827.03
Abuse, aggravated abuse, and neglect of a child; penalties.
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827.03 Abuse, aggravated abuse, and neglect of a child; penalties.—
(1) DEFINITIONS.—As used in this section, the term:
(a) “Aggravated child abuse” occurs when a person:
1. Commits aggravated battery on a child;
2. Willfully tortures, maliciously punishes, or willfully and unlawfully cages a child; or
3. Knowingly or willfully abuses a child and in so doing causes great bodily harm, permanent disability, or permanent disfigurement to the child.
(b) “Child abuse” means:
1. Intentional infliction of physical or mental injury upon a child;
2. An intentional act that could reasonably be expected to result in physical or mental injury to a child; or
3. Active encouragement of any person to commit an act that results or could reasonably be expected to result in physical or mental injury to a child.
(c) “Maliciously” means wrongfully, intentionally, and without legal justification or excuse. Maliciousness may be established by circumstances from which one could conclude that a reasonable parent would not have engaged in the damaging acts toward the child for any valid reason and that the primary purpose of the acts was to cause the victim unjustifiable pain or injury.
(d) “Mental injury” means injury to the intellectual or psychological capacity of a child as evidenced by a discernible and substantial impairment in the ability of the child to function within the normal range of performance and behavior as supported by expert testimony.
(e) “Neglect of a child” means:
1. A caregiver’s willful failure or omission to provide a child with the care, supervision, and services necessary to maintain the child’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 child. The term does not include a caregiver allowing a child to engage in independent and unsupervised activities unless allowing such activities constitutes willful and wanton conduct that endangers the health or safety of the child. Such independent and unsupervised activities include, but are not limited to, traveling to or from school or nearby locations by bicycle or on foot, playing outdoors, or remaining at home or any other location for a reasonable period of time; or
2. A caregiver’s failure to make a reasonable effort to protect a child from abuse, neglect, or exploitation by another person.
Except as otherwise provided in this section, neglect of a child 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 mental injury, or a substantial risk of death, to a child.
(2) OFFENSES.—
(a) A person who commits aggravated child abuse commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(b) A person who willfully or by culpable negligence neglects a child and in so doing causes great bodily harm, permanent disability, or permanent disfigurement to the child commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) EXPERT TESTIMONY.—
(a) Except as provided in paragraph (b), a physician may not provide expert testimony in a criminal child abuse case unless the physician is a physician licensed under chapter 458 or chapter 459 or has obtained certification as an expert witness pursuant to s. 458.3175 or s. 459.0066.
(b) A physician may not provide expert testimony in a criminal child abuse case regarding mental injury unless the physician is a physician licensed under chapter 458 or chapter 459 who has completed an accredited residency in psychiatry or has obtained certification as an expert witness pursuant to s. 458.3175 or s. 459.0066.
(c) A psychologist may not give expert testimony in a criminal child abuse case regarding mental injury unless the psychologist is licensed under chapter 490.
(d) The expert testimony requirements of this subsection apply only to criminal child abuse and neglect cases pursuant to this chapter, dependency cases pursuant to chapter 39, and cases involving sexual battery of a child pursuant to chapter 794 and not to family court cases.
History.—s. 1, ch. 4721, 1899; s. 1, ch. 4971, 1901; GS 3236, 3238; RGS 5069, 5071; s. 1, ch. 9331, 1923; CGL 7171, 7173; s. 1, ch. 65-113; s. 1, ch. 70-8; s. 940, ch. 71-136; s. 49, ch. 74-383; s. 30, ch. 75-298; s. 1, ch. 84-238; s. 8, ch. 96-322; s. 16, ch. 99-168; s. 1, ch. 2003-130; s. 9, ch. 2012-155; s. 6, ch. 2015-177; s. 5, ch. 2017-153; s. 2, ch. 2025-167.
Note.—Former s. 828.04.
Notes of Decisions
Cited in 281
cases (20 in the last 5 years), 1978–2026 · leading case: Raford v. State
Raford v. State (2002)
“More recently, in 1996, the Legislature again amended chapter 827, and section 827.03 was rewritten to include three subsections pertaining to child abuse, aggravated child abuse, and neglect of a child, respectively.”
