNOLO, v. STATE, 116 So. 3d 599 (Fla. Dist. Ct. App. 2013)

. . . of [A.S.], in violation of Florida Statute 782.04(4); COUNT II CHILD ABUSE — GREAT BODILY HARM ETC 827.03 . . . Stat. 827.03(3)(b) To prove the crime of Child Abuse/Neglect, the State must prove the following four . . . As used in section 827.03, Florida Statutes (2008), “child abuse” means: 1. . . . “Child abuse under section 827.03(l)(a) requires intentional infliction of physical or mental injury . . . upon a child and is a third-degree felony, whereas neglect of a child under section 827.03(3)(b) is a . . .

CALAMIA, v. STATE, 125 So. 3d 1007 (Fla. Dist. Ct. App. 2013)

. . . In Gaylord, the supreme court said “maliciously” in Florida’s child abuse statute, section 827.03, Florida . . . We do note that the Legislature amended the child abuse statute, section 827.03, to change the definition . . .

STATE v. BAEZ- DELAROSA,, 107 So. 3d 1205 (Fla. Dist. Ct. App. 2013)

. . . of section 800.04(5)(c)(2)., Florida Statutes; and one count of child abuse in violation of section 827.03 . . .

HARE, v. STATE Of v. Of, 114 So. 3d 252 (Fla. Dist. Ct. App. 2013)

. . . the defendant caused the death of a person under the age of eighteen “by culpable negligence under s. 827.03 . . . In turn, to prove child neglect under section 827.03(3), Florida Statutes (2009), the State is required . . . See § 827.03(3)(c), Fla. Stat. (2009); Fla. Std. Jury Inst. (Crim.) 16.5, 16.6; Parrish v. . . . Neglect of a child, resulting in great bodily harm, is a second-degree felony. § 827.03(3)(b), Fla. . . . Stat. (2009). . § 827.03(3), Fla. . . .

STATE v. AKERS,, 104 So. 3d 1259 (Fla. Dist. Ct. App. 2013)

. . . bodily harm, permanent disability, or permanent disfigurement to said child, contrary to Florida Statute 827.03 . . .

N. M. M. M. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 103 So. 3d 1005 (Fla. Dist. Ct. App. 2012)

. . . parent or parents have subjected the child or another child to aggravated child abuse as defined in s. 827.03 . . .

McDONALD, v. STATE, 101 So. 3d 914 (Fla. Dist. Ct. App. 2012)

. . . . § 827.03(l)(a), Fla. Stat. (2008). . Under Frye v. . . .

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

. . . Child Neglect Braddy was convicted of child neglect causing great bodily harm, as set forth in section 827.03 . . . “Neglect of a child” is defined in section 827.03(3)(a) as follows: 1. . . . expected to result in, serious physical or mental injury, or a substantial risk of death, to a child. § 827.03 . . .

PAGAN, v. STATE, 110 So. 3d 3 (Fla. Dist. Ct. App. 2012)

. . . See § 827.03(2) Fla. Stat. (2002). . . .

A. J. v. DEPARTMENT OF CHILDREN AND FAMILIES Ad, 97 So. 3d 985 (Fla. Dist. Ct. App. 2012)

. . . parent or parents have subjected the child or another child to aggravated child abuse as defined in s. 827.03 . . .

BREWINGTON, v. STATE, 98 So. 3d 628 (Fla. Dist. Ct. App. 2012)

. . . ..2007 in Lee County, Florida, did unlawfully, by culpable negligence under Florida Statute section 827.03 . . .

ROBINSON, Jr. v. STATE, 95 So. 3d 437 (Fla. Dist. Ct. App. 2012)

. . . and charged with two counts of aggravated child abuse, first-degree felonies in violation of section 827.03 . . .

UNITED STATES v. PACHECO- TZUL, a. k. a. a. k. a., 486 F. App'x 826 (11th Cir. 2012)

. . . In 2007, Pacheco-Tzul was convicted in Florida state court of child abuse under Florida Statute § 827.03 . . . On appeal, Pacheco-Tzul contends that Florida Statute § 827.03 proscribes both conduct that would qualify . . .

