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F.S. 827.03 on Google Scholar

F.S. 827.03 on Casetext

Amendments to 827.03


The 2022 Florida Statutes

Title XLVI
CRIMES
Chapter 827
ABUSE OF CHILDREN
View Entire Chapter
F.S. 827.03 Florida Statutes and Case Law
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.

Statutes updated from Official Statutes on: August 29, 2022
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

827.03 2a - CRUELTY TOWARD CHILD - AGGRAVATED CHILD ABUSE - F: F
827.03 2b - NEGLECT CHILD - NEGLECT CHILD WITH GREAT BODILY HARM - F: S
827.03 2c - CRUELTY TOWARD CHILD - ABUSE CHILD WITHOUT GREAT BODILY HARM - F: T
827.03 2d - NEGLECT CHILD - NEGLECT CHILD WITHOUT GREAT BODILY HARM - F: T


Civil Citations / Citable Offenses under S827.03
R or S next to points is Mandatory Revocation or Suspension

Current data shows no reason a civil citation or a suspension or revocation of license should have been issued under Florida Statute 827.03.


Annotations, Discussions, Cases:

  1. Ford v. State

    802 So. 2d 1121 (Fla. 2001)   Cited 88 times   1 Legal Analyses
    Where a defendant waits until after the State rests its case to challenge the propriety of an indictment, the defendant is required to show not that the indictment is technically defective but that it is so fundamentally defective that it cannot support a judgment of conviction. In the present case, the caption of the indictment charged Ford with violating section 827.03, Florida Statutes (Supp. 1996), and the text of the indictment stated specific grounds. Although section 827.03 embraces three separate child abuse-related offenses (i.e., simple child abuse, aggravated child abuse, and neglect of a child) and the grounds set forth in the indictment could have supported charges of either simple child abuse under section 827.03( 1) or neglect of a child under 827.03( 3), this is not a sufficient basis for invalidating the conviction at this point. Any inquiry concerning the technical propriety of the indictment should have been raised prior to trial at which time any deficiency could have been cured. The indictment as worded adequately placed Ford on notice that he was charged with a violation of the child abuse proscriptions of section…
    PAGE 1131
  2. Raford v. State

    828 So. 2d 1012 (Fla. 2002)   Cited 29 times
    In chapter 96-322, section 8, Laws of Florida, section 827.03 was rewritten to include three subsections: the first addressed child abuse, the second addressed aggravated child abuse, and the third addressed neglect of a child. The definition of child abuse, which previously discussed a person "permitting" injury, was substantially rewritten in the amended section 827.03(1). "Simple" child abuse was enhanced to become a third-degree felony .... Nothing in the language of this statute now appears to exempt parents from prosecution.
    PAGE 1018
  3. Dufresne v. State

    826 So. 2d 272 (Fla. 2002)   Cited 30 times
    § 827.03(1), Fla. Stat. (Supp. 1996). Prior to trial, the State filed an amended information, wherein it changed the dates of the alleged incidents of abuse in order to bring the case within the effective date of the 1996 revisions to section 827.03(1). Thereafter, petitioner filed a motion to dismiss the amended information, arguing in part that section 827.03(1) was unconstitutionally overbroad and vague. Following a hearing on petitioner's motion to dismiss, the trial court entered an order finding the statute to be unconstitutional as being both overbroad and vague.
    PAGE 274
  4. State v. McDonald

    785 So. 2d 640 (Fla. Dist. Ct. App. 2001)   Cited 16 times
    In chapter 96-322, section 8, Laws of Florida, section 827.03 was rewritten to include three subsections: the first addressed child abuse, the second addressed aggravated child abuse, and the third addressed neglect of a child. The definition of child abuse, which previously discussed a person "permitting" injury, was substantially rewritten in the amended section 827.03(1). "Simple" child abuse was enhanced to become a third-degree felony, and aggravated child abuse became a first-degree felony. Nothing in the language of this statute now appears to exempt parents from prosecution.
    PAGE 645
  5. Nicholson v. State

