Arrestable Offenses / Crimes under Fla. Stat. 827.04
S827.04 1 - CRUELTY TOWARD CHILD - REPEALED 1996 GREAT HARM PHYSICAL MENTAL INJ - F: T
S827.04 2 - CRUELTY TOWARD CHILD - REPEALED 1996 PHYSICAL OR MENTAL INJURE CHILD - M: F
S827.04 3 - CRUELTY TOWARD CHILD - OVER 21 IMPREGNATE CHILD UNDER 16 CHILD ABUSE - F: T
S827.04 1b - CONTRIB DELINQ MINOR - CAUSE CHILD COMMIT ACT OF DELINQ DEPEND NEED - M: F
CopyCited 112 times | Published | Supreme Court of Florida | 1989 WL 34342
...n. Paragraph 2b of the instruction should be removed, and the instructions in the margin related to paragraph 2 should be deleted. The "a" in front of the remaining paragraph 2 also should be deleted. 8. Chapter 88-151, § 4, Laws of Florida, amends Section 827.04, Florida Statutes, concerning child abuse....
...ee
812.014(2)(b) Grand theft 3d degree
812.014(2)(c) Battery
784.03 Assault
784.011 Aggravated assault
784.021 Extortion
836.05 See Davis v. State,
277 So.2d 300(Fla. 2d DCA 1973) Child abuse Child abuse Attempt, if willfully
827.04(1) 827.04(2) Negligent treatment of child 827.05 Child abuse None Attempt, if willfully
827.04(2) Negligent treatment of child 827.05 Forgery
831.01 None Attempt Uttering forged None No attempt King v....
CopyCited 75 times | Published | Supreme Court of Florida | 17 Fla. L. Weekly Supp. 400, 1992 Fla. LEXIS 1220, 1992 WL 148230
...Explanation of amendments: The instruction begins on page 147 of the manual. The changes are based on 1990 amendments to F.S.
812.014(2)(c)5. [Page A-59] *1237 CONTRIBUTING TO CHILD DELINQUENCY OR DEPENDENCY OR TO CHILD IN NEED OF SERVICES (Amended) F.S.
827.04(3) Before you can find the defendant guilty of contributing to a child's becoming a [delinquent child] [dependent child] [child in need of services] Delinquency or Dependency, the State must prove the following element beyond a reasonable d...
...r "child in need of services" based on the statutory definitions in effect at the time of the alleged offense. See F.S.
39.01. Explanation of amendments: The instruction begins on page 163 of the manual. The changes are based on 1990 amendments to F.S.
827.04....
...
812.014(2)(a) Grand theft 2d degree
812.014(2)(b) Grand theft 3d degree
812.014(2)(c) Battery
784.03 Assault
784.011 Aggravated assault
784.021 Extortion
836.05 See Davis v. State,
277 So.2d 300 (Fla. 2d DCA 1973) Child abuse
827.04(1) Child abuse Attempt, if willfully
827.04(2) Negligent treatment of child 827.05 Child abuse
827.04(2) None Attempt, if willfully Negligent treatment of child 827.05 Forgery
831.01 None Attempt Uttering forged instrument None No attempt King v....
CopyCited 52 times | Published | Supreme Court of Florida | 2000 WL 488455
...of necessary food, clothing, shelter or medical treatment, either willfully or by culpable negligence ) was upheld against a similar challenge. See State v. Joyce,
361 So.2d 406, 407 (Fla.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). In Joyce, this Court rejected an argument, based upon Winters, that the simple criminal child abuse statute was unconstitutional, reasoning: Appellees contend that the county courts' invalidation of Section
827.04(2), Florida Statutes (1975), is consistent with our decision in State v....
...There, Section 827.05, Florida Statutes (1975), which criminalized "negligent treatment of children," was declared unconstitutionally vague, indefinite and overbroad. Our decision in Winters, however, does not support the determination of the county courts that Section 827.04(2), the child abuse statute, is unconstitutional. The basis for our holding there was that the negligent treatment statute made criminal acts of simple negligenceconduct which was neither willful nor culpably negligent. Section 827.04(2), in contrast, requires willfulness (scienter) or culpable negligence. The Winters Court was careful to distinguish Section 827.04(2) on this basis....
...As we recently concluded in upholding Section
784.05, Florida Statutes (1975), the culpable negligence statute, the term "culpable negligence" does not suffer from the constitutional infirmity of vagueness. See State v. Greene,
348 So.2d 3 (Fla. 1977).... The requirement of willfulness (scienter) or culpable negligence in Section
827.04(2), therefore, avoids the infirmity found in Winters with respect to Section 827.05 that unintentional acts or conduct which is not the product of culpable negligence might be proscribed by the statute....
CopyCited 37 times | Published | Supreme Court of Florida | 2002 WL 2020158
...On appeal, in an initial opinion, the Fourth District held section
827.03(1)(b) was unconstitutionally vague because the term "mental injury" was not defined therein. The day after the district court filed its initial opinion, however, this Court issued its opinion in State v. Fuchs,
769 So.2d 1006 (Fla.2000), holding that section
827.04(1)(a), which failed to define the terms "delinquent," "dependent child," or "child in need of services," was not unconstitutionally vague....
...Initially, we reject petitioner's argument that this case is controlled by Hermanson v. State,
604 So.2d 775 (Fla.1992). The issue before this Court in Hermanson was whether the spiritual treatment proviso contained within section 415.503(7)(f), Florida Statutes (1985), was a statutory defense to a criminal prosecution under section
827.04(1)....
