Florida Statute 784.5 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 784
ASSAULT; BATTERY; CULPABLE NEGLIGENCE

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F.S. 784.05

784.05 Culpable negligence.—

(1) 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.

(2) 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.

(3) 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:

(a) 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;

(b) If the minor obtains the firearm as a result of an unlawful entry by any person;

(d) 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.

¹(4) As used in this act, the term “minor” means any person under the age of 16.

History.—s. 1, ch. 5212, 1903; GS 3229; RGS 5062; CGL 7164; s. 733, ch. 71-136; s. 21, ch. 74-383; s. 11, ch. 75-298; ss. 3, 7, ch. 89-534; s. 1199, ch. 97-102.

¹Note.—Also published at s. 790.174(3).

F.S. 784.05 on Google Scholar

F.S. 784.05 on CourtListener

Amendments to 784.05

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 784.05

Level: Degree
Misdemeanor/Felony: First/Second/Third

S784.05 1 - CRIMES AGAINST PERSON - CULPABLE NEGLIGENCE EXPOSURE TO HARM - M: S

S784.05 2 - CRIMES AGAINST PERSON - CULPABLE NEGLIGENCE INFLICT HARM - M: F

S784.05 3 - CRIMES AGAINST PERSON - STORE LEAVE LOAD FIREARM MINOR ACCES INJ DEATH - F: T

Cases Citing Statute 784.05

Total Results: 54

Eller v. Shova

630 So. 2d 537, 1993 WL 502594

Supreme Court of Florida | Filed: Dec 9, 1993 | Docket: 2518340

Cited 55 times | Published

first-degree misdemeanor or greater crime. Under section 784.05(2), Florida Statutes (1989), a first-degree

Sieniarecki v. State

756 So. 2d 68, 2000 WL 488455

Supreme Court of Florida | Filed: Apr 27, 2000 | Docket: 471339

Cited 52 times | Published

basis. As we recently concluded in upholding Section 784.05, Florida Statutes (1975), the culpable negligence

Vazquez v. Metropolitan Dade County

968 F.2d 1101, 1992 U.S. App. LEXIS 18553

Court of Appeals for the Eleventh Circuit | Filed: Aug 13, 1992 | Docket: 1156753

Cited 31 times | Published

Negligence, a second-degree misdemeanor, Fla.Stat.Ann. § 784.05, which has been defined by the Florida courts

In Re Standard Instruct. in Cr. Cases No. 2007-10

997 So. 2d 403, 2008 WL 5194454

Supreme Court of Florida | Filed: Dec 11, 2008 | Docket: 1720813

Cited 30 times | Published

constitutionality of the culpable negligence statute, section 784.05, Florida Statutes, stating that "reckless indifference

State v. Greene

348 So. 2d 3

Supreme Court of Florida | Filed: Jul 7, 1977 | Docket: 1760799

Cited 25 times | Published

1976, he had injured a person contrary to Section 784.05, Florida Statutes. Greene moved to dismiss

Ross v. Baker

632 So. 2d 224, 1994 WL 46965

District Court of Appeal of Florida | Filed: Feb 18, 1994 | Docket: 462443

Cited 22 times | Published

must rise to the level of culpable negligence. § 784.05(2), Fla. Stat. (1989); see generally Shova v.

Kama v. State

507 So. 2d 154, 12 Fla. L. Weekly 1195

District Court of Appeal of Florida | Filed: May 8, 1987 | Docket: 460009

Cited 22 times | Published

(section 784.045), and culpable negilgence (section 784.05). Chapter 828 was renumbered and amended to

Vause v. Bay Medical Center

687 So. 2d 258, 1996 WL 738386

District Court of Appeal of Florida | Filed: Dec 30, 1996 | Docket: 1718860

Cited 16 times | Published

negligence in a criminal context is condemned in section 784.05(2), Florida Statutes which provides that One

Jones v. State

449 So. 2d 313

District Court of Appeal of Florida | Filed: Mar 22, 1984 | Docket: 1325771

Cited 16 times | Published

NOTES [1] § 790.01(2), Fla. Stat. (1981). [2] § 784.05(2), Fla. Stat. (1981). [3] Sanderson v. State

State v. Joyce

361 So. 2d 406

Supreme Court of Florida | Filed: Jul 27, 1978 | Docket: 1685666

Cited 13 times | Published

basis.[3] As we recently concluded in upholding Section 784.05, Florida Statutes (1975), the culpable negligence

Kimbrough v. State

356 So. 2d 1294

District Court of Appeal of Florida | Filed: Mar 28, 1978 | Docket: 1478406

Cited 9 times | Published

Instruction 2.06 Criminal Cases, and Fla. Stat. § 784.05, the intentional shooting of a pistol at another

Taylor v. State

401 So. 2d 812

District Court of Appeal of Florida | Filed: Jul 1, 1981 | Docket: 1289846

Cited 8 times | Published

Because there is a crime of culpable negligence, section 784.05, Florida Statutes (1979), which can be defined

Dept. of Health & Rehab. Services v. S.

