Florida Statute 827.01 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 827
ABUSE OF CHILDREN

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F.S. 827.01

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.

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Amendments to 827.01

Annotations, Discussions, Cases:

Cases Citing Statute 827.01

Total Results: 29

Kevin Spencer v. United States

773 F.3d 1132, 2014 WL 6234529

Court of Appeals for the Eleventh Circuit | Filed: Nov 14, 2014 | Docket: 2598060

Cited 54 times | Published

because, for purposes of Section 827.03, Fla. Stat. § 827.01(2) defines the term “child” to include anyone

DuFresne v. State

826 So. 2d 272, 2002 WL 2020158

Supreme Court of Florida | Filed: Sep 5, 2002 | Docket: 1197660

Cited 37 times | Published

chapter 827. For instance, as defined under section 827.01, "child abuse" includes intentional infliction

Braddy v. State

111 So. 3d 810, 37 Fla. L. Weekly Supp. 703, 2012 WL 5514368, 2012 Fla. LEXIS 2357

Supreme Court of Florida | Filed: Nov 15, 2012 | Docket: 60230891

Cited 30 times | Published

other person responsible for a child’s welfare.” § 827.01(1), Fla. Stat. (1997). Braddy claims that he was

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

Uses a deadly weapon. "Torture" is defined by section 827.01(3) as "every act, omission, or neglect whereby

Nicholson v. State

600 So. 2d 1101, 1992 WL 117281

Supreme Court of Florida | Filed: Jun 4, 1992 | Docket: 1527850

Cited 16 times | Published

Therefore, if the definition contained in section 827.01(3), Florida Statutes (1987), is to be given

State v. Cohen

696 So. 2d 435, 1997 WL 360971

District Court of Appeal of Florida | Filed: Jul 2, 1997 | Docket: 1696112

Cited 15 times | Published

not raise the constitutional argument that section 827.01 *440 lacked definiteness such that it failed

Karwoski v. State

867 So. 2d 486, 2004 WL 330877

District Court of Appeal of Florida | Filed: Feb 18, 2004 | Docket: 1386359

Cited 11 times | Published

person under 18 years" as the definition of child. § 827.01(2), Fla. Stat. (1996). As a result, the analysis

Faust v. State

354 So. 2d 866

Supreme Court of Florida | Filed: Jan 12, 1978 | Docket: 1279248

Cited 8 times | Published

employed in the present statute, is now defined by Section 827.01(3), Florida Statutes (1975), as follows: "`Torture'

Wheeler v. State

203 So. 3d 1007, 2016 Fla. App. LEXIS 16768

District Court of Appeal of Florida | Filed: Nov 9, 2016 | Docket: 60257354

Cited 5 times | Published

“child” as “any person under the age of 18 years.” § 827.01(2), Fla. Stat. (2014). The State’s Case at Trial

Kennedy v. State

59 So. 3d 376, 2011 Fla. App. LEXIS 6327, 2011 WL 1660937

District Court of Appeal of Florida | Filed: May 4, 2011 | Docket: 2364065

Cited 5 times | Published

1223 (Fla. 2d DCA 2009) ("Previous versions of section 827.01, Florida Statutes, defined torture for purposes

Cox v. State

1 So. 3d 1220, 2009 Fla. App. LEXIS 779, 2009 WL 277442

District Court of Appeal of Florida | Filed: Feb 6, 2009 | Docket: 1653391

Cited 5 times | Published

child by a parent."). Previous versions of section 827.01, Florida Statutes, defined torture for purposes

State v. Harris

537 So. 2d 1128, 1989 WL 7526

District Court of Appeal of Florida | Filed: Feb 3, 1989 | Docket: 1522612

Cited 5 times | Published

any change to the definition of "torture" in section 827.01(3). Ch. 84-238, § 1, Laws of Fla. Jakubczak

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

the normal activities of daily living. § 827.01(2), Fla. Stat. "Child" means any person

Nicholson v. State

579 So. 2d 816, 1991 WL 75561

District Court of Appeal of Florida | Filed: May 9, 1991 | Docket: 1431854

Cited 4 times | Published

s. 775.082, s. 775.083, or s. 775.084. [2] Section 827.01, Florida Statutes: (1) "Child" means any person