STATE v. HACKLEY,, 95 So. 3d 92 (Fla. 2012)

. . . Any felony violation of s. 790.07, s. 800.04, s. 827.03, or s. 827.071; within 3 years after being released . . . which — prior to the revision — only incorporated "[a]ny felony violation of s. 790.07, s. 800.04, s. 827.03 . . .

GUDMALIN, a. k. a. v. U. S. ATTORNEY GENERAL,, 479 F. App'x 922 (11th Cir. 2012)

. . . . § 827.03(1). . . . Ann. § 827.03(1) may involve sexual conduct. . . . Ann. § 827.03(1) does not constitute “sexual abuse of a minor” under § 1101(a)(43)(A). . . . Specifically, he argues that, because § 827.03(1) lacks any explicit sexual element, it does not fall . . . In determining whether a guilty plea under § 827.03(1) constitutes “sexual abuse of a minor” under § . . .

RAMOS, v. STATE, 89 So. 3d 1119 (Fla. Dist. Ct. App. 2012)

. . . (cross-referencing § 827.03(3)). . See Fla. Std. Jury Instr. . . . lawful act by lawful means with usual ordinary caution and without any unlawful intent”); but see § 827.03 . . .

L. GUILFORD, v. STATE, 88 So. 3d 998 (Fla. Dist. Ct. App. 2012)

. . . See § 827.03(2), Fla. Stat. (2002). . . .

MERKLE n k a G. v. STATE, 88 So. 3d 375 (Fla. Dist. Ct. App. 2012)

. . . believes that his or her action was necessary to protect the minor from child abuse as defined in s. 827.03 . . .

In Z. C. Z. C. Ad v. K. D. Z. H., 88 So. 3d 977 (Fla. Dist. Ct. App. 2012)

. . . parent or parents have subjected the child or another child to aggravated child abuse as defined in s. 827.03 . . .

A. H. A. H. A. H. v. FLORIDA DEPARTMENT OF CHILDREN AND FAMILY SERVICES,, 85 So. 3d 1213 (Fla. Dist. Ct. App. 2012)

. . . conclusion that he “subjected a child and/or sibling to aggravated child abuse as defined in s[ection] 827.03 . . . so doing causes great bodily harm, permanent disability, or permanent disfigurement to the child.” § 827.03 . . .

K. R. L. v. DEPARTMENT OF CHILDREN FAMILY SERVICES, Ad, 83 So. 3d 936 (Fla. Dist. Ct. App. 2012)

. . . parent or parents have subjected the child or another child to aggravated child abuse as defined in s.827.03 . . .

STATE v. N. STURDIVANT,, 94 So. 3d 434 (Fla. 2012)

. . . . § 827.03(2), Fla. Stat. (2007). . . . reason and that the primary purpose of the acts was to cause the victim unjustifiable pain or injury. § 827.03 . . . or (4)Willfully and unlawfully cages a child shall be guilty of a felony of the second degree.... § 827.03 . . .

UNITED STATES v. R. MCACY,, 456 F. App'x 830 (11th Cir. 2012)

. . . Jessica McAcy appeals her convictions for aggravated child abuse, in violation of Florida State Statute § 827.03 . . .

SANTIAGO, v. STATE, 76 So. 3d 1027 (Fla. Dist. Ct. App. 2011)

. . . Any felony violation of s. 790.07, s. 800.04, s. 827.03, s. 827. 071, or s. 847.0135(5); within 3 years . . .

CAYLOR, v. STATE, 78 So. 3d 482 (Fla. 2011)

. . . Stat. (2008), and aggravated child abuse, see § 827.03(2), Fla. Stat. (2008). . . . Brooks, 918 So.2d at 198 (citing § 827.03(2), Fla. Stat. (2002)). . . .