...that the same conduct was criminal. Thus, Hermanson is distinguishable from the instant case. Fuchs In State v. Fuchs,
769 So.2d 1006 (Fla. 2000), we applied the principles of statutory construction discussed above in reviewing a decision declaring section
827.04(1)(a), Florida Statutes (1997), unconstitutionally vague. The defendant had been charged with violating section
827.04(1)(a), which makes it a misdemeanor to "[c]ommit 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." §
827.04(1)(a), Fla. Stat. (1997). The defendant asserted that section
827.04(1)(a) was unconstitutionally vague because the statute did not define the terms "delinquent child," "dependent child," and "child in need of services." The county court agreed, but certified the following question to the Fifth District Court of Appeal as one of great public importance: Whether Florida Statute
827.04(1)(a) is unconstitutionally vague in that the prohibited conduct, omissions and or standard of conduct of an accused is not defined and the statute fails to define the terms "delinquent," "dependent child," or "child in need of services." Fuchs,
769 So.2d at 1008. The Fifth District answered the certified question in the affirmative, thereby finding section
827.04(1)(a) unconstitutional....
...erm does not in and of itself render *276 a penal statute unconstitutionally vague and that statutes may be read together without there being a specific reference or directive within the language of either statute. See id. at 1009-10. 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 services, as defined under the laws of Florida ... is guilty of a misdemeanor of the first degree.... (Emphasis added.) We concluded that the deletion of the phrase "as defined under the laws of Florida" from section 827.04 did not render the statute unconstitutionally vague because the terms at issue were defined in chapter 39 (Proceedings Relating to Children); chapter 984 (Children and Families in Need of Services); and chapter 985 (Delinquency; Interstate Compact on Juveniles) of the Florida Statutes....
...Mental Injury In essence, the issue to be decided here is the applicability and effect of our decision in Fuchs to the vagueness challenge to section
827.03(1)(b). In State v. Riker,
376 So.2d 862 (Fla.1979), this Court reviewed a trial court's decision expressly holding the 1977 version of the child abuse statute, section
827.04(2), unconstitutional....
...It is so ordered. SHAW, WELLS, PARIENTE, LEWIS, and QUINCE, JJ., and HARDING, Senior Justice, concur. NOTES [1] The Fourth District has since recertified the same question to this Court. See State v. McDeavitt,
776 So.2d 1086, 1087 (Fla. 4th DCA 2001). [2] Section
827.04(2), Florida Statutes (1977), provided: Whoever, willfully or by culpable negligence, deprives a child of, or allows a child to be deprived of, necessary food, clothing, shelter, or medical treatment, or who, knowingly or by culpable negligence, permits physical or mental injury to the child, shall be guilty of a misdemeanor of the first degree .... §
827.04(2), Fla....
CopyCited 35 times | Published | Supreme Court of Florida
...um support. Since economic abilities of persons charged with the duty of care and social needs of children vary, a more specific standard cannot be enacted. The statute is not vague. I respectfully dissent. NOTES [1] This is to be distinguished from Section 827.04, Florida Statutes, which proscribes similar conduct but requires willfulness or culpable negligence.
CopyCited 34 times | Published | Supreme Court of Florida | 55 U.S.L.W. 2679
...a principal in the first degree under section
777.011, Florida Statutes (1983). Further, a social host who serves alcoholic beverages to a person under eighteen years of age may be guilty of contributing to the delinquency of a minor as set forth in section
827.04(3), Florida Statutes (1983)....
CopyCited 23 times | Published | Supreme Court of Florida | 2000 WL 1288872
...Gibson, Public Defender, and Noel A. Pelella and Barbara C. Davis, Assistant Public Defenders, Seventh Judicial Circuit, Daytona Beach, Florida, for Appellee. LEWIS, J. We have on appeal State v. Fuchs,
751 So.2d 603 (Fla. 5th DCA 1999), declaring section
827.04(1)(a), Florida Statutes (1997), unconstitutionally vague. We have jurisdiction. See Art. V, § 3(b)(1), Fla. Const. For the reasons outlined below, we reverse the district court's decision and hold that section
827.04(1)(a) is not unconstitutionally vague....
...Fuchs had been arrested on an unrelated charge. Greene had come to the house to watch the children. Based on these facts, Ms. Fuchs was later arrested and charged with three misdemeanor counts of contributing to the delinquency or dependency of a child in violation of section 827.04(1)(a), Florida Statutes (1997)....
...ged or contributed to ... a child under 18 years of age, becoming a delinquent or dependent child or a child in need of services by leaving [the children] home alone without supervision." Fuchs filed a motion to dismiss the information, arguing that section 827.04(1)(a) was unconstitutionally vague in that the prohibited conduct or standard of conduct was not defined....
...quent child," "dependent child," and "child in need of services." The trial court granted Fuchs' motion to dismiss, and certified the following question to the Fifth District Court of Appeal as one of great public importance: Whether Florida Statute
827.04(1)(a) is unconstitutionally vague in that the prohibited conduct, omissions and or standard of conduct of an accused is not defined and the statute fails to define the terms "delinquent," "dependent child," or "child in need of services." Fuchs,
751 So.2d at 605. The Fifth District answered the certified question in the affirmative, thereby finding section
827.04(1)(a) unconstitutional....
...It is also well recognized that to withstand a vagueness challenge, a statute must give persons of ordinary intelligence adequate notice of the proscribed conduct. See, e.g., L.B. v. State,
700 So.2d 370, 371 (Fla.1997); Mitro,
700 So.2d at 645; Bouters v. State,
659 So.2d 235 (Fla.1995). 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 defined under the laws of Florida ......
...(Emphasis supplied.) It is important to note that the predecessors to this section, which have contained essentially identical language, have repeatedly withstood challenges of invalidity based upon vagueness. See Purvis v. State,
377 So.2d 674, 675 (Fla.1979)(§
827.04(3), Fla. Stat. (1977)); State v. Shamrani,
370 So.2d 1, 2 (Fla. 1979)(§
827.04(3), Fla....
