Florida Statute 827.03 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 827
ABUSE OF CHILDREN

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F.S. 827.03

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 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; 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.

(c) A person who knowingly or willfully abuses a child without causing great bodily harm, permanent disability, or permanent disfigurement to the child commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(d) A person who willfully or by culpable negligence neglects a child without causing great bodily harm, permanent disability, or permanent disfigurement to the child commits a felony of the third 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.

Note.—Former s. 828.04.

F.S. 827.03 on Google Scholar

F.S. 827.03 on Casetext

Amendments to 827.03

Arrestable Offenses / Crimes under Fla. Stat. 827.03

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

S827.03 1 - CRUELTY TOWARD CHILD - RENUMBERED. SEE REC # 7492 - F: T

S827.03 1a - CRUELTY TOWARD CHILD - REPEALED 1996 AGGRAVATED ABUSE - F: S

S827.03 1a - CRUELTY TOWARD CHILD - RENUMBERED. SEE REC # 7324 - F: T

S827.03 1b - CRUELTY TOWARD CHILD - REPEALED 1996 AGGRAVATED ABUSE WILLFUL TORTURE - F: S

S827.03 1b - CRUELTY TOWARD CHILD - RENUMBERED. SEE REC # 7492 - F: T

S827.03 1c - CRUELTY TOWARD CHILD - REPLD 1996 AGGRAV ABUSE MALICIOUS PUNISHMENT - F: S

S827.03 1c - CRUELTY TOWARD CHILD - RENUMBERED. SEE REC # 7324 - F: T

S827.03 1d - CRUELTY TOWARD CHILD - REPEALED 1996 AGGRAVATED ABUSE WILLFUL CAGING - F: S

S827.03 2 - CRUELTY TOWARD CHILD - RENUMBERED. SEE REC # 7324 - F: F

S827.03 2a - CRUELTY TOWARD CHILD - RENUMBERED. SEE REC # 7324 - F: F

S827.03 2a - CRUELTY TOWARD CHILD - AGGRAVATED CHILD ABUSE - F: F

S827.03 2b - CRUELTY TOWARD CHILD - RENUMBERED. SEE REC # 7324 - F: F

S827.03 2b - NEGLECT CHILD - NEGLECT CHILD WITH GREAT BODILY HARM - F: S

S827.03 2c - CRUELTY TOWARD CHILD - RENUMBERED. SEE REC # 7324 - F: F

S827.03 2c - CRUELTY TOWARD CHILD - ABUSE CHILD WITHOUT GREAT BODILY HARM - F: T

S827.03 2d - NEGLECT CHILD - NEGLECT CHILD WITHOUT GREAT BODILY HARM - F: T

S827.03 3b - NEGLECT CHILD - RENUMBERED. SEE REC # 7493 - F: S

S827.03 3c - NEGLECT CHILD - RENUMBERED. SEE REC # 7494 - F: T

Annotations, Discussions, Cases:

Cases Citing Statute 827.03

Total Results: 20

Krishna Sukhwa v. the State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-09-18T00:00:00-07:00

Snippet: aggravated child abuse, in violation of section 827.03(2)(a), Florida Statutes (2019). He contends his

BACILIO ANTEMATE XOLO v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2024-07-26T00:00:00-07:00

Snippet: of child abuse. §§ 782.04(2), 777.04, 775.087, 827.03, Fla. Stat. (2022). E was shot in the face that

Jamal Wodford v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-06-26T00:00:00-07:00

Snippet: sentences for five counts of child abuse under section 827.03(1)(b)2., Florida Statutes. He argues that the jury

Donshay M. Brown v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-03-06T00:00:00-08:00

Snippet: child abuse, so three third-degree felonies. See § 827.03(2)(c), Fla. Stat. For those convictions, he received

Kevin F. Tomlinson v. State of Florida

Court: Fla. | Date Filed: 2023-08-24T00:00:00-07:00

Snippet: vagueness and overbreadth challenge to section 827.03, Florida Statutes (1975), which criminalized aggravated…Legislature rejected Gaylord and amended section 827.03 to define “maliciously” as “wrongfully, intentionally…excuse.” Ch. 2003-130, § 1, Laws of Fla. (amending § 827.03, Fla. Stat. (2002)).