DuFresne v. State (2002)
“Section 827.03 provides: (1) "Child abuse" means: (a) Intentional infliction of physical or mental injury upon a child; (b) An intentional act that could reasonably be expected to result in physical or mental injury to a child; or (c) Active encouragement of any person to commit…”
Ariel Marcelo Bastias v. U.S. Attorney General (2022)
“I In October 2019, Ariel Bastias, a lawful permanent resident of the United States, pleaded guilty to and was convicted of an of- fense under Fla. Stat. § 827.03 (2), which is titled “Abuse, aggravated abuse, and neglect of a child.”
Ford v. State (2001)
“[15] In the present case, the caption of the indictment charged Ford with violating section 827.03, Florida Statutes (Supp.1996), and the text of the indictment stated specific grounds.”
Reed v. State (2002)
“Petitioner Loretta Reed was convicted of aggravated child abuse under section 827.03, Florida Statutes (1997). [1] The petitioner appealed the conviction to the district court, raising an issue for the first time on appeal concerning the definition of malice in the Florida…”
In re Standard Jury Instructions in Criminal Cases—Report No. 2012-09 (2013)
“Fla. Stat. § 827.03 (c). “Maliciously” means wrongfully, intentionally, and without legal justification or excuse.”
Kama v. State (1987)
“(emphasis supplied) If the right of a parent or one standing in loco parentis extends only to inflict reasonable or moderate corporal punishment, what then is the penalty that may be inflicted upon a parent who oversteps the bounds of proper parental correction? The majority,…”
Nicholson v. State (1992)
“Nicholson was charged with and convicted of first-degree felony murder and aggravated child abuse under section 827.03, Florida Statutes (1987). At trial, Nicholson sought a judgment of acquittal, claiming that the evidence failed to establish that Kimberly died as a result of…”
Jovita C. Ibeagwa v. State of Florida (2014)
“Under section 827.03(1)(e)1., Florida Statutes (2010), Appellant failed to “provide a child with the .”
State v. McDonald (2001)
“STATUTORY CHANGES AFTER KAMA When Kama was decided, three statutory sections addressed the crimes for abuse or neglect of children: section 827.03 addressed the second-degree felony of aggravated child abuse; section 827.”
Kevin Spencer v. United States (2014)
“erroneously determined that the movant was properly classified as a career offender where he had a prior state conviction for felony child abuse under Fla. Stat. § 827.03 (1)? 6 Case: 10-10676 Date Filed: 11/14/2014 Page: 7 of 107 After a panel of this Court answered both…”
Braddy v. State (2012)
“§ 827.03(3)(a), Fla. Stat. (1997). “ ‘Caregiver’ means a parent, adult household member, or other person responsible for a child’s welfare.”
— 827.03(1) — 54 cases
Raford v. State (2002)
“More recently, in 1996, the Legislature again amended chapter 827, and section 827.03 was rewritten to include three subsections pertaining to child abuse, aggravated child abuse, and neglect of a child, respectively.”
DuFresne v. State (2002)
“Section 827.03 provides: (1) "Child abuse" means: (a) Intentional infliction of physical or mental injury upon a child; (b) An intentional act that could reasonably be expected to result in physical or mental injury to a child; or (c) Active encouragement of any person to commit…”
State v. McDonald (2001)
“STATUTORY CHANGES AFTER KAMA When Kama was decided, three statutory sections addressed the crimes for abuse or neglect of children: section 827.03 addressed the second-degree felony of aggravated child abuse; section 827.”