...Metropolitan Dade County,
394 So.2d 981, 988 (Fla.1981). Applying these firmly grounded, and often adhered to, principles of statutory construction, we must conclude that the deletion of the phrase "as defined under the laws of Florida" does not render section
827.04(1) constitutionally infirm....
...parental, custodial and guardian responsibilities), lends further support to the conclusion that these provisions are to be read in proper relationship to one other. See §§ 39.002,
984.02,
985.02, Fla. Stat. (1997). In addition, subsection (2) of section
827.04 also supports a finding that the terms at issue here are to be defined by *1011 chapters 39, 984 and 985. Section
827.04(2) states that: 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....
...It is therefore apparent that although the phrase "as defined under the laws of Florida" was deleted from the challenged statutory provision, the Legislature clearly intended that the terms be defined by chapters 39, 984 and 985. Indeed, the district court noted that "[t]here is little doubt that these terms in section
827.04(1) are intended to be understood as terms of art as described in Chapters 39, 984 and 985 and not in the ordinary way these words are sometimes used." Fuchs,
751 So.2d at 607....
...385, 391,
46 S.Ct. 126,
70 L.Ed. 322 (1926), to require satisfaction of that which the lower courts have mandated in this case. CONCLUSION In sum, the preamble to chapter 96-322, the law that deleted the phrase "as defined under the laws of Florida" from section
827.04(1)(a), indicates that the purpose of the amendment was to "[ clarify ] the offense of contributing to the delinquency or dependency of a child." Ch. 96-322 at 1762, Laws of Fla. (emphasis supplied). The legislative intent, while seemingly well-intentioned, appears to have produced at least some question. Nevertheless, while section
827.04(1)(a) may not be "a paradigm of legislative drafting," L.B.,
700 So.2d at 371 (citing State v. Manfredonia,
649 So.2d 1388, 1390 (Fla.1995)), well settled principles of statutory construction adequately respond to the alleged vagueness challenge. Accordingly, we hold that section
827.04(1)(a) is not unconstitutionally vague....
...It is so ordered. *1012 WELLS, C.J., and SHAW, HARDING, ANSTEAD, PARIENTE and QUINCE, JJ., concur. NOTES [1] See Ch. 96-322, § 10, at 1774, Laws of Fla. [2] See Ch. 90-53, § 8, at 139, Laws of Fla. [3] This amendment also removed the subsections within section
827.04 which dealt with child abuse and incorporated them into section
827.03, currently entitled "Abuse, aggravated abuse, and neglect of a child." As a result, section
827.04 solely contained provisions relating to "Contributing to the delinquency or dependency of a child," as its title suggests....
CopyCited 23 times | Published | Florida 1st District Court of Appeal
...In that case, the state admitted it had no evidence to prove the threat of future retaliation, alleged in Count One. Hence, that count should also have been dismissed. But the briefs indicate that apparently Count One was amended to charge "contributing to the delinquency of a minor," in violation of Section 827.04(3), Florida Statutes, and that defendant entered a nolo plea to that amended charge....
CopyCited 22 times | Published | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 1195
...Atty. Gen., Tallahassee, for appellee. BARFIELD, Judge. In this appeal from a conviction for aggravated child abuse, George Kama challenges the trial court's refusal to instruct the jury on allegedly lesser included offenses: misdemeanor child abuse, section
827.04(2), Florida Statutes (1985), and simple battery, section
784.03, Florida Statutes (1985)....
...The jury found him guilty of aggravated child abuse, a second degree felony punishable by up to fifteen years incarceration. He was sentenced to seven years. Appellant asserts that the jury should have been allowed to determine whether he violated section 827.04(2) by "permitting" or "allowing" injury to the child, citing Mahaun v....
...ase "was relatively minor compared to the majority of cases of this nature." The schedule of lesser included offenses contained in the Florida Standard Jury Instructions in Criminal Cases [3] does not include section
827.03, although it does include
827.04....
...his case, and therefore did not abuse his discretion in refusing to instruct the jury on simple battery. Similarly, the trial judge properly found that misdemeanor child abuse was not a lesser included offense of aggravated child abuse in this case. Section 827.04(2), is violated when a person allows a child to be deprived of necessary food, clothing, shelter, or medical treatment, or through culpable negligence permits physical or mental injury to a child. The uncontroverted evidence in this case is that appellant inflicted injury upon the child, not that he "permitted" injury to the child, as contemplated by section 827.04(2)....
...Wimberly,
498 So.2d 929 (Fla. 1986) (an instruction must be given on necessarily lesser included offenses). In my judgment, misdemeanor child abuse is also a necessarily lesser included offense to aggravated child abuse. Although I am not sure that the conduct described in Section
827.04(2), Florida Statutes, subjecting one to a misdemeanor offense if he "knowingly or by culpable negligence permits physical ......
...ever: (1) Commits aggravated battery on a child; (2) Willfully tortures a child; (3) Maliciously punishes a child; or (4) Willfully and unlawfully cages a child shall be guilty of a felony of the second degree, punishable as provided in chapter 775. Section 827.04 defined felony and misdemeanor child abuse (the felony punishable by up to 5 years imprisonment and up to $5000 fine; the misdemeanor punishable by up to 1 year imprisonment and up to $1000 fine): (1) Whoever willfully or by culpable n...
...tment is guilty of a misdemeanor of the second degree, punishable as provided in chapter 775. The 1974 legislature also created section
827.06 to define the first degree misdemeanor of "persistent nonsupport." Chapter 77-73, Laws of Florida, amended section
827.04 to add a third section proscribing the offense of contributing to the delinquincy or dependency of a child. Chapter 77-429, Laws of Florida, amended sections
827.04(1) and (2) to substitute "permits physical or mental injury to the child" in place of "permits the physical or mental health of the child to be materially endangered." Section 827.05 was substantially amended: Whoever, though financially able,...
