Florida Statute 825.102 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 825
ABUSE, NEGLECT, AND EXPLOITATION OF ELDERLY PERSONS AND DISABLED ADULTS

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F.S. 825.102

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.

History.—s. 3, ch. 95-158; s. 2, ch. 96-322; s. 1, ch. 2008-160; s. 6, ch. 2021-221.

F.S. 825.102 on Google Scholar

F.S. 825.102 on CourtListener

Amendments to 825.102

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 825.102

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

S825.102 1 - CRIMES AGAINST PERSON - ABUSE ELDERLY OR DISABLED ADULT WO GREAT HARM - F: T

S825.102 2 - CRIMES AGAINST PERSON - AGGRAVATED ABUSE ELDERLY OR DISABLED ADULT - F: F

S825.102 3b - CRIMES AGAINST PERSON - NEGLECT ELDERLY OR DISABLED ADULT W GREAT HARM - F: S

S825.102 3c - CRIMES AGAINST PERSON - NEGLECT ELDERLY DISABLED ADULT WO GREAT HARM - F: T

Cases Citing Statute 825.102

Total Results: 25

Sieniarecki v. State

756 So. 2d 68, 2000 WL 488455

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

Cited 52 times | Published

review a challenge to the constitutionality of section 825.102(3), Florida Statutes (1997), which, in pertinent

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

other person responsible for a child's welfare. § 825.102(3)(a) or § 827.03(3)(a), Fla. Stat. Give 1 or

In Re Amend. to Standard Jury Inst.

41 So. 3d 853

Supreme Court of Florida | Filed: Apr 8, 2010 | Docket: 1239106

Cited 11 times | Published

other person responsible for a child's welfare. § 825.102(3)(a) or § 827.03(3)(a), Fla. Stat. Give 1 or

In Re Jury Inst. in Crim. Cases-No. 2006-1

946 So. 2d 1061, 2006 WL 3741064

Supreme Court of Florida | Filed: Dec 21, 2006 | Docket: 1771263

Cited 11 times | Published

other person responsible for a child s welfare. § 825.102(3)(a) or § 827.03(3)(a), Fla. Stat. Give 1 or

First Healthcare Corp. v. Hamilton

740 So. 2d 1189, 1999 WL 436802

District Court of Appeal of Florida | Filed: Aug 18, 1999 | Docket: 1456563

Cited 11 times | Published

disabled adult, a felony of the first degree. Section 825.102 criminalizes abuse, aggravated abuse, and neglect

In Re: Standard Jury Instructions in Criminal Cases-Report 2017-06.

236 So. 3d 282

Supreme Court of Florida | Filed: Feb 8, 2018 | Docket: 6299402

Cited 4 times | Published

person responsible for a child's welfare. § 825.102(3)(a) or § 827.03(3)(e), Fla. Stat. "Neglect

Jean Bernard Gelin v. U.S. Attorney General

837 F.3d 1236, 2016 U.S. App. LEXIS 17296, 2016 WL 5219863

Court of Appeals for the Eleventh Circuit | Filed: Sep 22, 2016 | Docket: 4424360

Cited 4 times | Published

person or disabled adult under Florida Statute § 825.102(1). After review and oral argument, we conclude

State v. Massingill

77 So. 3d 677, 2011 Fla. App. LEXIS 17363, 2011 WL 5170003

District Court of Appeal of Florida | Filed: Nov 2, 2011 | Docket: 435074

Cited 4 times | Published

of Ms. Torres’ uncle,3 Louis Makrez, under section 825.102(2), Florida Statutes (2007). The elderly victim

In re Amendments to Standard Jury Instructions in Criminal Cases—Instruction 7.7

75 So. 3d 210, 2011 WL 4835655

Supreme Court of Florida | Filed: Oct 13, 2011 | Docket: 60303663

Cited 4 times | Published

other person responsible for a child’s welfare. § 825.102(3)(a) or § 827.03(3)(a), Fla. Stat. Give 1 or

Jennings v. State

920 So. 2d 32, 2005 WL 3077254

District Court of Appeal of Florida | Filed: Nov 18, 2005 | Docket: 1440747

Cited 4 times | Published

was convicted of neglect of a disabled person. § 825.102(3). She challenged the constitutionality of the

In re Amendments To Standard Jury Instructions in Criminal Cases—Instruction 7.7.

