Culpable Negligence
Statute
FLORIDA STATUTE 784.05 Culpable negligence.--
- Whoever, through culpable negligence, exposes another person to personal injury commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
- Whoever, through culpable negligence, inflicts actual personal injury on another commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
- Whoever violates subsection (1) by storing or leaving a loaded firearm within the reach or easy access of a minor commits, if the minor obtains the firearm and uses it to inflict injury or death upon himself or herself or any other person, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. However, this subsection does not apply :
- If the firearm was stored or left in a securely locked box or container or in a location which a reasonable
person would have believed to be secure, or was securely locked with a trigger lock;
- If the minor obtains the firearm as a result of an unlawful entry by any person;
- To injuries resulting from target or sport shooting accidents or hunting accidents; or
- To members of the Armed Forces, National Guard, or State Militia, or to police or other law enforcement
officers, with respect to firearm possession by a minor which occurs during or incidental to the performance
of their official duties.
When any minor child is accidentally shot by another family member, no arrest shall be made pursuant to this subsection prior to 7 days after the date of the shooting. With respect to any parent or guardian of any deceased minor, the investigating officers shall file all findings and evidence with the state attorney's office with respect to violations of this subsection. The state attorney shall evaluate such evidence and shall take such action as he or she deems appropriate under the circumstances and may file an information against the appropriate parties.
- As used in this act, the term "minor" means any person under the age of 16.
Jury Instruction
To prove the crime of Culpable Negligence, the State must prove the following two elements beyond a reasonable doubt :
- (Defendant)
Give 1a or 1b as applicable.
- [exposed (victim) to personal injury].
- [inflicted actual personal injury on (victim)].
- [He] [She] did so through culpable negligence.
Give if 1a alleged.
Actual injury is not required.
Definition
I will now define "culpable negligence" for you. 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. In order for negligence to be culpable, it must be gross and flagrant. Culpable negligence is a course of conduct showing reckless disregard for human life, or for the safety of persons exposed to its dangerous effects, or such an entire want of care as to raise a presumption of a conscious indifference to consequences, or which shows wantonness or recklessness, or a grossly careless disregard for the safety and welfare of the public, or shows such an indifference to the rights of others as is equivalent to an intentional violation of such rights.
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