CopyCited 20 times | Published | Supreme Court of Florida | 1999 WL 742296
...r medical treatment, or who, knowingly or by culpable negligence, inflicts or permits the infliction of physical or mental injury to the child, shall be guilty of a misdemeanor of the first degree, punishable as provided in s.
775.082 or s.
775.083. §
827.04(1)-(2), Fla.Stat....
...State,
600 So.2d 1101, 1104 (Fla.1992) ("Thus, a willful `omission, or neglect whereby unnecessary or unjustifiable pain or suffering is caused' constitutes aggravated child abuse under section
827.03(1).") (footnote omitted); Leet v. State,
595 So.2d 959, 964 (Fla. 2d DCA 1991) ("Section
827.04 applies to acts of omission as well as acts of commission.")....
CopyCited 19 times | Published | Supreme Court of Florida | 1992 WL 148245
...2d DCA 1990), in which the district court certified the following question as being of great public importance: IS THE SPIRITUAL TREATMENT PROVISO CONTAINED IN SECTION 415.503(7)(f), FLORIDA STATUTES (1985), A STATUTORY DEFENSE TO A CRIMINAL PROSECUTION UNDER SECTION 827.04(1), FLORIDA STATUTES (1985)? Id....
...The district court, finding that the spiritual treatment accommodation provision of section 415.503(7)(f), Florida Statutes (1985), did not prevent *776 their prosecution and conviction, affirmed the trial court's sentence and certified the above question. In summary, we find that sections 827.04(1) and 415.503(7)(f), when considered together, are ambiguous and result in a denial of due process because the statutes in question fail to give parents notice of the point at which their reliance on spiritual treatment loses statutory approval and becomes culpably negligent....
...The statutes have created a trap that the legislature should address. Accordingly, we quash the decision of the district court. Statutory History The statutory provisions are critical to the legal and constitutional issues presented in this case. Florida's child abuse statute, section 827.04(1)-(2), Florida Statutes (1985), provides: (1) Whoever, willfully or by culpable negligence, deprives a child of, or allows a child to be deprived of, necessary food, clothing, shelter, or medical treatment, or who, knowingly or by cul...
...There have been two children born of this marriage: Eric Thomas Hermanson, date of birth 8/26/77 and Amy Kathleen Hermanson (deceased) date of birth 7/16/79. There are no facts indicating that Mr. or Mrs. Hermanson ever deprived their children of necessary food, clothing or shelter as those terms are used in section 827.04, Florida Statutes....
CopyCited 18 times | Published | Supreme Court of Florida | 2002 WL 31119112
...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 provided for lesser included offenses....
...Id. at 159. [7] *1016 The First District similarly concluded that the trial court had properly determined that misdemeanor child abuse was also not a lesser included offense of aggravated child abuse under the prevailing facts. The court reasoned: Section 827.04(2), is violated when a person allows a child to be deprived of necessary food, clothing, shelter, or medical treatment, or through culpable negligence permits physical or mental injury to a child. The uncontroverted evidence in this case is that appellant inflicted injury upon the child, not that he "permitted" injury to the child, as contemplated by section 827.04(2)....
...Hence, the court indicated that the absence of language prohibiting "infliction" of injury to be critical to its analysis of the abuse statute. Statutory Amendments After Kama Shortly after Kama was decided, the Legislature amended third-degree felony and misdemeanor child abuse, as defined in section 827.04, to provide: (1) Whoever, willfully or by culpable negligence, deprives a child of, or allows a child to be deprived of, necessary food, clothing, shelter, or medical treatment, or who, knowingly or by culpable negligence, inflicts or...
...775.084. Ch. 88-151, § 4, at 812, Laws of Fla. (additions are underlined). Thus, as amended, and unlike the situation in Kama, a person who "inflicted" the physical or mental injury to a child could be found guilty of misdemeanor child abuse under section 827.04(2)....
...See
744 So.2d at 1239-40. The court reasoned: This new crime of felony child abuse was enacted well after our Kama decision as part of the legislature's 1996 revision and amendment of the criminal child abuse statutes. See Ch. 96-322, Laws of Florida;
827.04(2), Fla....
..."Simple" child abuse was enhanced to become a third-degree felony.... Nothing in the language of this statute now appears to exempt parents from prosecution. The legislature's intent is perhaps more strongly reflected in other amendments. In chapter 96-322, section 10, Laws of Florida, section 827.04 was rewritten to describe the crime of contributing to the "dependency" of a child, a first-degree misdemeanor....
...ibuting to the dependency of a minor for such conduct.
785 So.2d at 645-46 (footnote omitted) (emphasis supplied). Accordingly, based upon this statutory evolution, the court explained: [I]f a parent can be charged with the misdemeanor offense under section
827.04 when a spanking results in significant welts, the legislature intended more serious beatings that do not result in permanent disability or permanent disfigurement to be treated as simple child abuse under section
827.03(1)....
...is itself now defined and limited by the current statutory scheme. Pursuant to that scheme, a parent can be charged with simple child abuse for excessive corporal punishment that falls between the level of abuse required to establish the offense in section
827.04 and that required to prove a violation of section
827.03(2)....
...d with Wilson, stating that the First District failed to recognize that the Legislature had amended the statutes upon which Kama 's reasoning was premised. See Raford,
792 So.2d at 480. The Fourth District interpreted the 1988 legislative changes to section
827.04, substituting "inflicts or permits the infliction of" for the prior language that provided "permits the infliction of," as eliminating the parental privilege recognized by Kama, except for simple battery, e.g., a typical spanking....
CopyCited 18 times | Published | Florida 4th District Court of Appeal | 1990 WL 78966
...n the nude. Based upon this activity, the affidavit alleged violations of section
827.071, Florida Statutes (1987), sexual performance of a child; section
800.04, lewd or lascivious acts or indecent assault or act upon or in the presence of a child; section
827.04, child abuse; and chapter 847, obscene literature or profanity....
