Child Abuse
Statute
FLORIDA STATUTE 827.03 Abuse, aggravated abuse, and neglect of a child; penalties.--
- "Child abuse" means:
- Intentional infliction of physical or mental injury upon a child;
- An intentional act that could reasonably be expected to result in physical or mental injury to a child; or
- 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.
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.
- "Aggravated child abuse" occurs when a person :
- Commits aggravated battery on a child;
- Willfully tortures, maliciously punishes, or willfully and unlawfully cages a child; or
- Knowingly or willfully abuses a child and in so doing causes great bodily harm, permanent disability, or
permanent disfigurement to the child.
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.
-
- "Neglect of a child" means:
- 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
- A caregiver's failure to make a reasonable effort to protect a child from abuse, neglect, or exploitation by
another person.
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.
- 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.
- 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.
- For purposes of this section, "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.
FLORIDA STATUTE 827.04 Contributing to the delinquency or dependency of a child; penalty.--
- Any person who:
- Commits any act which causes, tends to cause, encourages, or contributes to a child becoming a delinquent or
dependent child or a child in need of services; or
- Induces or endeavors to induce, by act, threat, command, or persuasion, a child to commit or perform any act,
follow any course of conduct, or live in a manner that causes or tends to cause such child to become or to
remain a dependent or delinquent child or a child in need of services,
commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
- It is not necessary for any court exercising juvenile jurisdiction to make an adjudication that any child is delinquent or dependent or a child in need of services in order to prosecute a violation of this section. An adjudication that a child is delinquent or dependent or a child in need of services shall not preclude a subsequent prosecution of a violation of this section.
- A person 21 years of age or older who impregnates a child under 16 years of age commits an act of child abuse which constitutes a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. A person who impregnates a child in violation of this subsection commits an offense under this subsection regardless of whether the person is found to have committed, or has been charged with or prosecuted for, any other offense committed during the course of the same criminal transaction or episode, including, but not limited to, an offense proscribed under s. 800.04, relating to lewd, lascivious, or indecent assault or act upon any person under 16 years of age. Neither the victim's lack of chastity nor the victim's consent is a defense to the crime proscribed under this subsection.
Jury Instruction
AGGRAVATED CHILD ABUSE
To prove the crime of Aggravated Child Abuse, the State must prove the following two elements beyond a reasonable doubt :
- (Defendant)
Give as applicable.
- committed aggravated battery upon (victim).
- willfully tortured (victim).
- maliciously punished (victim).
- willfully and unlawfully caged (victim).
- knowingly or willfully committed child abuse upon (victim) and in so doing caused great bodily harm, permanent disability, or permanent disfigurement.
- (Victim) was under the age of 18 years.
Definitions. Give as applicable.
In order to prove that an aggravated battery was committed, the State must prove the following :
- (Defendant) intentionally
Give as applicable.
- touched or struck (victim) against the will of (victim).
- caused bodily harm to (victim).
- In so doing, (defendant) intentionally or knowingly caused [great bodily harm] [permanent disability] [permanent disfigurement] or [used a deadly weapon].
A weapon is a "deadly weapon" if it is used or threatened to be used in a way likely to produce death or great bodily harm.
"Willfully" means knowingly, intentionally, and purposely.
"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.
Give in all cases if 1(e) is alleged.
"Child Abuse" means [the intentional infliction of physical or mental injury upon a child] [an intentional act that could reasonably be expected to result in physical or mental injury to a child] [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].
AGGRAVATED CHILD ABUSE (AGGRAVATED BATTERY)
To prove the crime of Aggravated Child Abuse by committing Aggravated Battery upon a child, the State must prove the following three elements beyond a reasonable doubt. The first element is a definition of battery.
- (Defendant) committed a battery against (victim) by intentionally [touching or striking (victim) against [his] [her] will] [causing bodily harm to (victim)].
- (Defendant) in committing the battery
Give 2a or 2b as applicable.
- [intentionally or knowingly caused victim
[great bodily harm]
[permanent disability]
[permanent disfigurement]].
- [used a deadly weapon].
(Victim) was under the age of 18 years.
Definition. Give if 2b alleged.
A weapon is a "Deadly weapon" if it is used or threatened to be used in a way likely to produce death or great bodily harm.
CHILD ABUSE
To prove the crime of Child Abuse, the State must prove the following two elements beyond a reasonable doubt :
-
(Defendant)
Give as applicable.
