Florida Statutes
Fla. Stat. § 825.102 (2025)
Abuse, aggravated abuse, and neglect of an elderly person or disabled adult; penalties.
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825.102 Abuse, aggravated abuse, and neglect of an elderly person or disabled adult; penalties.—
(1) “Abuse of an elderly person or disabled adult” means:
(a) Intentional infliction of physical or psychological injury upon an elderly person or disabled adult;
(b) An intentional act that could reasonably be expected to result in physical or psychological injury to an elderly person or disabled adult;
(c) Active encouragement of any person to commit an act that results or could reasonably be expected to result in physical or psychological injury to an elderly person or disabled adult; or
(d) Intentionally, and without lawful authority, isolating or restricting access of an elderly person or a disabled adult to family members for any length of time which could reasonably be expected to result in physical or psychological injury to the elderly person or disabled adult, or with the intent to promote, facilitate, conceal, or disguise some form of criminal activity involving the person or property of the elderly person or disabled adult. It is a defense to a violation of this paragraph that the defendant had reasonable cause to believe that his or her action was necessary to protect the elderly person or disabled adult from danger to his or her welfare.
A person who knowingly or willfully abuses an elderly person or disabled adult without causing great bodily harm, permanent disability, or permanent disfigurement to the elderly person or disabled adult commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(2) “Aggravated abuse of an elderly person or disabled adult” occurs when a person:
(a) Commits aggravated battery on an elderly person or disabled adult;
(b) Willfully tortures, maliciously punishes, or willfully and unlawfully cages, an elderly person or disabled adult; or
(c) Knowingly or willfully abuses an elderly person or disabled adult and in so doing causes great bodily harm, permanent disability, or permanent disfigurement to the elderly person or disabled adult.
A person who commits aggravated abuse of an elderly person or disabled adult commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3)(a) “Neglect of an elderly person or disabled adult” means:
1. A caregiver’s failure or omission to provide an elderly person or disabled adult with the care, supervision, and services necessary to maintain the elderly person’s or disabled adult’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 elderly person or disabled adult; or
2. A caregiver’s failure to make a reasonable effort to protect an elderly person or disabled adult from abuse, neglect, or exploitation by another person.
Neglect of an elderly person or disabled adult 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 psychological injury, or a substantial risk of death, to an elderly person or disabled adult.
(b) A person who willfully or by culpable negligence neglects an elderly person or disabled adult and in so doing causes great bodily harm, permanent disability, or permanent disfigurement to the elderly person or disabled adult commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(c) A person who willfully or by culpable negligence neglects an elderly person or disabled adult without causing great bodily harm, permanent disability, or permanent disfigurement to the elderly person or disabled adult commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Notes of Decisions
Cited in 29
cases (3 in the last 5 years), 1998–2026 · leading case: Jean Bernard Gelin v. U.S. Attorney General
Jean Bernard Gelin v. U.S. Attorney Gen., 837 F.3d 1236 (11th Cir. 2016). “] Fla. Stat. § 825.102 (1). The elements of § 825.”
In re Stand. Jury Instructions in Crim. Cases-Rreport No. 2012-08, 131 So. 3d 692 (Fla. 2013). “In modifying the Committee’s proposal, the Court is mindful that while the Florida Legislature did not define “maliciously” in section 825.102, Florida Statutes (2012) (Abuse, aggravated abuse, and neglect of an elderly person or disabled adult; penalties), as it did in section…”
United States v. Davis, 139 S. Ct. 2319 (2019). “, Fla. Stat. § 825.102 (3)(a) (2018) ("substantial risk of death"), § 827.”
Sieniarecki v. State, 756 So. 2d 68 (Fla. 2000). “We have for review a challenge to the constitutionality of section 825.102(3), Florida Statutes (1997), which, in pertinent part, penalizes "[a] caregiver's [culpably negligent] failure or omission to provide [a] .”
Maxwell v. State, 110 So. 3d 958 (Fla. 4th DCA 2013). “A holistic reading of section 825.102 therefore suggests that subsection (1) covers affirmative acts, and subsection (3) covers “failures” and “omissions,” thereby ensuring *961 that both “acts” and “omissions” that could reasonably be expected to harm an elderly or disabled…”
First Healthcare Corp. v. Hamilton, 740 So. 2d 1189 (Fla. Dist. Ct. App. 1999). “Section 825.102 criminalizes abuse, aggravated abuse, and neglect of an elderly person or disabled adult.”