WILSON, v. STATE, 72 So. 3d 331 (Fla. Dist. Ct. App. 2011)

. . . Wilson was charged by information with child abuse in violation of section 827.03(l)(b), Florida Statutes . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 75 So. 3d 207 (Fla. 2011)

. . . According to the Minority Report, DuFresne recognized that the provisions of chapter 39 and section 827.03 . . . minority believes that several chapter 39 definitions should be used in the jury instruction for section 827.03 . . . APPENDIX 16.3 CHILD ABUSE § 827.03(1), Fla. Stat. . . .

In AMENDMENTS TO STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- INSTRUCTION, 75 So. 3d 210 (Fla. 2011)

. . . . § 825.102(3)(a) or § 827.03(3)(a), Fla. Stat. Give 1 or 2 as applicable. . . .

DAVILA, v. STATE, 75 So. 3d 192 (Fla. 2011)

. . . course of committing said offense, the defendant committed aggravated child abuse, as defined in s. 827.03 . . .

G. C. v. R. S. K. C., 71 So. 3d 164 (Fla. Dist. Ct. App. 2011)

. . . use corporal discipline does not provide absolute immunity to charges of child abuse under section 827.03 . . .

PARRISH, v. STATE, 66 So. 3d 1030 (Fla. Dist. Ct. App. 2011)

. . . Section 827.03(3)(a)(1), Florida Statutes (2010), defines child neglect as: A caregiver’s failure or . . . , or could reasonably be expected to result in, serious physical or mental injury [] to a child.” § 827.03 . . . See § 827.03(3)(c), Fla. Stat. (2010); see also Arnold v. . . . State, 826 So.2d 272, 278-79 (Fla.2002) (reading chapter 39 in pari materia with section 827.03 to supply . . .

BURROWS, v. STATE, 62 So. 3d 1258 (Fla. Dist. Ct. App. 2011)

. . . attempted first-degree murder of Bynum (Count 1), and the child abuse of J.E. in violation of section 827.03 . . . The defendant was charged with child abuse pursuant to section 827.03(l)(b), which provides in relevant . . . Although section 827.03 does not define the term “mental injury,” in DuFresne v. . . . Pursuant to section 827.03(l)(b), the State was not required to prove actual mental injury to J.E., but . . . So.2d 1189, 1193 (Fla. 4th DCA 2006) (“The offense of child abuse under subsection (b) [of section 827.03 . . .

DELGADO, v. STATE, 71 So. 3d 54 (Fla. 2011)

. . . have been expected to ensue, the State could have charged Delgado with child abuse pursuant to section 827.03 . . . numerous insect bites was sufficient to support a third-degree felony child abuse conviction under section 827.03 . . . Section 827.03(l)(b) defines "[c]hild abuse” as "[a]n intentional act that could reasonably be expected . . .

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

. . . great bodily harm, to-wit: by causing him to sustain burns over a large portion of his body_” Section 827.03 . . . so doing causes great bodily harm, permanent disability, or permanent disfigurement to the child. § 827.03 . . . After Reed, the legislature amended section 827.03 and defined the term “maliciously” as it now appears . . . See § 827.03(4), Fla. Stat. (2005). . . .

BALLARD, v. A. McNEIL,, 785 F. Supp. 2d 1299 (N.D. Fla. 2011)

. . . a child, Taylor Ballard, by choking her until she blacked out, contrary to Florida Statutes Section 827.03 . . .

CHISOLM, v. STATE, 58 So. 3d 304 (Fla. Dist. Ct. App. 2011)

. . . misdemeanor under section 827.04, Florida Statutes, but not third-degree felony child abuse under section 827.03 . . . in loco parentis has no absolute immunity and may be convicted of felony child abuse under section 827.03 . . . in permanent disability or permanent disfigurement to be treated as simple child abuse under section 827.03 . . . establishes the affirmative defense of reasonable parental corporal punishment, the considerations of section 827.03 . . .

