Florida Statutes

Fla. Stat. § 827.04 (2025)

Contributing to the delinquency or dependency of a child; penalty.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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827.04 Contributing to the delinquency or dependency of a child; penalty.—

(1) Any person who:

(a) Commits any act which causes, tends to cause, encourages, or contributes to a child becoming a delinquent or dependent child or a child in need of services; or

(b) Induces or endeavors to induce, by act, threat, command, or persuasion, a child to commit or perform any act, follow any course of conduct, or live in a manner that causes or tends to cause such child to become or to remain a dependent or delinquent child or a child in need of services,

commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(2) It is not necessary for any court exercising juvenile jurisdiction to make an adjudication that any child is delinquent or dependent or a child in need of services in order to prosecute a violation of this section. An adjudication that a child is delinquent or dependent or a child in need of services shall not preclude a subsequent prosecution of a violation of this section.

(3) A person 21 years of age or older who impregnates a child under 16 years of age commits an act of child abuse which constitutes a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. A person who impregnates a child in violation of this subsection commits an offense under this subsection regardless of whether the person is found to have committed, or has been charged with or prosecuted for, any other offense committed during the course of the same criminal transaction or episode, including, but not limited to, an offense proscribed under s. 800.04, relating to lewd, lascivious, or indecent assault or act upon any person under 16 years of age. Neither the victim’s lack of chastity nor the victim’s consent is a defense to the crime proscribed under this subsection.

History.—s. 50, ch. 74-383; s. 30, ch. 75-298; s. 1, ch. 77-73; s. 1, ch. 77-429; s. 4, ch. 88-151; s. 8, ch. 90-53; s. 2, ch. 96-215; s. 10, ch. 96-322.

Arrestable Offenses under F.S. 827.04

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§827.04(1)CONTRIB DELINQ MINORREMOVEDM · 1st

§827.04(1)CRUELTY TOWARD CHILDREPEALED 1996 GREAT HARM PHYSICAL MENTAL INJF · 3rd

§827.04(1)NEGLECT CHILDREPEALED 1996 GREAT HARM DEPRIVE ALLOWF · 3rd

§827.04(2)NEGLECT CHILDREPEALED 1996 DEPRIVE OR ALLOW DEPRIVATIONM · 1st

§827.04(2)CRUELTY TOWARD CHILDREPEALED 1996 PHYSICAL OR MENTAL INJURE CHILDM · 1st

§827.04(3)CRUELTY TOWARD CHILDOVER 21 IMPREGNATE CHILD UNDER 16 CHILD ABUSEF · 3rd

§827.04(1a)CONTRIB DELINQ MINORCAUSE TO BECOME DELINQ DEPENDENT NEEDYM · 1st

§827.04(1b)CONTRIB DELINQ MINORCAUSE CHILD COMMIT ACT OF DELINQ DEPEND NEEDM · 1st

Notes of Decisions

Cited in 123 cases (4 in the last 5 years), 1977–2025 · leading case: DuFresne v. State, 826 So. 2d 272 (Fla. 2002).

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DuFresne v. State, 826 So. 2d 272 (Fla. 2002). · cites it 17× “Prior to 1996, section 827.04, Florida Statutes (1995), provided in pertinent part: (3) Any person who commits any act which thereby causes or tends to cause or encourage any person under the age of 18 years to become a delinquent or dependent child or a child in need of…”

State v. Fuchs, 769 So. 2d 1006 (Fla. 2000). · cites it 22× “Prior to 1996, section 827.04, Florida Statutes (1995), read in relevant part: (3) Any person who commits any act which thereby causes or tends to cause or encourage any person under the age of 18 years to become a delinquent or dependent child or a child in need of services, as…”

State v. Joyce, 361 So. 2d 406 (Fla. 1978). · cites it 17× “…the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084." [3] 346 So.2d at 993, n. 1 . [4] § 827.04, Fla. Stat. (1969).”

Raford v. State, 828 So. 2d 1012 (Fla. 2002). · cites it 9× “In its opinion, the court explained that Raford's argument and the Wilson decision overlooked the fact that shortly after Kama was decided the Legislature amended the statutory scheme for third-degree felony and misdemeanor child abuse, as defined in section 827.04, and clearly…”

Sieniarecki v. State, 756 So. 2d 68 (Fla. 2000). · cites it 8× “1978)(upholding, in the face of a vagueness challenge, former section 827.04(2), Florida Statutes (1975), which prohibited the willful or culpably negligent deprivation of a child's necessary food, clothing, shelter or medical treatment).”

Kama v. State, 507 So. 2d 154 (Fla. 1st DCA 1987). · cites it 9× “Section 827.04 defined felony and misdemeanor child abuse (the felony punishable by up to 5 years imprisonment and up to 00 fine; the misdemeanor punishable by up to 1 year imprisonment and up to 00 fine): (1) Whoever willfully or by culpable negligence, deprives a child…”

Leet v. State, 595 So. 2d 959 (Fla. 2d DCA 1991). · cites it 10× “Section 827.04 applies to acts of omission as well as acts of commission.”

United States v. Malmsberry, 222 F. Supp. 2d 1345 (M.D. Fla. 2002). · cites it 6× “03 ] and Contributing to the Delinquency or Dependency of a Minor [as to Cole Malmsberry, son of Shawn Malms-berry and Cindy Cole, in violation of Fla. Stat. § 827.04 ] in Brevard County, Florida.”