CopyCited 16 times | Published | Supreme Court of Florida | 1992 WL 117281
...The fact that section
827.03(1) expressly refers to "one or more acts committed" in defining aggravated child abuse does not preclude this construction because it is clear that in the criminal context an omission or failure to act may constitute an act. Black's Law Dictionary 25 (6th ed. 1990). It is true that section
827.04, Florida Statutes (1987), specifically addresses the deprivation of food....
...(2) A person who commits aggravated child abuse is guilty of a felony of the second degree... . [2] Section
827.01(3), Florida Statutes (1987), defines the term "torture," as used in chapter 827, to mean "every act, omission, or neglect whereby unnecessary or unjustifiable pain or suffering is caused." [3] §
827.01(3). [4] Section
827.04 provides in pertinent part: (1) Whoever, willfully or by culpable negligence, deprives a child of, or allows a child to be deprived of, necessary food, clothing, shelter, or medical treatment, or who, knowingly or by culpable negligenc...
CopyCited 15 times | Published | Supreme Court of Florida | 11 Envtl. L. Rep. (Envtl. Law Inst.) 20
...There the constitutional flaw was that the prohibition extended to unintentional conduct which was not generated by culpable negligence. This Court distinguished a similar statue which proscribed acts done "willfully or by culpable negligence". See § 827.04(2), Fla....
CopyCited 13 times | Published | Florida 1st District Court of Appeal
...Patterson, Asst. Atty. Gen., Tallahassee, for appellee. SHIVERS, Judge. Howland appeals the special conditions placed on his probation as well as the legality of his sentence. Appellant stands convicted of the crime of negligent child abuse in violation of section 827.04(1), Fla....
CopyCited 13 times | Published | Supreme Court of Florida
...Public Defender, Ponte Vedra Beach, for Alvin Leige Hutcheson, appellee. SUNDBERG, Justice. This cause consists of consolidated appeals from orders of the County Courts for Orange and Duval Counties, which initially and directly passed upon the constitutionality of Section 827.04(2), Florida Statutes (1975). Jurisdiction vests in this Court pursuant to Article V, Section 3(b)(1), Florida Constitution. Simple criminal child abuse, [1] as proscribed by Section 827.04(2), [2] may be committed *407 in two ways: (i) by depriving a child of necessary food, clothing, shelter or medical treatment, willfully or by culpable negligence; and (ii) by permitting, knowingly or by culpable negligence, the child's mental or physical health to be materially endangered....
...charging statute was vague, indefinite and overbroad. The county judges granted the motions and ordered the informations dismissed, from which orders the State has appealed to this tribunal. Appellees contend that the county courts' invalidation of Section 827.04(2), Florida Statutes (1975), is consistent with our decision in State v....
...There, Section 827.05, Florida Statutes (1975), which criminalized "negligent treatment of children," was declared unconstitutionally vague, indefinite and overbroad. Our decision in Winters, however, does not support the determination of the county courts that Section 827.04(2), the child abuse statute, is unconstitutional. The basis for our holding there was that the negligent treatment statute made criminal acts of simple negligence conduct which was neither willful nor culpably negligent. Section 827.04(2), in contrast, requires willfulness (scienter) or culpable negligence. The Winters Court was careful to distinguish Section 827.04(2) on this basis....
...594,
9 L.Ed.2d 561 (1963); Boyce Motor Lines, Inc. v. United States,
342 U.S. 337,
72 S.Ct. 329,
96 L.Ed. 367 (1952); Screws v. United States,
325 U.S. 91,
65 S.Ct. 1031,
89 L.Ed. 1495 (1945). The requirement of willfulness (scienter) or culpable negligence in Section
827.04(2), therefore, avoids the infirmity found in Winters with respect to Section 827.05 that unintentional acts or conduct which is not the product of culpable negligence might be proscribed by the statute....
...This language, however, was dicta and did not form the basis for our holding. Were this not the case, we would have been compelled to address our prior decision in Campbell v. State,
240 So.2d 298 (Fla. 1970). There, we upheld the predecessor to the present Section
827.04, [4] which prohibited "unnecessarily or excessively" chastising or mutilating a child or ward, against an attack of unconstitutional vagueness....
...r medical treatment," is not constitutionally defective. We expressly recede from the aforementioned dicta in Winters to the extent that it may be construed as being inconsistent with our determination herein. Similarly, we uphold the prohibition in Section 827.04(2) against, knowingly or by culpable negligence, permitting the physical or mental health of a child to be "materially endangered." Webster's New 20th Century Dictionary (2d Ed....
...sed to danger. This language is sufficient to inform men of common understanding of the acts which the statute seeks to prosecute. For the reasons expressed, therefore, we reverse the orders of the County Courts for Orange and Duval Counties finding Section 827.04(2), Florida Statutes (1975), to be unconstitutionally vague, and each cause is remanded for proceedings not inconsistent with this opinion....
...ecessary" for a child's welfare is too vague to apprise the public of unlawful conduct. I concur in all aspects of the majority opinion. NOTES [1] As distinguished from aggravated child abuse, which is proscribed by §
827.03, Fla. Stat. (1975). [2] §
827.04(2), Fla....
...pable negligence, permits the physical or mental health of the child to be materially endangered, shall be guilty of a misdemeanor of 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....
CopyCited 12 times | Published | Supreme Court of Florida
...of Leon County, which rendered judgments of conviction against the appellants pursuant to indictments charging them with the crime of child abuse by contributing to the delinquency or dependency of certain minors, in violation of sections 798.03 and 827.04(3), Florida Statutes (1977)....