648 So. 2d 128, 20 Fla. L. Weekly Supp. 23, 1995 Fla. LEXIS 17, 1995 WL 8966

Supreme Court of Florida | Filed: Jan 12, 1995 | Docket: 1701943

Cited 7 times | Published

killing by act "imminently dangerous" to another); § 784.05, Fla. Stat. (1989) (proscribing "culpable negligence")

Murray v. State

328 So. 2d 501

District Court of Appeal of Florida | Filed: Mar 5, 1976 | Docket: 1334868

Cited 7 times | Published

the jury on culpable negligence under former Section 784.05, F.S., as a lesser included offense to manslaughter

AD v. State

740 So. 2d 565, 1999 WL 420288

District Court of Appeal of Florida | Filed: Jun 25, 1999 | Docket: 1746357

Cited 6 times | Published

personal injury, a first degree misdemeanor under § 784.05(2), after throwing a full can of soda through

Kennedy v. Moree

650 So. 2d 1102, 1995 WL 71098

District Court of Appeal of Florida | Filed: Feb 23, 1995 | Docket: 1703299

Cited 6 times | Published

a first-degree misdemeanor or higher crime. Section 784.05, Florida Statutes (1993), pertains to negligent

Shova v. Eller

606 So. 2d 400, 1992 WL 213124

District Court of Appeal of Florida | Filed: Sep 4, 1992 | Docket: 132066

Cited 6 times | Published

See § 775.082(4)(a), (b), Fla. Stat. (1989). Section 784.05(2) provides that a person commits a first degree

State v. Spence

658 So. 2d 660, 1995 Fla. App. LEXIS 8261, 1995 WL 453987

District Court of Appeal of Florida | Filed: Aug 2, 1995 | Docket: 439394

Cited 5 times | Published

charged with aggravated battery in violation of section 784.05, Florida Statutes (1993). Thereafter, he waived

Smith v. State

330 So. 2d 526

District Court of Appeal of Florida | Filed: Apr 15, 1976 | Docket: 563942

Cited 5 times | Published

on culpable negligence under former Fla. Stat. § 784.05 (1973), as the lesser included offense to manslaughter

Kish v. State

145 So. 3d 225, 2014 Fla. App. LEXIS 13388, 2014 WL 4242757

District Court of Appeal of Florida | Filed: Aug 28, 2014 | Docket: 60242683

Cited 4 times | Published

on three counts of culpable negligence under section 784.05(1), Florida Statutes, for allowing her children

Mitchell v. State

491 So. 2d 596

District Court of Appeal of Florida | Filed: Jul 17, 1986 | Docket: 1383922

Cited 4 times | Published

lesser offense of culpable negligence under Section 784.05. Appellant raises several points on appeal

JCM v. State

375 So. 2d 873

District Court of Appeal of Florida | Filed: Oct 12, 1979 | Docket: 6220

Cited 4 times | Published

actual personal injury through culpable negligence. § 784.05(1). Our supreme court has defined culpable negligence

Carrin v. State

875 So. 2d 719, 2004 WL 1237113

District Court of Appeal of Florida | Filed: Jun 7, 2004 | Docket: 1283930

Cited 3 times | Published

appellant did so through culpable negligence. See § 784.05, Fla. Stat. (2001). *721 Culpable negligence

Hughes v. Eleventh Judicial Circuit of Florida

274 F. Supp. 2d 1334, 2003 U.S. Dist. LEXIS 13585, 2003 WL 21800064

District Court, S.D. Florida | Filed: Aug 5, 2003 | Docket: 2361052

Cited 3 times | Published

count of culpable negligence under Fla. Stat. § 784.05(1), which provides: (1) Whoever, through culpable

Azima v. State

480 So. 2d 184, 11 Fla. L. Weekly 40

District Court of Appeal of Florida | Filed: Dec 18, 1985 | Docket: 1220104

Cited 3 times | Published

the misdemeanor of culpable negligence under section 784.05(1), Florida Statutes (1979): Whoever, through