41 So. 3d 853, 35 Fla. L. Weekly Supp. 209, 2010 Fla. LEXIS 476, 2010 WL 1372703

Supreme Court of Florida | Filed: Apr 8, 2010 | Docket: 60295243

Cited 3 times | Published

other person responsible for a child’s welfare. § 825.102(3)(a) or § 827.03(3)(a), Fla. Stat. Give 1 or

Sieniarecki v. State

724 So. 2d 626, 1998 WL 903897

District Court of Appeal of Florida | Filed: Dec 30, 1998 | Docket: 1410068

Cited 3 times | Published

Beach, for appellee. PER CURIAM. Pursuant to section 825.102(3), Florida Statutes (1997), appellant was

In re Standard Jury Instructions in Criminal Cases-Rreport No. 2012-08

131 So. 3d 692, 2013 WL 6124277

Supreme Court of Florida | Filed: Nov 21, 2013 | Docket: 60238156

Cited 2 times | Published

Legislature did not define “maliciously” in section 825.102, Florida Statutes (2012) (Abuse, aggravated

Jones v. State

912 So. 2d 686, 2005 WL 2736542

District Court of Appeal of Florida | Filed: Oct 25, 2005 | Docket: 1755525

Cited 2 times | Published

reversal of his conviction for a violation of section 825.102(3)(c), Florida Statutes (2002), for willfully

Simone Maxwell, a/k/a Symone Maxwell v. State of Florida

185 So. 3d 702, 2016 Fla. App. LEXIS 2289, 2016 WL 625661

District Court of Appeal of Florida | Filed: Feb 17, 2016 | Docket: 3036648

Cited 1 times | Published

charged with elderly abuse/neglect '• under section 825.102(3)(a)(l), Florida Statutes (2008). Following-a

Maxwell v. State

110 So. 3d 958, 2013 WL 1136416, 2013 Fla. App. LEXIS 4418

District Court of Appeal of Florida | Filed: Mar 20, 2013 | Docket: 60230529

Cited 1 times | Published

well-being of the elderly person or disabled adult.... § 825.102(3)(a)(l), Fla. Stat. (2008). Appellant was found

Watson v. State

95 So. 3d 977, 2012 WL 3588053, 2012 Fla. App. LEXIS 13999

District Court of Appeal of Florida | Filed: Aug 22, 2012 | Docket: 60311357

Cited 1 times | Published

abuse of an elderly person, a violation of section 825.102(1), Florida Statutes (2010). Because the State

Estate of Brennan v. Church of Scientology Flag Service Organization, Inc.

832 F. Supp. 2d 1370, 2011 U.S. Dist. LEXIS 140188, 2011 WL 6048687

District Court, M.D. Florida | Filed: Dec 6, 2011 | Docket: 65977475

Cited 1 times | Published

defendants’ alleged liability, the plaintiff invokes Section 825.102, Florida Statutes, which is inapplicable for

Lawson v. State

51 So. 3d 1287, 2011 Fla. App. LEXIS 1069, 2011 WL 340594

District Court of Appeal of Florida | Filed: Feb 4, 2011 | Docket: 60297541

Cited 1 times | Published

abuse of an elderly person in violation of section 825.102(1), a third-degree felony. A jury found Mr

Bayer v. State

788 So. 2d 310, 2001 WL 497318

District Court of Appeal of Florida | Filed: May 11, 2001 | Docket: 1286764

Cited 1 times | Published

culpable negligence under s. 825.102(3)." Section 825.102(3)(a) requires a "caregiver" to commit the

Peterson v. State

765 So. 2d 861, 2000 WL 1161915

District Court of Appeal of Florida | Filed: Aug 18, 2000 | Docket: 428832

Cited 1 times | Published

negligence, under circumstances set forth in section 825.102(3), commits aggravated manslaughter. Neglect

Gulfstream Property & Casualty Insurance Co. v. Coley

225 So. 3d 906, 2017 WL 3160263, 2017 Fla. App. LEXIS 10651

District Court of Appeal of Florida | Filed: Jul 26, 2017 | Docket: 6126098

Published

Statutes (2016), and for negligence per se under section 825.102, Florida Statutes (2016). Coley filed an Amended

In Re: Standard Jury Instructions in Criminal Cases—report 2016-01

213 So. 3d 680

Supreme Court of Florida | Filed: Mar 9, 2017 | Docket: 4615973

Published

person responsible for a child’s welfare. § 825.102(3)(a) or § 827.03(3)(e). Fla. Stat. “Neglect

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES-REPORT NO. 2015-08

194 So. 3d 1007, 2016 WL 3654189

Supreme Court of Florida | Filed: Jul 7, 2016 | Docket: 4108659

Published

OF [AN ELDERLY PERSON] [A DISABLED ADULT] § 825.102(1), Fla. Stat. To prove the crime of Abuse

Prudential Property & Casualty Insurance v. Gerber

773 So. 2d 571, 2000 Fla. App. LEXIS 13846, 2000 WL 1595724

District Court of Appeal of Florida | Filed: Oct 27, 2000 | Docket: 64802418

Published

Statutes, in obtaining the release and violated section 825.102, Florida Statutes, by exploiting the elderly