...Following the denial of their motions to dismiss, the appellants changed their pleas to nolo contendere, reserving the right to appeal the court's rulings on the legal issues raised therein. We have jurisdiction. Art. V, § 3(b)(1), Fla. Const. The appellants present us with three issues. Their first contention is that section 827.04(3), Florida Statutes (1977), [1] is vague and overbroad....
...The other appellant in the latter case was alleged to have committed "an act of attempted fornication" and to have thereby committed the crime of child abuse. The statute defining the crime of child abuse by contributing to delinquency or dependency, section 827.04(3), Florida Statutes (1977), provides: "It shall not be necessary for any court exercising juvenile jurisdiction to make an adjudication that any child is delinquent or dependent in order to prosecute a parent or any other person under...
...The judgments are vacated. The cases are remanded to the trial court with directions to allow the State of Florida thirty days in which to file amended charges. It is so ordered. ADKINS, OVERTON and SUNDBERG, JJ., concur. ENGLAND, C.J., and ALDERMAN, J., dissent. NOTES [1] 827.04 Child abuse....
CopyCited 12 times | Published | Florida 2nd District Court of Appeal | 1992 WL 164084
...arm and thrown him into the crib, that he had put a shirt into the child's mouth when the child was crying, that he had kicked the child's walker four feet across the room while the child was in the walker, and that he had cursed at the child. Under section 827.04, Florida Statutes (1987), these events could have justified misdemeanor or lesser felony charges....
CopyCited 11 times | Published | Florida 4th District Court of Appeal | 1991 WL 181514
...The criminal conduct giving rise to the charge was permitting her unborn child to be injured by Cassandra's introducing cocaine into her own body during the gestation period of her unborn child. Upon being informed against for child abuse by violating section 827.04(1), Florida Statutes (1987), [1] by allegedly injuring her unborn child as a result of Cassandra's use of cocaine during the gestation period of such child, Cassandra moved to dismiss the information on grounds that the alleged conduct was not criminalized by the cited statute....
...hild. Finally, fear of prosecution could deter pregnant drug abusers from seeking treatment for drug problems. 15 Fla.S.U.L.Rev. at 881. In view of the foregoing, we affirm the order appealed from. GLICKSTEIN, C.J., and HERSEY, J., concur. NOTES [1] Section 827.04(1), Florida Statutes (1987), provides: (1) Whoever, willfully or by culpable negligence, deprives a child of, or allows a child to be deprived of, necessary food, clothing, shelter, or medical treatment, or who, knowingly or by culpabl...
CopyCited 11 times | Published | Florida 2nd District Court of Appeal | 2001 WL 467985
...odily harm, permanent disability, or permanent disfigurement."
507 So.2d at 155 (emphasis added). The Kama court then examined the legislative history involving child abuse. It concluded that the statutory scheme then existing in sections
827.03 and
827.04, Florida Statutes (1985), which separated the crime of aggravated child abuse from "simple" child abuse and defined "simple" child abuse in terms of "permitting" injury to a child, indicated a legislative intent to draw a clear line between acceptable discipline and criminal conduct....
...d as misdemeanors or minor felonies. IV. 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
827.04 addressed three levels of child abuse constituting either a third-degree felony or a first-degree misdemeanor; and section 827.05 addressed negligent treatment of children, a second-degree misdemeanor....
...se became a first-degree felony. Nothing in the language of this statute now appears to exempt parents from prosecution. The legislature's intent is perhaps more strongly reflected in other amendments. In chapter 96-322, section 10, Laws of Florida, section 827.04 was rewritten to describe the crime of contributing to the "dependency" of a child, a first-degree misdemeanor....
...ependency of a minor for such conduct. See State v. Fuchs,
751 So.2d 603 (Fla. 5th DCA 1999) (upholding constitutionality of statute in case in which mother was charged). We conclude that if a parent can be charged with the misdemeanor offense under section
827.04 when a spanking results in significant welts, the legislature intended more serious beatings that do not result in permanent disability or permanent disfigurement to be treated as simple child abuse under section
827.03(1)....
...is itself now defined and limited by the current statutory scheme. Pursuant to that scheme, a parent can be charged with simple child abuse for excessive corporal punishment that falls between the level of abuse required to establish the offense in section
827.04 and that required to prove a violation of section
827.03(2)....
...easonably be expected to result in physical or mental injury to a child. Relying exclusively on this language, when the charged conduct involves excessive discipline by a parent, we have difficulty distinguishing between the misdemeanor described in section 827.04 and this third-degree felony....
CopyCited 11 times | Published | Florida 3rd District Court of Appeal
...(1981); prostitution, §
796.07, Fla. Stat. (1981); see Tatzel v. State,
356 So.2d 787 (Fla. 1978) (holding constitutional the defining of licentious sexual intercourse, without consideration, as prostitution under Section
796.07); or contributing to the delinquency of a minor, §
827.04(3), Fla....
...NOTES [1] In Purvis v. State,
377 So.2d 674 (Fla. 1979), the court invalidated the fornication statute, Section 798.03, Florida Statutes (1977), on equal protection grounds, based upon gender discrimination. The defendants in that case had also been charged under Section
827.04(3), and the court also reversed that conviction because a portion of the delinquency charge was based upon violations of Section 798.03. However, nothing in Purvis holds or suggests that other sexual crimes cannot provide a basis for a charge under Section
827.04(3)....
CopyCited 10 times | Published | Florida 1st District Court of Appeal | 1990 WL 57806
...ild abuse in violation of section
827.03, Florida Statutes (1987). He raises two points on appeal. Addressing appellant's first point, we find no error in the trial court's denial of appellant's requested jury instructions based on child abuse under section
827.04(1) and culpable negligence under section
784.03, Florida Statutes....
