Florida Statutes

Fla. Stat. § 827.01 (2025)

Definitions.

✓ 2025 Florida Statutes — current through the 2025 Regular Session
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827.01 Definitions.As used in this chapter:
(1) “Caregiver” means a parent, adult household member, or other person responsible for a child’s welfare.
(2) “Child” means any person under the age of 18 years.
(3) “Placement” means the giving or transferring of possession or custody of a child by any person to another person for adoption or with the intent or purpose of surrendering the control of the child.
History.s. 48, ch. 74-383; s. 1, ch. 77-174; s. 7, ch. 96-322.
Notes of Decisions
Cited in 29 cases (3 in the last 5 years), 1978–2024 · leading case: Kevin Spencer v. United States, 773 F.3d 1132 (11th Cir. 2014).
Kevin Spencer v. United States, 773 F.3d 1132 (11th Cir. 2014). · cites it 2× “03, Fla. Stat. § 827.01 (2) defines the term “child” to include anyone up to, though not including, the age of eighteen.”
Braddy v. State, 111 So. 3d 810 (Fla. 2012). · cites it 2× “” § 827.01(1), Fla. Stat. (1997). Braddy claims that he was not Quatisha’s caregiver and therefore cannot be guilty under the child neglect statute.”
Nicholson v. State, 600 So. 2d 1101 (Fla. 1992). · cites it 5× “Therefore, if the definition contained in section 827.01(3), Florida Statutes (1987), is to be given effect, it must be read into the phrase "willful torture" as used in section 827.”
State v. Harris, 537 So. 2d 1128 (Fla. 2d DCA 1989). · cites it 9× “03(1)(b) concerning aggravated child abuse through willful torture, nor was there any change to the definition of "torture" in section 827.01(3). Ch. 84-238, § 1, Laws of Fla.”
In Re: Stand. Jury Instructions in Crim. Cases-Report 2017-06., 236 So. 3d 282 (Fla. 2018). · cites it 4× “§ 827.01(1), Fla. Stat. "Caregiver" means a parent, adult household member, or other person responsible for a child's welfare.”
Wheeler v. State, 203 So. 3d 1007 (Fla. 4th DCA 2016). · cites it 2× “” § 827.01(2), Fla. Stat. (2014). The State’s Case at Trial The evidence at trial demonstrated that the 16-year-old victim went to a house party where teenagers were drinking alcoholic beverages.”
State v. Christie, 939 So. 2d 1078 (Fla. 3d DCA 2005). · cites it 9× “" § 827.01(1), Fla. Stat. (2003). The trial court granted Christie's motion to dismiss.”
Cox v. State, 1 So. 3d 1220 (Fla. 2d DCA 2009). · cites it 3× “Previous versions of section 827.01, Florida Statutes, defined torture for purposes of aggravated child abuse as “every act, omission, or neglect whereby unnecessary or unjustifiable pain or suffering is caused.”
DuFresne v. State, 826 So. 2d 272 (Fla. 2002). “For instance, as defined under section 827.01, "child abuse" includes intentional infliction of mental injury upon a child, as well as an intentional act that could reasonably be expected to result in mental injury to a child.”
Karwoski v. State, 867 So. 2d 486 (Fla. 4th DCA 2004). · cites it 2× “§ 827.01(2), Fla. Stat. (1996). As a result, the analysis that this court engaged in in Mazzella is inapplicable to this case *489 and we are unpersuaded by Karwoski's contention.”
Stand. Jury Instructions In Crim. Cases—Submission 2001-1, 824 So. 2d 881 (Fla. 2002). · cites it 2× “See § 827.01, Fla. Stat. (2001); ch. 96-322, § 7, at 1770, Laws of Fla.”
Kennedy v. State, 59 So. 3d 376 (Fla. 4th DCA 2011). · cites it 2× “2d DCA 2009) ("Previous versions of section 827.01, Florida Statutes, defined torture for purposes of aggravated child abuse as 'every act, omission, or neglect whereby unnecessary or unjustifiable pain or suffering is caused.”
— 827.01(1) — 7 cases
Braddy v. State, 111 So. 3d 810 (Fla. 2012). “” § 827.01(1), Fla. Stat. (1997). Braddy claims that he was not Quatisha’s caregiver and therefore cannot be guilty under the child neglect statute.”
State v. Christie, 939 So. 2d 1078 (Fla. 3d DCA 2005). “" § 827.01(1), Fla. Stat. (2003). The trial court granted Christie's motion to dismiss.”
In Re: Stand. Jury Instructions in Crim. Cases-Report 2017-06., 236 So. 3d 282 (Fla. 2018). “§ 827.01(1), Fla. Stat. "Caregiver" means a parent, adult household member, or other person responsible for a child's welfare.”
State v. Nowlin, 50 So. 3d 79 (Fla. 1st DCA 2010).
— 827.01(2) — 7 cases
Wheeler v. State, 203 So. 3d 1007 (Fla. 4th DCA 2016). “” § 827.01(2), Fla. Stat. (2014). The State’s Case at Trial The evidence at trial demonstrated that the 16-year-old victim went to a house party where teenagers were drinking alcoholic beverages.”
Karwoski v. State, 867 So. 2d 486 (Fla. 4th DCA 2004). “§ 827.01(2), Fla. Stat. (1996). As a result, the analysis that this court engaged in in Mazzella is inapplicable to this case *489 and we are unpersuaded by Karwoski's contention.”
In Re: Stand. Jury Instructions in Crim. Cases-Report 2017-06., 236 So. 3d 282 (Fla. 2018). “§ 827.01(1), Fla. Stat. "Caregiver" means a parent, adult household member, or other person responsible for a child's welfare.”
State v. Nowlin, 50 So. 3d 79 (Fla. 1st DCA 2010).
— 827.01(3) — 5 cases
Nicholson v. State, 600 So. 2d 1101 (Fla. 1992). “Therefore, if the definition contained in section 827.01(3), Florida Statutes (1987), is to be given effect, it must be read into the phrase "willful torture" as used in section 827.”
State v. Harris, 537 So. 2d 1128 (Fla. 2d DCA 1989). “03(1)(b) concerning aggravated child abuse through willful torture, nor was there any change to the definition of "torture" in section 827.01(3). Ch. 84-238, § 1, Laws of Fla.”
Faust v. State, 354 So. 2d 866 (Fla. 1978).
Kama v. State, 507 So. 2d 154 (Fla. 1st DCA 1987).
Zile v. State, 710 So. 2d 729 (Fla. 4th DCA 1998).
— 827.01(a) — 1 case
State v. Nowlin, 50 So. 3d 79 (Fla. 1st DCA 2010).
— 827.01(í2) — 1 case
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.

This Florida statute resource is curated by this site's author, a Jacksonville, Florida criminal defense attorney (Florida Bar No. 39104). Attorney Syfert regularly handles Chapter 827 matters in the context of child abuse defense and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.