State v. Massingill, 77 So. 3d 677 (Fla. 3d DCA 2011). “Torres' uncle, [3] Louis Makrez, under section 825.102(2), Florida Statutes (2007).”
In Re Stand. Jury Instructions in Crim. Cases-report No. 2015-08, 194 So. 3d 1007 (Fla. 2016). “20 ABUSE OF [AN ELDERLY PERSON] [A DISABLED ADULT] § 825.102(1), Fla. Stat. To prove the crime of Abuse of [An Elderly Person] [A Disabled Adult], the State must prove the following two elements beyond a reasonable doubt: 1.”
Watson v. State, 95 So. 3d 977 (Fla. 2d DCA 2012). “4 The purpose of section 825.102 is to provide additional protection for individuals sixty years of age or older when the infirmities of aging result in a dysfunction that impairs their ability to provide adequately for their own care and protection.”
In Re Stand. Instruct. in Cr. Cases No. 2007-10, 997 So. 2d 403 (Fla. 2008). “§ 825.102(3)(a) or § 827.03(3)(a), Fla. Stat.”
Peterson v. State, 765 So. 2d 861 (Fla. 5th DCA 2000). “Section 825.102(3), Florida Statutes, provides: (3)(a) "Neglect of an elderly person or disabled adult" means: 1.”
Jones v. State, 912 So. 2d 686 (Fla. 1st DCA 2005). “In this direct criminal appeal, Appellant seeks reversal of his conviction for a violation of section 825.102(3)(c), Florida Statutes (2002), for willfully or by culpable negligence neglecting a disabled person without causing great bodily harm, permanent disfigurement, or…”
— 825.102(1) — 5 cases
In re Stand. Jury Instructions in Crim. Cases-Rreport No. 2012-08, 131 So. 3d 692 (Fla. 2013). “In modifying the Committee’s proposal, the Court is mindful that while the Florida Legislature did not define “maliciously” in section 825.102, Florida Statutes (2012) (Abuse, aggravated abuse, and neglect of an elderly person or disabled adult; penalties), as it did in section…”
Watson v. State, 95 So. 3d 977 (Fla. 2d DCA 2012). “4 The purpose of section 825.102 is to provide additional protection for individuals sixty years of age or older when the infirmities of aging result in a dysfunction that impairs their ability to provide adequately for their own care and protection.”
Lawson v. State, 51 So. 3d 1287 (Fla. 2d DCA 2011).
In Re Stand. Jury Instructions in Crim. Cases-report No. 2015-08, 194 So. 3d 1007 (Fla. 2016). “20 ABUSE OF [AN ELDERLY PERSON] [A DISABLED ADULT] § 825.102(1), Fla. Stat. To prove the crime of Abuse of [An Elderly Person] [A Disabled Adult], the State must prove the following two elements beyond a reasonable doubt: 1.”
Maxwell v. State, 110 So. 3d 958 (Fla. 4th DCA 2013). “A holistic reading of section 825.102 therefore suggests that subsection (1) covers affirmative acts, and subsection (3) covers “failures” and “omissions,” thereby ensuring *961 that both “acts” and “omissions” that could reasonably be expected to harm an elderly or disabled…”
— 825.102(2) — 3 cases
State v. Massingill, 77 So. 3d 677 (Fla. 3d DCA 2011). “Torres' uncle, [3] Louis Makrez, under section 825.102(2), Florida Statutes (2007).”
In re Stand. Jury Instructions in Crim. Cases-Rreport No. 2012-08, 131 So. 3d 692 (Fla. 2013). “In modifying the Committee’s proposal, the Court is mindful that while the Florida Legislature did not define “maliciously” in section 825.102, Florida Statutes (2012) (Abuse, aggravated abuse, and neglect of an elderly person or disabled adult; penalties), as it did in section…”
In Re Stand. Jury Instructions in Crim. Cases-report No. 2015-08, 194 So. 3d 1007 (Fla. 2016). “20 ABUSE OF [AN ELDERLY PERSON] [A DISABLED ADULT] § 825.102(1), Fla. Stat. To prove the crime of Abuse of [An Elderly Person] [A Disabled Adult], the State must prove the following two elements beyond a reasonable doubt: 1.”