- intentionally inflicted physical or mental injury upon (victim).
- committed an intentional act that could reasonably be expected to result in physical or mental injury to (victim).
- actively encouraged another person to commit an act that resulted in or could reasonably have been expected to result in physical or mental injury to (victim).
- (Victim) was under the age of 18 years.
CONTRIBUTING TO CHILD DELINQUENCY OR DEPENDENCY
OR TO CHILD IN NEED OF SERVICES
To prove the crime of Contributing to a child's becoming a [delinquent child] [dependent child] [child in need of services], the State must prove the following element beyond a reasonable doubt :
-
[(Defendant) knowingly (read act alleged from charge), which
[caused]
[tended to cause or encourage]
[contributed to]
- (victim) [to become] [becoming] a [delinquent] [dependent] child [in need of services].]
- [(Defendant) by
[act]
[threat]
[command]
[persuasion]
- [induced] [endeavored to induce] (victim) to
[perform any act]
[follow any course of conduct]
[live]
- so as to cause or tend to cause (victim) to
[become a dependent child].]
[remain a dependent child].]
[become a delinquent child].]
[remain a delinquent child].]
[become a child in need of services].]
[remain a child in need of services].]
Definition. ยง 827.01(1), Fla.Stat.
"Child" means any person under the age of 18 years.
NEGLECT OF A CHILD
(Great Bodily Harm, Permanent Disability, or Permanent Disfigurement)
To prove the crime of Neglect of a Child with [great bodily harm] [permanent disability] [permanent disfigurement], the State must prove the following four elements beyond a reasonable doubt :
- (Defendant)
Give as applicable.
- [willfully] [by culpable negligence] failed or omitted to provide (victim) with the care, supervision, and services necessary to maintain (victim's) physical or mental health.
- failed to make a reasonable effort to protect (victim) from abuse, neglect, or exploitation by another person.
- In so doing, (defendant) caused [great bodily harm] [permanent disability] [permanent disfigurement] to (victim).
- (Defendant) was a caregiver for (victim).
- (Victim) was under the age of 18 years.
Neglect of a child may be based on repeated conduct or on a single incident or omission that resulted in, or reasonably could have been expected to result in, serious physical or mental injury, or a substantial risk of death, to a child.
Definition. Give in all cases.
"Caregiver" means a parent, adult household member, or other person responsible for a child's welfare.
Definition. Give if applicable.
I will now define what is meant by the term "culpable negligence": Each of us has a duty to act reasonably toward others. If there is a violation of that duty, without any conscious intention to harm, that violation is negligence. But culpable negligence is more than a failure to use ordinary care for others. For negligence to be called culpable negligence, it must be gross and flagrant. The negligence must be committed with an utter disregard for the safety of others. Culpable negligence is consciously doing an act or following a course of conduct that the defendant must have known, or reasonably should have known, was likely to cause death or great bodily harm.
NEGLECT OF A CHILD
(Without Great Bodily Harm, Permanent Disability, or Permanent Disfigurement)
To prove the crime of Neglect of a Child, the State must prove the following three elements beyond a reasonable doubt :
- (Defendant)
Give as applicable.
- [willfully] [by culpable negligence] failed or omitted to provide (victim) with the care, supervision, and services necessary to maintain (victim's) physical or mental health.
- failed to make a reasonable effort to protect (victim) from abuse, neglect, or exploitation by another person.
- (Defendant) was a caregiver for (victim).
- (Victim) was under the age of 18 years.
Neglect of a child may be based on repeated conduct or on a single incident or omission that resulted in, or reasonably could have been expected to result in, serious physical or mental injury, or a substantial risk of death, to a child.
Definition. Give in all cases.
"Caregiver" means a parent, adult household member, or other person responsible for a child's welfare.
Definition. Give if applicable.
I will now define what is meant by the term "culpable negligence": Each of us has a duty to act reasonably toward others. If there is a violation of that duty, without any conscious intention to harm, that violation is negligence. But culpable negligence is more than a failure to use ordinary care for others. For negligence to be called culpable negligence, it must be gross and flagrant. The negligence must be committed with an utter disregard for the safety of others. Culpable negligence is consciously doing an act or following a course of conduct that the defendant must have known, or reasonably should have known, was likely to cause death or great bodily harm.
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