State v. Simone

431 So. 2d 718

District Court of Appeal of Florida | Filed: May 24, 1983 | Docket: 1512020

Cited 3 times | Published

death of the victim. The plain language of section 784.05 refers to exposing another person to personal

Rubinger v. State

98 So. 3d 659, 2012 WL 4448881, 2012 Fla. App. LEXIS 16163

District Court of Appeal of Florida | Filed: Sep 27, 2012 | Docket: 60312507

Cited 2 times | Published

lesser-included offense of vehicular homicide. § 784.05, Fla. Stat. (2006). The court gave the instruction

State v. Delgrasso

653 So. 2d 459, 1995 WL 150349

District Court of Appeal of Florida | Filed: Apr 7, 1995 | Docket: 1530026

Cited 2 times | Published

through culpable negligence in violation of section 784.05, Florida Statutes (1991). The trial judge granted

Spurlock v. Cycmanick

584 So. 2d 1015, 1991 WL 105619

District Court of Appeal of Florida | Filed: Jun 20, 1991 | Docket: 466866

Cited 2 times | Published

Florida Statutes and culpable negligence under section 784.05, Florida Statutes) and thereafter an information

Heston v. State

484 So. 2d 84, 11 Fla. L. Weekly 606

District Court of Appeal of Florida | Filed: Mar 5, 1986 | Docket: 1344520

Cited 2 times | Published

convicted of culpable negligence pursuant to section 784.05(2), Florida Statutes (1983). The jury was entitled

Ristau v. State

201 So. 3d 1254, 2016 Fla. App. LEXIS 15870

District Court of Appeal of Florida | Filed: Oct 26, 2016 | Docket: 4482733

Cited 1 times | Published

harm, § 827.03(2)(d), and culpable negligence, § 784,05(1), Florida Statutes (2014).

Freeman v. State

969 So. 2d 473, 2007 WL 3390896

District Court of Appeal of Florida | Filed: Nov 16, 2007 | Docket: 2533996

Cited 1 times | Published

In fact, it was a first degree misdemeanor. Section 784.05(2), Florida Statutes (2003) states, in pertinent

Vazquez v. Metropolitan Dade County

968 F.2d 1101, 1992 WL 176629

Court of Appeals for the Eleventh Circuit | Filed: Aug 13, 1992 | Docket: 66275164

Cited 1 times | Published

Negligence, a second-degree misdemeanor, Fla.Stat.Ann. § 784.05, which has been defined by the Florida courts

A.C., a Juvenile v. the State of Florida

District Court of Appeal of Florida | Filed: Apr 9, 2025 | Docket: 69864386

Published

count of misdemeanor culpable negligence under section 784.05(1), Florida Statutes. The charge stemmed from

STEVEN TROY GIBSON v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Feb 2, 2024 | Docket: 63401312

Published

exposed the children to injury in violation of section 784.05(1), Florida Statutes (a second-degree

JONATHAN MATTHEW ALEDDA v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Feb 16, 2022 | Docket: 63008226

Published

dissecting the culpable negligence charge at issue. Section 784.05(2) of the Florida Statutes (2016) provides

J.S.G. v. State

927 So. 2d 187, 2006 Fla. App. LEXIS 6146, 2006 WL 1113539

District Court of Appeal of Florida | Filed: Apr 28, 2006 | Docket: 64844221

Published

in serious personal injury in violation of section 784.05(2), Florida Statutes (2003), and with failing

Standard Jury Instructions In Criminal Cases—Submission 2001-1

824 So. 2d 881, 27 Fla. L. Weekly Supp. 451, 2002 Fla. LEXIS 880, 2002 WL 926073

Supreme Court of Florida | Filed: May 9, 2002 | Docket: 64817122

Published

One: None Category Two: Culpable Negligence, Fla. Stat. 784.05 Proposal 7: A New Instruction on the Use of

A.D. v. State

740 So. 2d 565, 1999 Fla. App. LEXIS 8521

District Court of Appeal of Florida | Filed: Jun 25, 1999 | Docket: 64790662

Published

personal injury, a first degree misdemeanor under § 784.05(2), after throwing a full can of soda through

Petitfrere v. State

698 So. 2d 393, 1997 Fla. App. LEXIS 9672, 1997 WL 530552

District Court of Appeal of Florida | Filed: Aug 27, 1997 | Docket: 64775478

Published

an instruction on culpable negligence under section 784.05(1), Florida Statutes (1995). We conclude that