RYAN BARRETT HENSLEE vs STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2023-05-19T00:00:00-07:00

Snippet: child abuse, in violation of sections 827.03(1)(b) and 827.03(2)(c), Florida Statutes (2021) (a third

ANGELLICA GRANT vs STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2023-05-19T00:00:00-07:00

Snippet: convicted under section “827.03(B).” The correct citation should be section 827.03(2)(b). AFFIRMED…judgment. Grant was charged with violating section 827.03(2)(b), Florida Statutes (2019). The judgment indicates

S.M.O., THE MOTHER v. DEPARTMENT OF CHILDREN AND FAMILIES

Court: Fla. Dist. Ct. App. | Date Filed: 2023-02-28T23:53:00-08:00

Snippet: aggravated child abuse as defined in s. 827.03, sexual battery or sexual abuse as

KEVIN PATRICK KELLEY, JR. vs STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2022-06-20T00:00:00-07:00

Snippet: charged Kelley with neglect of a child. See § 827.03(2)(d), Fla. Stat. (2019). Following the State’s…conviction for the crime of neglect of a child. See § 827.03(2)(d), Fla Stat. The Florida Legislature defines… essential for the well-being of the child.” § 827.03(1)(e)1, Fla. Stat. The offense can encompass repetitive… or a substantial risk of death, to a child.” § 827.03(1), Fla. Stat. …negligence,” even if no bodily harm results. § 827.03(2)(d), Fla. Stat. “Culpable negligence” is not

STATE OF FLORIDA v. JAMARLIN HUNTLEY

Court: Fla. Dist. Ct. App. | Date Filed: 2021-01-05T23:53:00-08:00

Snippet: and (2) that K.H. was under 18. See §§ 827.01(2), 827.03(1)(b)2., Fla. Stat. (2017). On the entirely circumstantial

Tonisha Lache Crowell v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2019-09-18T00:53:00-07:00

Snippet: disability, or permanent disfigurement to the child. § 827.03, Fla. Stat. (emphasis added). At the charge conference

Y.H.B., THE GRANDMOTHER v. DEPT. OF CHILDREN & FAMILIES

Court: Fla. Dist. Ct. App. | Date Filed: 2019-09-11T00:53:00-07:00

Snippet: . . to aggravated child abuse as defined in s. 827.03 . . . Here, it is undisputed both parents had equal

Holly Elizabeth Caudle v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2019-08-16T00:53:00-07:00

Snippet: Physical or Mental Injury in violation of section 827.03, Florida Statutes. Appellant signed a Sentence

Thelma Denise Lowery v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2019-06-20T00:53:00-07:00

Snippet: disfigurement . . . in violation of Sections 782.04 and 827.03, Florida Statutes.” The State’s theory of …was not alleged in the indictment. Section 827.03(1)(a)1.-3., Florida Statutes, states aggravated…permanent disability, or permanent disfigurement.” § 827.03(1)(a)3., Fla. Stat. Based on the jury’s finding

Purcell v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2019-06-07T00:00:00-07:00

Citation: 273 So. 3d 1150

Snippet: two counts of child abuse, pursuant to section 827.03(2)(c), Florida Statutes (2015). She entered a no

Purcell v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2019-06-07T00:00:00-07:00

Citation: 273 So. 3d 1150

Snippet: two counts of child abuse, pursuant to section 827.03(2)(c), Florida Statutes (2015). She entered a no

Don W. Reinard v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2019-04-16T00:53:00-07:00

Snippet: ” While this finding is necessary under section 827.03(1)(a)3., Florida Statutes, aggravated child abuse…willfully and unlawfully cages a child” under section 827.03(1)(a)2. The statute provides the following definition…cause the victim unjustifiable pain or injury. § 827.03(1)(c), Fla. Stat. Like the trial court, we have

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-14.

Court: Fla. | Date Filed: 2019-04-11T00:00:00-07:00

Citation: 267 So. 3d 980

Snippet: DISFIGUREMENT- 827.03(2)(b) CATEGORY ONE CATEGORY TWO FLA, STAT. INS. NO. Child neglect 827.03(3)(d) 16.6…2019 . 16.5 NEGLECT OF A CHILD § 827.03(2)(b), Fla. Stat. (Great Bodily Harm, Permanent

Ward v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2019-04-05T00:00:00-07:00

Citation: 267 So. 3d 573

Snippet: aggravated child abuse, in violation of section 827.03(1)(a) and (2), Florida Statutes (2015), following…disability, or permanent disfigurement to the child. § 827.03(1)(a), Fla. Stat. (2015). The State alleged that…fifteen-year-old twin sons by violating section 827.03(1)(a) 2. and 3. Appellant participated in discovery

Ward v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2019-04-05T00:00:00-07:00

Citation: 267 So. 3d 573