CopyCited 9 times | Published | District Court, M.D. Florida | 2002 U.S. Dist. LEXIS 17860, 2002 WL 31103994
...On December 15, 2000, Malmsberry committed the offense of Battery [as to Cindy Brown in violation of Fla. Stat. §
784.03] and Contributing to the Delinquency or Dependency of a Minor [as to Cole Malmsberry, son of Shawn Malmsberry and Cindy Cole, in violation of Fla. Stat. §
827.04] in Brevard County, Florida.......
...or 2.) the defendant intentionally caused bodily harm to the victim. See Fla. Standard Crim. Jury Instruction No. 121. To prove the charge of Contributing to Child Delinquency or Dependency or to Child in Need of Services in violation of Fla. Stat. § 827.04, the government must prove that the defendant either 1.) committed an act which caused, tended to cause, encouraged, or contributed to a child becoming a child in need of services; or 2.) induced or attempted to induce, by act, threat, command, or persuasion, a child to live in a manner that tends to cause such child to become or to remain a child in need of services. Fla. Stat. § 827.04; see also Fla....
CopyCited 9 times | Published | Supreme Court of Florida | 1995 WL 48440
...ng to terminate the party or taking some reasonable action to prevent the continued possession or consumption. This statute is similar to, but more specific and focused than the statutory provisions on contributing to the delinquency of a minor. See § 827.04(3), Fla....
CopyCited 8 times | Published | Florida 5th District Court of Appeal | 1998 WL 603211
...abdomen, and that he burned the child's hand by holding it under running hot water. The state did not present evidence that defendant used a deadly weapon. Defendant requested a jury instruction on the crime of misdemeanor child abuse as defined in section 827.04(2), Florida Statutes (1995), contending the misdemeanor crime was either a necessarily or permissive lesser included offense of the felony crimes charged....
...g of guilt on the offense would be supported by the evidence submitted at trial. See State v. Wimberly,
498 So.2d 929, 931 (Fla. 1986). In this case, defendant requested a jury instruction on the crime of misdemeanor child abuse which is defined as:
827.04 Child abuse.- * * * * * * (2) Whoever, willfully or by culpable negligence, deprives a child of, or allows a child to be deprived of, necessary food, clothing, shelter, or medical treatment, or who knowingly or by culpable negligence, inflicts or permits the infliction of physical or mental injury to the child.... §
827.04(2), Fla....
...n sentencing order to state that defendant is to have "no unsupervised contact with any child under the age of 16." AFFIRMED in part; REVERSED in part; and REMANDED. GRIFFIN, C.J., and GOSHORN, J., concur. NOTES [1] §
827.03, Fla. Stat. (1995). [2] §
827.04(2), Fla....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 1999 WL 992726
...orida Statutes (1995); transmitting or showing the minor C.U. obscene material, in violation of section
847.0133; and three counts of causing or encouraging the minors C.U., M.A., and T.A. to become delinquent by giving them alcohol, in violation of section
827.04(3)....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 1990 WL 140285
...inty, by medical treatment up to shortly before her death. The state attorney filed an information against each of her parents charging them in three counts with (1) manslaughter in violation of section
782.07, (2) felony child abuse in violation of section
827.04(1), and (3) third degree murder in violation of section
782.04(4)....
...There have been two children born of this marriage: Eric Thomas Hermanson, date of birth 8/26/77 and Amy Kathleen Hermanson (deceased) date of birth 7/16/79. There are no facts indicating that Mr. or Mrs. Hermanson ever deprived their children of necessary food, clothing or shelter as those terms are used in section 827.04, Florida Statutes....
...eligion, they further claimed that this legal defense or exemption was established, thus entitling them to dismissal of all counts of the information. The trial court denied the motion to dismiss insofar as the counts alleging violations of sections
827.04(1) (felony child abuse) and
782.04(4) (third degree murder) were concerned (finding that there remained factual issues to be resolved by the jury)....
...It thus became part of the 1975 statutory scheme for reporting and investigating child abuse. By the specific terms of section 827.07(2), the spiritual treatment proviso was limited to the stated purposes of section 827.07, reporting, investigating and prevention of child abuse, and did not form part of section 827.04(1), the section which defines the crime of felony child abuse....
...ctions 415.502-415.514. In contrast to its inclusion of the spiritual treatment proviso for purposes of sections 415.502-415.414, the legislature chose not to include the spiritual treatment proviso in the statutes creating the crime of child abuse, section
827.04(1), the crime of third degree murder, section
782.04, and the crime of manslaughter, section
782.07....
...nt. In terms of notice, due process requires no more. ( Burg v. Municipal Court, supra, 35 Cal.3d at p. 270, 198 Cal. Rptr. 145, 673 P.2d 732.) *333 Walker v. Superior Court, 763 P.2d at 872. Similar to the court in Walker, we conclude that sections
827.04 and
782.07 comply with the requirements of due process....
...court, which we grant. Therefore, we certify the following question to the Supreme Court of Florida: IS THE SPIRITUAL TREATMENT PROVISO CONTAINED IN SECTION 415.503(7)(f), FLORIDA STATUTES (1985), A STATUTORY DEFENSE TO A CRIMINAL PROSECUTION UNDER SECTION 827.04(1), FLORIDA STATUTES (1985)? SCHOONOVER, C.J., and DANAHY and THREADGILL, JJ., concur....
...ional establishment of religion as the state had argued. This issue has not been presented to us in this appeal and we make no comment on it. [5] This underscored language is what we refer to in this opinion as the "spiritual treatment proviso." [6] 827.04(1) Child abuse....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 1989 WL 57226
...in the presence of a child in violation of section
800.04, Florida Statutes (1985); count IV alleged the use of a child in a sexual performance in violation of section
827.071, Florida Statutes (1985); and count V alleged child abuse in violation of section
827.04, Florida Statutes (1985)....