State v. Lanier (2008)
Czapla v. State (2007)
— 827.03(1)(a) — 24 cases
Brooks v. State (2005)
Overway v. State (1998)
Raford v. State (2001)
Morris v. State (2001)
Ward v. State (2019)
— 827.03(1)(a)(3) — 1 case
Pethtel v. State (2015)
— 827.03(1)(b) — 26 cases
DuFresne v. State (2002)
“Section 827.03 provides: (1) "Child abuse" means: (a) Intentional infliction of physical or mental injury upon a child; (b) An intentional act that could reasonably be expected to result in physical or mental injury to a child; or (c) Active encouragement of any person to commit…”
State v. Harris (1989)
State v. Lanier (2008)
Munao v. State (2006)
Nicholson v. State (1992)
“Nicholson was charged with and convicted of first-degree felony murder and aggravated child abuse under section 827.03, Florida Statutes (1987). At trial, Nicholson sought a judgment of acquittal, claiming that the evidence failed to establish that Kimberly died as a result of…”
— 827.03(1)(b)(2) — 1 case
— 827.03(1)(c) — 9 cases
Raford v. State (2002)
“More recently, in 1996, the Legislature again amended chapter 827, and section 827.03 was rewritten to include three subsections pertaining to child abuse, aggravated child abuse, and neglect of a child, respectively.”
Kama v. State (1987)
“(emphasis supplied) If the right of a parent or one standing in loco parentis extends only to inflict reasonable or moderate corporal punishment, what then is the penalty that may be inflicted upon a parent who oversteps the bounds of proper parental correction? The majority,…”
Overway v. State (1998)
Schraffa v. State (1987)
Moakley v. State (1989)
— 827.03(1)(d) — 2 cases
— 827.03(1)(e) — 7 cases
Jovita C. Ibeagwa v. State of Florida (2014)
“Under section 827.03(1)(e)1., Florida Statutes (2010), Appellant failed to “provide a child with the .”
Medina v. State (2017)
Thompson v. State (2014)
— 827.03(1)(e)(1) — 1 case
Medina v. State (2017)
— 827.03(2) — 44 cases
Raford v. State (2002)
“More recently, in 1996, the Legislature again amended chapter 827, and section 827.03 was rewritten to include three subsections pertaining to child abuse, aggravated child abuse, and neglect of a child, respectively.”
Caylor v. State (2011)
State v. Weaver (2007)
Parker v. State (2000)
Reed v. State (2002)
“Petitioner Loretta Reed was convicted of aggravated child abuse under section 827.03, Florida Statutes (1997). [1] The petitioner appealed the conviction to the district court, raising an issue for the first time on appeal concerning the definition of malice in the Florida…”
— 827.03(2)(a) — 14 cases
Brooks v. State (2005)
Lukehart v. State (2000)
Washington v. State (1999)
In re Standard Jury Instructions in Criminal Cases—Report No. 2012-09 (2013)
“Fla. Stat. § 827.03 (c). “Maliciously” means wrongfully, intentionally, and without legal justification or excuse.”
Brown v. State (2010)
— 827.03(2)(b) — 26 cases
Young v. State (2000)
Jovita C. Ibeagwa v. State of Florida (2014)
“Under section 827.03(1)(e)1., Florida Statutes (2010), Appellant failed to “provide a child with the .”
Raford v. State (2001)
Wilson v. State (1999)
Cox v. State (2009)
— 827.03(2)(c) — 15 cases
Raford v. State (2001)
Witt v. State (2001)
Brown v. State (2010)
Burns v. State (2014)
— 827.03(2)(d) — 10 cases
Ariel Marcelo Bastias v. U.S. Attorney General (2022)
“I In October 2019, Ariel Bastias, a lawful permanent resident of the United States, pleaded guilty to and was convicted of an of- fense under Fla. Stat. § 827.03 (2), which is titled “Abuse, aggravated abuse, and neglect of a child.”
Burns v. State (2014)
Poczatek v. State (2017)
Ristau v. State (2016)
— 827.03(2)(e) — 2 cases
Brown v. State (2010)
Witt v. State (2001)
— 827.03(3) — 26 cases
Reed v. State (2002)
“Petitioner Loretta Reed was convicted of aggravated child abuse under section 827.03, Florida Statutes (1997). [1] The petitioner appealed the conviction to the district court, raising an issue for the first time on appeal concerning the definition of malice in the Florida…”
State v. Gaylord (1978)
Jovita C. Ibeagwa v. State of Florida (2014)
“Under section 827.03(1)(e)1., Florida Statutes (2010), Appellant failed to “provide a child with the .”