State v. Goodrich

693 So. 2d 1093, 1997 Fla. App. LEXIS 5578, 1997 WL 264942

District Court of Appeal of Florida | Filed: May 21, 1997 | Docket: 64773785

Published

(1987), and an amended charge of simple battery, section 784.05, Florida Statutes (1987). We reverse. In 1994

Tyson v. State

646 So. 2d 816, 1994 Fla. App. LEXIS 11940, 1994 WL 681897

District Court of Appeal of Florida | Filed: Dec 8, 1994 | Docket: 64752761

Published

was charged with culpable negligence under section 784.05(3), Florida Statutes, for exposing a person

Nettles v. State

641 So. 2d 527, 1994 Fla. App. LEXIS 8533, 1994 WL 467113

District Court of Appeal of Florida | Filed: Aug 31, 1994 | Docket: 64750435

Published

distinct culpable negligence offenses under section 784.-05(1) and (2), Florida Statutes (1991). Under

State v. Smith

624 So. 2d 355, 1993 Fla. App. LEXIS 9414, 1993 WL 356914

District Court of Appeal of Florida | Filed: Sep 17, 1993 | Docket: 64742977

Published

than death, the offense is a misdemeanor. See § 784.05(2), Fla.Stat. (1991). The term “culpable negligence”

Fraser v. State

600 So. 2d 1306, 1992 Fla. App. LEXIS 6749, 1992 WL 143603

District Court of Appeal of Florida | Filed: Jun 26, 1992 | Docket: 64668563

Published

of culpable negligence, a misdemeanor under section 784.05(2), Florida Statutes, is not a necessarily

City of Opa Locka v. Hill

590 So. 2d 952, 1991 Fla. App. LEXIS 11288, 1991 WL 232187

District Court of Appeal of Florida | Filed: Nov 12, 1991 | Docket: 64663926

Published

contended that Hill’s conviction for violation of section 784.05, Florida Statutes (1987), constituted negligence

B.S. v. State

570 So. 2d 1158, 1990 Fla. App. LEXIS 9585, 1990 WL 208857

District Court of Appeal of Florida | Filed: Dec 20, 1990 | Docket: 64654875

Published

REVISED in part. COWART and GRIFFIN, JJ., concur. . § 784.05, Fla.Stat. (1987).

Richardson v. State

564 So. 2d 564, 1990 Fla. App. LEXIS 5114, 1990 WL 98485

District Court of Appeal of Florida | Filed: Jul 16, 1990 | Docket: 64651858

Published

constitutes a second degree misdemeanor under section 784.05(1), Florida Statutes, punishable by a maximum

T.J. v. State

534 So. 2d 811, 13 Fla. L. Weekly 2596, 1988 Fla. App. LEXIS 5185, 1988 WL 125605

District Court of Appeal of Florida | Filed: Nov 29, 1988 | Docket: 64638907

Published

with respect to the culpable negligence charge, § 784.05, Fla.Stat. (1987). It is established that this

State v. Johnson

479 So. 2d 279, 10 Fla. L. Weekly 2700, 1985 Fla. App. LEXIS 17178

District Court of Appeal of Florida | Filed: Dec 6, 1985 | Docket: 64615898

Published

Statutes, and culpable negligence in violation of section 784.05, Florida Statutes. Thereafter, on December

Thomas v. State

434 So. 2d 12, 1983 Fla. App. LEXIS 19729

District Court of Appeal of Florida | Filed: Jun 23, 1983 | Docket: 64598091

Published

misdemeanor offense of culpable negligence under Section 784.05, Florida Statutes (1981). We affirm the conviction

Interest of J. C. M. v. State

375 So. 2d 873, 1979 Fla. App. LEXIS 15603

District Court of Appeal of Florida | Filed: Oct 12, 1979 | Docket: 64572263

Published

personal injury through culpable negligence. § 784.-05(1). Our supreme court has defined culpable negligence

Tyson v. State

334 So. 2d 657, 1976 Fla. App. LEXIS 13810

District Court of Appeal of Florida | Filed: Jun 22, 1976 | Docket: 64554411

Published

negligence statute, at the relevant time, was § 784.05, Fla. Stat.,1 which read in part as follows: “784

Kelly v. State

281 So. 2d 594, 1973 Fla. App. LEXIS 7746

District Court of Appeal of Florida | Filed: Aug 29, 1973 | Docket: 64533922

Published

was convicted of culpable negligence (F.S. Section 784.05, F.S.A.), and shooting within an occupied dwelling