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Florida Statute 856.04 | Lawyer Caselaw & Research
F.S. 856.04 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 856.04

The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 856
DRUNKENNESS; OPEN HOUSE PARTIES; LOITERING; PROWLING; DESERTION
View Entire Chapter
F.S. 856.04
856.04 Desertion; withholding support; proviso.
(1) Any man who shall in this state desert his wife and children, or either of them, or his wife where there are no children or child, or who shall willfully withhold from them or either of them, the means of support, or any mother, who shall desert her child or children, or who shall willfully withhold from them the means of support, shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. However, no husband shall be prosecuted under this section for the desertion of his wife, or for withholding from his wife the means of supporting her where there is existing, at the time of such desertion or withholding, such cause or causes as are recognized as ground or grounds for dissolution of marriage, by statute, in this state, if such person shall have provided for the support of his children, if there be any.
(2) For the purposes of subsection (1), a child born out of wedlock shall be deemed to be the child of a man who has been adjudged or decreed to be the father of such child by a court of competent jurisdiction of this state or of any other jurisdiction.
History.s. 1, ch. 4553, 1897; GS 3569; s. 1, ch. 6483, 1913; RGS 5496; CGL 7654; s. 1, ch. 59-147; s. 1, ch. 61-335; s. 1, ch. 65-210; s. 1077, ch. 71-136; s. 9, ch. 75-166.

F.S. 856.04 on Google Scholar

F.S. 856.04 on Casetext

Amendments to 856.04


Arrestable Offenses / Crimes under Fla. Stat. 856.04
Level: Degree
Misdemeanor/Felony: First/Second/Third

S856.04 - WITHHOLD SUPPORT - DESERTION OF WIFE AND OR CHILDREN - F: T



Annotations, Discussions, Cases:

Cases from cite.case.law:

BARDOL v. MARTIN,, 763 So. 2d 1119 (Fla. Dist. Ct. App. 1999)

. . . Section 856.04(1) unambiguously states that: “Any man ... who shall willfully withhold from them ... . . . withhold from [her children] the means of support, shall be guilty of a felony of the third degree.... ” § 856.04 . . .

UNITED STATES v. W. SCHROEDER,, 894 F. Supp. 360 (D. Ariz. 1995)

. . . . § 856.04 (West 1994). . . . .

UNITED STATES v. A. MUSSARI,, 894 F. Supp. 1360 (D. Ariz. 1995)

. . . . § 856.04 (West 1994). . . . .

T. McGEE, v. MARTINEZ,, 555 So. 2d 914 (Fla. Dist. Ct. App. 1990)

. . . McGee appeals the trial court’s order dismissing his complaint for a declaration adjudicating Section 856.04 . . . McGee is therefore an entirely appropriate party to challenge the constitutionality of section 856.04 . . .

SHANDS TEACHING HOSPITAL AND CLINICS, INC. v. SMITH,, 480 So. 2d 1366 (Fla. Dist. Ct. App. 1985)

. . . We do not view section 856.04, Florida Statutes (1983) as an indication of legislative intent to retain . . .

BLACKBURN, v. STATE, 468 So. 2d 517 (Fla. Dist. Ct. App. 1985)

. . . On 1 June 1979, Blackburn was placed on probation for two years following his violation of Section 856.04 . . .

SUAREZ ORTEGA, v. PUJALS SUAREZ,, 465 So. 2d 607 (Fla. Dist. Ct. App. 1985)

. . . Darnell, 230 So.2d 151, 152 (Fla.1970); § 856.04, Fla.Stat. (1983). . . .

KENDRICK, v. EVERHEART a k a, 390 So. 2d 53 (Fla. 1980)

. . . acknowledged his paternity-would be able to avoid with impunity the criminal provisions of section 856.04 . . .

G. COOPER, v. STATE, 367 So. 2d 1020 (Fla. 1979)

. . . No substantial constitutional question has been raised as to the constitutionality of section 856.04, . . .

BYRNE, v. STATE, 365 So. 2d 812 (Fla. Dist. Ct. App. 1979)

. . . and sentence for willfully withholding the means of support from minor children, pursuant to Section 856.04 . . .

PIFER, v. E. PIFER,, 349 So. 2d 778 (Fla. Dist. Ct. App. 1977)

. . . from the minor children between September 15, 1975 until February 11, 1976 in violation of Section 856.04 . . . Section 856.04 provides in pertinent part: Any man who shall in this state desert his wife and children . . .

GAMMON, v. COBB,, 335 So. 2d 261 (Fla. 1976)

. . . In 1965 the Legislature amended Chapter 856, Florida Statutes, by adding sub-section 856.04(2), Florida . . . proper there, without regard to the restrictions on such procedure in Florida, pursuant to sub-section 856.04 . . .

McCLOUD, v. STATE, 237 So. 2d 818 (Fla. Dist. Ct. App. 1970)

. . . his plea of guilty to charges of withholding support from his minor children in violation of Section 856.04 . . . Section 856.04(1), Florida Statutes, F.S. . . . Since violation of Section 856.04(1), Florida Statutes, F.S.A., carries a maximum penalty of two years . . . best suited to the accomplishment of the obvious purpose of the criminal sanctions found in Section 856.04 . . .

STATE v. J. DARNELL,, 230 So. 2d 151 (Fla. 1970)

. . . Darnell, age 11 years and withhold from them the means of support in violation of Chapter 88 and Section 856.04 . . . Since § 856.04 F.S.A. is penal in nature, we are obliged to strictly construe its provisions * * *. . . . Moreover, § 856.04 F.S.A. was considered before in Dukes v. . . . Florida Statute § 856.04, F.S.A., provides in pertinent part as follows: “Any man who shall in this state . . . that a person who has abandoned his children in this State can be prosecuted under Florida Statute § 856.04 . . .

STATE v. J. DARNELL,, 217 So. 2d 127 (Fla. Dist. Ct. App. 1968)

. . . The statute which the defendant is charged with violating is 856.04 Fla.Stat., F.SA., and reads as follows . . . : “856.04 — Desertion; withholding support; proviso — Any man who shall in this state desert his wife . . . Since § 856.04 F.S.A. is penal in nature, we are obliged to strictly construe its provisions. . . . Moreover, § 856.04 F.S.A. was considered before in Dukes v. . . .

CARROLL, v. H. G. COCHRAN, Jr., 140 So. 2d 300 (Fla. 1962)

. . . Sec. 856.04, Fla.Statutes 1955, F.S.A. . . . custody of the respondent and be taken by him before the trial court for resentencing under F.S., Sec. 856.04 . . .

V. N. VANDIVER, v. VINCENT, a V. N., 139 So. 2d 704 (Fla. Dist. Ct. App. 1962)

. . . F.S. 856.04, F.S.A. . . .

C. STEPHENS, v. MAYO,, 76 So. 2d 656 (Fla. 1954)

. . . . § 856.04, F.S.A., charging in the first count that he did on the 1st day of September, 1953 unlawfully . . .

J. N. DEAL, v. MAYO,, 76 So. 2d 275 (Fla. 1954)

. . . . § 856.04, F.S.A., under which petitioner was convicted provides a maximum punishment or confinement . . .