State v. Jenkins

910 So. 2d 934, 2005 WL 2291189

District Court of Appeal of Florida | Filed: Sep 21, 2005 | Docket: 1744613

Cited 3 times | Published

itself could not establish that Jenkins violated section 827.01 because she was not present at the time of

Zile v. State

710 So. 2d 729, 1998 WL 250710

District Court of Appeal of Florida | Filed: May 20, 1998 | Docket: 1444852

Cited 3 times | Published

(d) willfully and unlawfully cages a child. Section 827.01(3) defines "torture" as "every act, omission

Kevin Spencer v. United States

727 F.3d 1076, 2013 WL 4106367, 2013 U.S. App. LEXIS 16895

Court of Appeals for the Eleventh Circuit | Filed: Aug 15, 2013 | Docket: 2902811

Cited 2 times | Published

DuFresne court actually cited section 827.01, which defined only the terms "caregiver,”

State v. Nowlin

50 So. 3d 79, 2010 Fla. App. LEXIS 19006, 2010 WL 5072109

District Court of Appeal of Florida | Filed: Dec 14, 2010 | Docket: 60297358

Cited 1 times | Published

felony. The term “caregiver” is defined in section 827.01(a) as “a parent, adult household member, or

State v. Christie

939 So. 2d 1078, 2005 WL 2861101

District Court of Appeal of Florida | Filed: Nov 2, 2005 | Docket: 1657425

Cited 1 times | Published

school *1079 hours, as that term is defined in section 827.01(1). We conclude that a public school teacher

Amvest Capital Corp. v. Banco Exterior De Espana, S.A.

675 F. Supp. 640, 1987 U.S. Dist. LEXIS 11312, 1987 WL 21700

District Court, S.D. Florida | Filed: Dec 9, 1987 | Docket: 1209198

Cited 1 times | Published

rule fails." 3 Fletcher, Cyclopedia Corporations, § 827.1 at 158. (rev. ed. 1986). Amvest maintains that

STATE OF FLORIDA v. JASON LUIS DOMENECH

District Court of Appeal of Florida | Filed: May 8, 2024 | Docket: 68509970

Published

of the phrase "underage girls," see § 827.01(2) (" 'Child' means any person

STATE OF FLORIDA v. JASON LUIS DOMENECH

District Court of Appeal of Florida | Filed: Feb 9, 2024 | Docket: 68034266

Published

of the phrase "underage girls," see § 827.01(2) (" 'Child' means any person

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

care community. As applied to a Child. § 827.01(1). Fla. Stat “Caregiver” means a parent

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES-REPORT NO. 2015-06

195 So. 3d 356, 2016 WL 3450481

Supreme Court of Florida | Filed: Jun 23, 2016 | Docket: 3081761

Published

child in need of services].] Definition. § 827.01(í2),.Fla. Stat. “Child” means any person

Kevin Spencer v. United States

Court of Appeals for the Eleventh Circuit | Filed: Nov 14, 2014 | Docket: 2603310

Published

because, for purposes of Section 827.03, Fla. Stat. § 827.01(2) defines the term “child” to include anyone

Durand v. State

820 So. 2d 381, 2002 Fla. App. LEXIS 7208, 2002 WL 1040335

District Court of Appeal of Florida | Filed: May 24, 2002 | Docket: 64816216

Published

person responsible for a *382child’s welfare.” § 827.01(1), Fla. Stat. (1999). Given his position in the

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

chapter 827 relating to abuse of children. See § 827.01, Fla. Stat. (2001); ch. 96-322, § 7, at 1770,

Ago

Florida Attorney General Reports | Filed: Aug 2, 2001 | Docket: 3258445

Published

been emancipated by order of the court." 13 Section 827.01(2), Fla. Stat., defines a "[c]hild" for purposes

State v. Robinette

652 So. 2d 926, 1995 Fla. App. LEXIS 3255, 1995 WL 133354

District Court of Appeal of Florida | Filed: Mar 29, 1995 | Docket: 64755230

Published

means “any person under the age of 18 years.” § 827.01(1), Florida Statutes. Simple application of these