Kama v. State (1987)
“(emphasis supplied) If the right of a parent or one standing in loco parentis extends only to inflict reasonable or moderate corporal punishment, what then is the penalty that may be inflicted upon a parent who oversteps the bounds of proper parental correction? The majority,…”
Ford v. State (2001)
“[15] In the present case, the caption of the indictment charged Ford with violating section 827.03, Florida Statutes (Supp.1996), and the text of the indictment stated specific grounds.”
— 827.03(3)(C) — 1 case
Moore v. State (2001)
— 827.03(3)(a) — 19 cases
Braddy v. State (2012)
“§ 827.03(3)(a), Fla. Stat. (1997). “ ‘Caregiver’ means a parent, adult household member, or other person responsible for a child’s welfare.”
Jovita C. Ibeagwa v. State of Florida (2014)
“Under section 827.03(1)(e)1., Florida Statutes (2010), Appellant failed to “provide a child with the .”
— 827.03(3)(a)(1) — 3 cases
State v. Wynne (2001)
Parrish v. State (2011)
State v. Sammons (2004)
— 827.03(3)(a)(2) — 4 cases
State v. Wynne (2001)
State v. Sammons (2004)
Wunsch v. State (2014)
Weeks v. State (2002)
— 827.03(3)(a)(l) — 2 cases
Wunsch v. State (2014)
Weeks v. State (2002)
— 827.03(3)(b) — 14 cases
Braddy v. State (2012)
“§ 827.03(3)(a), Fla. Stat. (1997). “ ‘Caregiver’ means a parent, adult household member, or other person responsible for a child’s welfare.”
Jovita C. Ibeagwa v. State of Florida (2014)
“Under section 827.03(1)(e)1., Florida Statutes (2010), Appellant failed to “provide a child with the .”
Griffis v. State (2003)
Moore v. State (2001)
Stephenson v. State (2010)
— 827.03(3)(c) — 13 cases
State v. Sammons (2004)
Burns v. State (2014)
Arnold v. State (2000)
State v. Lanier (2008)
— 827.03(3)(d) — 1 case
— 827.03(3)(e) — 2 cases
— 827.03(32)(b) — 1 case
In re Standard Jury Instructions in Criminal Cases—Report No. 2012-09 (2013)
“Fla. Stat. § 827.03 (c). “Maliciously” means wrongfully, intentionally, and without legal justification or excuse.”
— 827.03(4) — 5 cases
State v. Sturdivant (2012)
Kennedy v. State (2011)
Graham v. State (2015)
Cox v. State (2009)
Julius v. State (2007)
— 827.03(a) — 1 case
Ramos v. State (2012)
— 827.03(b) — 1 case
Newberry v. State (1996)
— 827.03(b)(3) — 1 case
Hill v. State (2003)
— 827.03(c) — 2 cases
— 827.03(l) — 1 case
Youmans v. State (2003)
— 827.03(l)(a) — 13 cases
Wheeler v. State (2016)
Ellis v. State (2003)
Holt v. State (2001)
Spagnolo v. State (2013)
— 827.03(l)(a)(3) — 2 cases
Pethtel v. State (2015)
Tate v. State (2013)
— 827.03(l)(b) — 13 cases
Burrows v. State (2011)
Clines v. State (2000)
Delgado v. State (2011)
Andre v. State (2009)
Pethtel v. State (2015)
— 827.03(l)(c) — 1 case
Wheeler v. State (2016)
— 827.03(l)(d) — 2 cases
— 827.03(l)(e) — 3 cases
Jovita C. Ibeagwa v. State of Florida (2014)
“Under section 827.03(1)(e)1., Florida Statutes (2010), Appellant failed to “provide a child with the .”
Burns v. State (2014)
A.J. v. State (1998)
— 827.03(l)(e)(l) — 1 case
Poczatek v. State (2017)
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