I. MARTINEZ, v. U. S. ATTORNEY GENERAL,, 413 F. App'x 163 (11th Cir. 2011)

. . . . § 827.03(3)(a), (c). . . . Stat. § 827.03(3) constitutes a “crime of child abuse” under 8 U.S.C. § 1227(a)(2)(E)(i). . . . Stat. § 827.03(3)(c). The statutory scheme ■ defines “neglect of a child” as: 1. . . . Id. § 827.03(3)(a). . . . Stat. § 827.03(3)(a) is without merit. . . .

PLAINTIFF B, J, S, V, v. R. FRANCIS, MRA LLC, LLC, s, 631 F.3d 1310 (11th Cir. 2011)

. . . Francis was convicted under a Plea Agreement of one count of child abuse under Florida Statutes § 827.03 . . .

HARRIS, v. UNITED STATES, 757 F. Supp. 2d 1303 (S.D. Fla. 2010)

. . . Stat., child abuse, § 827.03(1), Fla. . . .

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

. . . Nowlin was charged with child neglect causing great bodily harm under section 827.03(3), which provides . . . In Christie, a public school teacher was charged under section 827.03(3)(a) with child neglect with no . . . The plain and obvious meaning of “caregiver” has been applied to neglect prosecutions under 827.03(3) . . . To be sure, a juvenile can be prosecuted for child abuse under section 827.03. See K.B.S. v. . . . And nothing in section 827.03 supports drawing a distinction between child abuse and child neglect to . . . The text of section 827.03(3)(b), does not provide adequate notice that a child may be held criminally . . . Section 827.03(3)(b) provides that a caregiver who neglects a child and thereby causes great bodily injury . . .

JOHNSON, v. STATE, 50 So. 3d 77 (Fla. Dist. Ct. App. 2010)

. . . it was a certain term below the maximum sentence of ten years for two counts of child abuse, see § 827.03 . . .

BURKE, v. STATE, 48 So. 3d 943 (Fla. Dist. Ct. App. 2010)

. . . Burke was charged under section 827.03(1), Florida Statutes (2007), which makes it a third-degree felony . . . chapter addressing proceedings related to children, to flesh out the meaning of terms used in section 827.03 . . . the definition of “harm” in chapter 39 in pari materia with the definition of child abuse in section 827.03 . . . See §§ 39.01(31); 827.03(1). . . . The same is true of the “mental injury” component of section 827.03(1). . . .

TASKER, v. STATE, 48 So. 3d 798 (Fla. 2010)

. . . He was also charged with child abuse in violation of section 827.03(1), Florida Statutes (2004), in relation . . .

TINDALL, v. STATE, 45 So. 3d 799 (Fla. Dist. Ct. App. 2010)

. . . Aggravated child abuse, as defined in s. 827.03; 2. . . .

BROWN, v. STATE, 41 So. 3d 259 (Fla. Dist. Ct. App. 2010)

. . . See §§ 827.03(3)(b), 784.045(2), Fla. Stat. (2007). . . . [tracking section 827.03(2)(b) ], a child under the age of 18 years, or did knowingly or willfully abuse . . . (2)(e) ], in violation of Florida Statute 827.03(2). . . . Count I did not track the language of, or otherwise reference, section 827.03(2)(a), which provides that . . . (2)(a)— the only portion of section 827.03 that could have supported a charge of aggravated child abuse . . .

In AMENDMENTS TO STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES INSTRUCTION, 41 So. 3d 853 (Fla. 2010)

. . . . § 825.102(3)(a) or § 827.03(3)(a), Fla. Stat. Give 1 or 2 as applicable. . . .

STEPHENSON, v. STATE, 31 So. 3d 847 (Fla. Dist. Ct. App. 2010)

. . . See § 827.03(3)(b) (2007). . . .

STATE v. BROOKS,, 17 So. 3d 1261 (Fla. Dist. Ct. App. 2009)

. . . and guilty of the lesser-included offense of count two of neglect of a child in violation of section 827.03 . . . Section 827.03(3)(c) provides that it is a third-degree felony to willfully or by culpable negligence . . .