State v. Fuchs, 751 So. 2d 603 (Fla. 5th DCA 1999). · cites it 15× “The terms "delinquent" or "dependent child" or "child in need of services" are terms of art which are not common enough to be understood by persons so as to provide a reasonable warning of the behavior prescribed by Section 827.04, Florida Statutes (Supp.1996).”

State v. McDonald, 785 So. 2d 640 (Fla. 2d DCA 2001). · cites it 5× “03 addressed the second-degree felony of aggravated child abuse; section 827.04 addressed three levels of child abuse constituting either a third-degree felony or a first-degree misdemeanor; and section 827.”

Raford v. State, 792 So. 2d 476 (Fla. 4th DCA 2001). · cites it 6× “The Kama court arrived at that conclusion because, under [then numbered] section 827.04, third degree and misdemeanor child abuse were defined as being committed by a person who " permits the physical or mental health of the child to be materially endangered.”

Ellis v. State, 714 So. 2d 1160 (Fla. 2d DCA 1998). · cites it 9× “[1] *1161 We reverse the judgments as to these three counts and direct the trial court on remand to enter judgments for child abuse under section 827.04(1), Florida Statutes (1995).”

Show all 123 citing cases →

— 827.04(1) — 34 cases

Leet v. State, 595 So. 2d 959 (Fla. 2d DCA 1991). “Section 827.04 applies to acts of omission as well as acts of commission.”

Ellis v. State, 714 So. 2d 1160 (Fla. 2d DCA 1998). “[1] *1161 We reverse the judgments as to these three counts and direct the trial court on remand to enter judgments for child abuse under section 827.04(1), Florida Statutes (1995).”

State v. Gethers, 585 So. 2d 1140 (Fla. 4th DCA 1991).

State v. Fuchs, 769 So. 2d 1006 (Fla. 2000). “Prior to 1996, section 827.04, Florida Statutes (1995), read in relevant part: (3) Any person who commits any act which thereby causes or tends to cause or encourage any person under the age of 18 years to become a delinquent or dependent child or a child in need of services, as…”

Boyce v. State, 638 So. 2d 98 (Fla. 4th DCA 1994).

— 827.04(1)(a) — 9 cases

DuFresne v. State, 826 So. 2d 272 (Fla. 2002). “Prior to 1996, section 827.04, Florida Statutes (1995), provided in pertinent part: (3) Any person who commits any act which thereby causes or tends to cause or encourage any person under the age of 18 years to become a delinquent or dependent child or a child in need of…”

State v. Fuchs, 751 So. 2d 603 (Fla. 5th DCA 1999). “The terms "delinquent" or "dependent child" or "child in need of services" are terms of art which are not common enough to be understood by persons so as to provide a reasonable warning of the behavior prescribed by Section 827.04, Florida Statutes (Supp.1996).”

State v. DuFresne, 782 So. 2d 888 (Fla. 4th DCA 2001).

Barnette v. State, 768 So. 2d 1246 (Fla. 5th DCA 2000).

— 827.04(2) — 24 cases

Sieniarecki v. State, 756 So. 2d 68 (Fla. 2000). “1978)(upholding, in the face of a vagueness challenge, former section 827.04(2), Florida Statutes (1975), which prohibited the willful or culpably negligent deprivation of a child's necessary food, clothing, shelter or medical treatment).”

State v. Joyce, 361 So. 2d 406 (Fla. 1978). “…the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084." [3] 346 So.2d at 993, n. 1 . [4] § 827.04, Fla. Stat. (1969).”

Kama v. State, 507 So. 2d 154 (Fla. 1st DCA 1987). “Section 827.04 defined felony and misdemeanor child abuse (the felony punishable by up to 5 years imprisonment and up to 00 fine; the misdemeanor punishable by up to 1 year imprisonment and up to 00 fine): (1) Whoever willfully or by culpable negligence, deprives a child…”

Raford v. State, 828 So. 2d 1012 (Fla. 2002). “In its opinion, the court explained that Raford's argument and the Wilson decision overlooked the fact that shortly after Kama was decided the Legislature amended the statutory scheme for third-degree felony and misdemeanor child abuse, as defined in section 827.04, and clearly…”

— 827.04(3) — 26 cases

State v. Shamrani, 370 So. 2d 1 (Fla. 1979).

Lanier v. State, 443 So. 2d 178 (Fla. 3d DCA 1983).

Purvis v. State, 377 So. 2d 674 (Fla. 1979).

Bankston v. Brennan, 507 So. 2d 1385 (Fla. 1987).

— 827.04(31) — 1 case

In Re Stand. Jury Instructions in Crim. Cases-report No. 2015-06, 195 So. 3d 356 (Fla. 2016).

— 827.04(l)(a) — 6 cases

State v. Richardson, 963 So. 2d 267 (Fla. 2d DCA 2007).

Rodriguez v. State, 112 So. 3d 744 (Fla. 5th DCA 2013).

State v. Veltre, 768 So. 2d 1211 (Fla. 4th DCA 2000).

Kito v. State, 888 So. 2d 114 (Fla. 4th DCA 2004).

State v. Alexander, 789 So. 2d 1201 (Fla. 4th DCA 2001).

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