— 825.102(2)(a) — 1 case
In re Stand. Jury Instructions in Crim. Cases-Rreport No. 2012-08, 131 So. 3d 692 (Fla. 2013). “In modifying the Committee’s proposal, the Court is mindful that while the Florida Legislature did not define “maliciously” in section 825.102, Florida Statutes (2012) (Abuse, aggravated abuse, and neglect of an elderly person or disabled adult; penalties), as it did in section…”
— 825.102(3) — 9 cases
Sieniarecki v. State, 756 So. 2d 68 (Fla. 2000). “We have for review a challenge to the constitutionality of section 825.102(3), Florida Statutes (1997), which, in pertinent part, penalizes "[a] caregiver's [culpably negligent] failure or omission to provide [a] .”
In re Stand. Jury Instructions in Crim. Cases-Rreport No. 2012-08, 131 So. 3d 692 (Fla. 2013). “In modifying the Committee’s proposal, the Court is mindful that while the Florida Legislature did not define “maliciously” in section 825.102, Florida Statutes (2012) (Abuse, aggravated abuse, and neglect of an elderly person or disabled adult; penalties), as it did in section…”
Peterson v. State, 765 So. 2d 861 (Fla. 5th DCA 2000). “Section 825.102(3), Florida Statutes, provides: (3)(a) "Neglect of an elderly person or disabled adult" means: 1.”
Sieniarecki v. State, 724 So. 2d 626 (Fla. Dist. Ct. App. 1998).
In Re Stand. Jury Instructions in Crim. Cases-report No. 2015-08, 194 So. 3d 1007 (Fla. 2016). “20 ABUSE OF [AN ELDERLY PERSON] [A DISABLED ADULT] § 825.102(1), Fla. Stat. To prove the crime of Abuse of [An Elderly Person] [A Disabled Adult], the State must prove the following two elements beyond a reasonable doubt: 1.”
— 825.102(3)(a) — 12 cases
In Re Stand. Instruct. in Cr. Cases No. 2007-10, 997 So. 2d 403 (Fla. 2008). “§ 825.102(3)(a) or § 827.03(3)(a), Fla. Stat.”
Maxwell v. State, 110 So. 3d 958 (Fla. 4th DCA 2013). “A holistic reading of section 825.102 therefore suggests that subsection (1) covers affirmative acts, and subsection (3) covers “failures” and “omissions,” thereby ensuring *961 that both “acts” and “omissions” that could reasonably be expected to harm an elderly or disabled…”
First Healthcare Corp. v. Hamilton, 740 So. 2d 1189 (Fla. Dist. Ct. App. 1999). “Section 825.102 criminalizes abuse, aggravated abuse, and neglect of an elderly person or disabled adult.”
In Re Jury Inst. in Crim. Cases-No. 2006-1, 946 So. 2d 1061 (Fla. 2006).
In re Amendments to Stand. Jury Instructions in Crim. Cases—Instruction 7.7, 75 So. 3d 210 (Fla. 2011).
— 825.102(3)(a)(l) — 2 cases
Maxwell v. State, 110 So. 3d 958 (Fla. 4th DCA 2013). “A holistic reading of section 825.102 therefore suggests that subsection (1) covers affirmative acts, and subsection (3) covers “failures” and “omissions,” thereby ensuring *961 that both “acts” and “omissions” that could reasonably be expected to harm an elderly or disabled…”
Simone Maxwell, a/k/a Symone Maxwell v. State of Florida, 185 So. 3d 702 (Fla. 4th DCA 2016).
— 825.102(3)(b) — 2 cases
In re Stand. Jury Instructions in Crim. Cases-Rreport No. 2012-08, 131 So. 3d 692 (Fla. 2013). “In modifying the Committee’s proposal, the Court is mindful that while the Florida Legislature did not define “maliciously” in section 825.102, Florida Statutes (2012) (Abuse, aggravated abuse, and neglect of an elderly person or disabled adult; penalties), as it did in section…”
First Healthcare Corp. v. Hamilton, 740 So. 2d 1189 (Fla. Dist. Ct. App. 1999). “Section 825.102 criminalizes abuse, aggravated abuse, and neglect of an elderly person or disabled adult.”
— 825.102(3)(c) — 1 case
Jones v. State, 912 So. 2d 686 (Fla. 1st DCA 2005). “In this direct criminal appeal, Appellant seeks reversal of his conviction for a violation of section 825.102(3)(c), Florida Statutes (2002), for willfully or by culpable negligence neglecting a disabled person without causing great bodily harm, permanent disfigurement, or…”
— 825.102(l)(a) — 1 case
Watson v. State, 95 So. 3d 977 (Fla. 2d DCA 2012). “4 The purpose of section 825.102 is to provide additional protection for individuals sixty years of age or older when the infirmities of aging result in a dysfunction that impairs their ability to provide adequately for their own care and protection.”
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