The 2023 Florida Statutes (including Special Session C)
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. . . . § 825.102(3)(a) (2018) ("substantial risk of death"), § 827.03(1)(e) (same); W. Va. . . .
. . . The State charged Purcell with two counts of child abuse, pursuant to section 827.03(2)(c), Florida Statutes . . .
. . . 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 . . .
. . . 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 . . .
. . . 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 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 . . .
. . . defendant initially pleaded nolo contendere to the lesser charge of aggravated child abuse under section 827.03 . . .
. . . . § 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 . . .
. . . parent or parents have subjected the child or another child to aggravated child abuse as defined in s. 827.03 . . .
. . . See § 827.03(2)(a), Fla. Stat. (2015). AFFIRMED and REMANDED with instructions. B.L. . . .
. . . . § 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 . . .
. . . 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. . . .
. . . violation of section 787.01(3)(a), Florida Statutes (2013); aggravated child abuse, in violation of section 827.03 . . .
. . . See § 827.03(1)(b)(2), Fla. Stat. And having committed no act of child abuse, Ms. . . .
. . . 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 . . .
. . . See § 827.03(2)(d), Fla. Stat. (2014). The other charges were nolle prossed. . . .
. . . Stat. (2008), and aggravated child abuse, see § 827.03(2), Fla. Stat. (2008). . . .
. . . 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 . . .
. . . 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 . . .
. . . . § 825.102(3)(a) or § 827.03(3)(e). Fla. Stat. “Neglect of hi child”! Ian elderly person”! . . .
. . . Aggravated child abuse under s. 827.03. . . .
. . . Aggravated child abuse under ,s. 827.03. . . .
. . . 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. . . .
. . . 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) . . .
. . . 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 . . .
. . . 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). . . .
. . . -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. . . .
. . . causing great bodily harm, permanent disability, or permanent disfigurement, as prohibited by section 827.03 . . .
. . . 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 . . .
. . . See §§ 782.04(l)(a)(2)(h), 827.03(l)(a)(3), 2(a), Fla. Stat. (2013). . . .
. . . parent or parents have subjected the child or another child to aggravated child abuse as defined iris. 827.03 . . .
. . . 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 . . .
. . . The state charged appellant with aggravated child abuse under section 827.03(2), Fla. . . .
. . . 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 . . .
. . . . § 827.03(2)(c). . . .
. . . 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. . . .
. . . 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. . . .
. . . 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 . . .
. . . Any felony violation of s. 790.07, s. 800.04, s. 827.03, or s. 827.071; within 3 years after being released . . .
. . . 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. . . .
. . . 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.). . . .
. . . . § 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)). . . .
. . . 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 . . .
. . . 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)). . . .
. . . aggravated abuse, and neglect of an elderly person or disabled adult; penalties), as it did in section 827.03 . . .
. . . See § 827.03(l)(a)(3), Fla. Stat. (2006). . . .
. . . Any felony violation of s. 790.07, s. 800.04, s. 827.03, s. 827.071, or s. 847.0135(5); within 3 years . . .
. . . 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. . . .
. . . . § 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). . . .
. . . See § 827.03, Fla. Stat. (2011). . See § 837.055, Fla. Stat. (2011). . . .
. . . 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 . . .
. . . 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 . . .
. . . of section 800.04(5)(c)(2)., Florida Statutes; and one count of child abuse in violation of section 827.03 . . .
. . . 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. . . .
. . . bodily harm, permanent disability, or permanent disfigurement to said child, contrary to Florida Statute 827.03 . . .
. . . parent or parents have subjected the child or another child to aggravated child abuse as defined in s. 827.03 . . .
. . . . § 827.03(l)(a), Fla. Stat. (2008). . Under Frye v. . . .
. . . 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 . . .
. . . See § 827.03(2) Fla. Stat. (2002). . . .
. . . parent or parents have subjected the child or another child to aggravated child abuse as defined in s. 827.03 . . .
. . . ..2007 in Lee County, Florida, did unlawfully, by culpable negligence under Florida Statute section 827.03 . . .
. . . and charged with two counts of aggravated child abuse, first-degree felonies in violation of section 827.03 . . .
. . . 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 . . .
. . . 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 . . .
. . . . § 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 § . . .
. . . (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 . . .
. . . See § 827.03(2), Fla. Stat. (2002). . . .
. . . believes that his or her action was necessary to protect the minor from child abuse as defined in s. 827.03 . . .
. . . parent or parents have subjected the child or another child to aggravated child abuse as defined in s. 827.03 . . .
. . . 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 . . .
. . . parent or parents have subjected the child or another child to aggravated child abuse as defined in s.827.03 . . .
. . . . § 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 . . .
. . . Jessica McAcy appeals her convictions for aggravated child abuse, in violation of Florida State Statute § 827.03 . . .
. . . Any felony violation of s. 790.07, s. 800.04, s. 827.03, s. 827. 071, or s. 847.0135(5); within 3 years . . .
. . . 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 was charged by information with child abuse in violation of section 827.03(l)(b), Florida Statutes . . .
. . . 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. . . .
. . . . § 825.102(3)(a) or § 827.03(3)(a), Fla. Stat. Give 1 or 2 as applicable. . . .
. . . course of committing said offense, the defendant committed aggravated child abuse, as defined in s. 827.03 . . .
. . . use corporal discipline does not provide absolute immunity to charges of child abuse under section 827.03 . . .
. . . 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 . . .
. . . 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 . . .
. . . 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 . . .
. . . 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). . . .
. . . a child, Taylor Ballard, by choking her until she blacked out, contrary to Florida Statutes Section 827.03 . . .
. . . 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 . . .
. . . . § 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. . . .
. . . Francis was convicted under a Plea Agreement of one count of child abuse under Florida Statutes § 827.03 . . .
. . . Stat., child abuse, § 827.03(1), Fla. . . .
. . . 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 . . .
. . . it was a certain term below the maximum sentence of ten years for two counts of child abuse, see § 827.03 . . .
. . . 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). . . .
. . . He was also charged with child abuse in violation of section 827.03(1), Florida Statutes (2004), in relation . . .
. . . Aggravated child abuse, as defined in s. 827.03; 2. . . .
. . . 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 . . .
. . . . § 825.102(3)(a) or § 827.03(3)(a), Fla. Stat. Give 1 or 2 as applicable. . . .
. . . See § 827.03(3)(b) (2007). . . .
. . . 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 . . .