    600 So. 2d 1101 (Fla. 1992)   Cited 22 times
    Both of Nicholson's claims are based on the contention that only acts of commission done with specific intent are actionable under section 827.03. See Jakubczak v. State, 425 So.2d at 189 ("legislature intended to punish under section 827.03 only acts of commission done with specific intent"); State v. Harris, 537 So.2d at 1129 (same). Nicholson therefore argues that omission by failing to feed a child is insufficient to support a conviction of aggravated child abuse.
    PAGE 1103
  6. Kama v. State

    507 So. 2d 154 (Fla. Dist. Ct. App. 1987)   Cited 31 times
    Section 827.03(3), Florida Statutes (1983), charges aggravated child abuse by maliciously punishing a child. Chapter 84-238, Laws of Florida, which took effect on October 1, 1984, renumbered the statute so that aggravated battery by maliciously punishing a child is now section 827.03(1)(c). Appellant waived this technical defect in the charging document by failing to object to the incorrect statutory citation.
  7. Czapla v. State

    957 So. 2d 676 (Fla. Dist. Ct. App. 2007)   Cited 5 times
    § 827.03(1), Fla. Stat. (2004). The legislature has not exempted parents from prosecution under this statute. See Raford v. State, 828 So.2d 1012, 1019-1020 (Fla. 2002), and State v. McDonald, 785 So.2d 640, 647 (Fla. 2d DCA 2001).
    PAGE 678
  8. Garcia v. Attorney General of U.S.

    329 F.3d 1217 (11th Cir. 2003)   Cited 57 times
    The record indicates that Garcia is an alien who was convicted of the crime of aggravated child abuse, in violation of §§ 827.03( 1), (3) and 784.045(1) of the Florida Statutes. "Moral turpitude" has been defined by this Court as involving, "baseness, vileness, or depravity." Itani v. Ashcroft, 298 F.3d 1213, 1215 (11th Cir. 2002). Whether a crime is one of moral turpitude depends on the inherent nature of the offense, rather than a particular individual's conduct. Id. at 1215-16. Under Florida law, aggravated child abuse occurs when a person (a) commits an aggravated battery on a child; (b) willfully tortures a child; (c) maliciously punishes a child; or (d) willfully and unlawfully cages a child. Florida Stat. § 827.03( 1) (1990). Although this Court has not spoken squarely on this issue, the Ninth Circuit has held that child abuse constitutes a crime involving moral turpitude. See Guerrero de Nodahl v. INS, 407 F.2d 1405, 1406-07 (9th Cir. 1969) (inflicting cruel corporal punishment or injury upon a child is so offensive to American ethics as to end the debate of whether moral turpitude was involved in the crime of child beating). Based upon the inherent…
    PAGE 1222
  9. Wilson v. State

    744 So. 2d 1237 (Fla. Dist. Ct. App. 1999)   Cited 12 times
    In granting appellant's (c)(4) motion, the court reduced the charge to simple or felony child abuse under section 827.03(1)(b) and denied the (c)(4) motion as to this charge. Appellant pled no contest to this third degree felony under section 827.03(1) (emphasis added), which provides as follows:
    PAGE 1240
  10. State v. Christie

    939 So. 2d 1078 (Fla. Dist. Ct. App. 2005)   Cited 2 times
    Christie filed a motion to dismiss the complaint. She asserted that as a public school teacher, she was not a section 827.03(3) "caregiver" or "other person responsible for a child's welfare" if that section was read in pari, materia with section 39.01(47), Florida Statutes (2003). The State responded that the Chapter 39 definition of "other person responsible for a child's welfare" did not need to be super-imposed on section 827.03. Moreover, the state argued that Christie was a section 827.03 "caregiver" because, as a school teacher, she stood in loco parentis to the students during school hours and was therefore an "other person responsible for a child's welfare." § 827.01(1), Fla. Stat. (2003). The trial court granted Christie's motion to dismiss. The State appealed.
    PAGE 1079