CopyCited 8 times | Published | Supreme Court of Florida
...The district court erroneously analyzed the allegations and proof rather than the statutory elements. Applying the Blockburger test, we find that section
782.07, Florida Statutes (1979), the manslaughter statute, requires proof of the killing of a human. Proof of this fact is not required by the child abuse statute, section
827.04, Florida Statutes (1979), which requires proof that a child was abused....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 1991 WL 272641
...Steven Herman of Steven Herman, P.A., Zephyrhills, for appellant. *960 Robert A. Butterworth, Atty. Gen., Tallahassee, and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for appellee. ALTENBERND, Judge. Raymond Earl Leet appeals his convictions for child abuse and third-degree felony murder. §§ 827.04(1), Fla....
...Leet was not charged as a principal concerning the aggravated child abuse by Ms. Collins. See §
777.011, Fla. Stat. (1987). Instead, the state charged him with simple child abuse and third-degree felony murder. McDaniel v. State,
566 So.2d 941 (Fla. 2d DCA 1990). Section
827.04(1), Florida Statutes (Supp....
...Thus, the state maintains that Monday through Thursday of the last week of the child's life is the critical period in which Mr. Leet permitted child abuse by culpable negligence. III. THE JURY COULD DETERMINE THAT MR. LEET OWED A DUTY TO PROTECT JOSHUA UNDER SECTION 827.04(1)....
...hout objection. Those instructions required that the jury decide, as an element of the offense, whether "Mr. Leet had assumed responsibility for the temporary or permanent care and maintenance of Joshua Collins." [2] See Fla. Std.Jury Instr. (Crim.) 827.04....
...The negligence must be committed with an utter disregard for the safety of others. Culpable negligence is consciously doing an act or following a course of conduct that the defendant must have known, or reasonably should have known, was likely to cause death or great bodily injury. See Fla.Std.Jury Instr. (Crim.) 827.04....
...The child had previously suffered unexplained injuries while in his care. If a mother can be culpably negligent for leaving a child with its father, Mr. Leet can be equally negligent for taking no action to protect the child from its mother in his household. Section 827.04 applies to acts of omission as well as acts of commission....
...HE HOUSEHOLD TO PREVENT PARENTAL CHILD ABUSE? Affirmed. THREADGILL, A.C.J., concurs. PATTERSON, J., concurs specially. PATTERSON, Judge, concurring specially. I concur with reservations as to whether Mr. Leet can be guilty of the offense as charged. Section 827.04(1), Florida Statutes (Supp....
...Leet was not charged as a principal in the aggravated child abuse committed by the child's mother or for any act of commission of child abuse on Friday, November 25, 1988, the day of Joshua's death a day during which Joshua was in Mr. Leet's sole custody. Section 827.04(1) describes the class of persons to which it applies as "whoever," an all encompassing term of no limitation....
...sh a defendant for a crime lacking mens rea. Nevertheless, it was the legislature's prerogative to select this objective standard for use in child abuse cases. [4] There is no Florida case thus far which has extended the act of omission provision of section 827.04(1) to a live-in boyfriend or girlfriend....
...prescribed in subsection (2). The violation of this section constitutes an act of omission and in such regard the use of the term "any person" suffers from the same type of infirmities which I have noted in regard to the use of the term "whoever" in section 827.04(1)....
CopyCited 7 times | Published | Florida 3rd District Court of Appeal | 1992 WL 216333
...Before SCHWARTZ, C.J., and HUBBART and BASKIN, JJ. HUBBART, Judge. This is an appeal by the state from a final order of the circuit court granting a petition for a writ of prohibition in a county court misdemeanor case in which the defendant was charged with child abuse. Section 827.04(2), Fla....
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 1994 WL 189618
...In moving for a judgment of acquittal, a defendant admits all the facts and evidence adduced at trial, as well as every conclusion favorable to the State that a jury might fairly and reasonably infer therefrom. Id. Mrs. Boyce is challenging her convictions for two counts of child abuse (Counts I and VII) under section 827.04(1), Florida Statutes (1991)....
...The elements of child abuse relevant to the instant case include (1) willful or culpable negligence; (2) depriving a child of necessary medical treatment or inflicting physical or mental injury to the child; and (3) causing great bodily harm or permanent disability. § 827.04(1), Fla....
CopyCited 7 times | Published | Florida 3rd District Court of Appeal
...At the close of the state's case the trial court granted appellant's motion for a judgment of acquittal as to count III. On the charge in the first count of the information, the jury found the defendant guilty of a lesser included offense of child abuse a violation of Section 827.04(2), Florida Statutes (1979)....
...to produce sufficient evidence that the appellant, rather than her husband, had actually inflicted the injuries which led to this prosecution. Our review of the record supports that determination. A plain reading of section
827.03(2) as compared to section
827.04, as well as the history of the statutes, leads us to conclude that the legislature intended to punish under section
827.03 only acts of commission done with specific intent. [3] Sections
827.04 (child abuse) [4] and 827.05 (negligent treatment of children) [5] expressly provide that there can be a conviction for failure to do something which is required to be done; section
827.03 does not....
...Jakubczak had inflicted injuries upon the nine-week-old infant and that Mrs. Jakubczak assisted in concealing those injuries. I would affirm the convictions. NOTES [1] Prior to trial the defendant's husband pleaded guilty to one count of child abuse. [2] § 827.04(2), Fla....
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 1999 WL 817186
...f time the children were alone without adult supervision that something could have happened to the children." The State, however, charged Fuchs with three misdemeanor counts of contributing to the delinquency or dependency of a minor in violation of section 827.04(1)(a), Florida Statutes....
...d or contributed to ... a child under 18 years of age, becoming a delinquent or dependent child or a child in need of services by leaving [the child] home alone without supervision." Fuchs filed a motion to dismiss the information on the ground that section 827.04(1)(a), Florida Statutes (Supp.1996), *605 was unconstitutionally vague in that the prohibited conduct or standard of conduct of an accused is not defined....
...ida" was deleted in 1996. The lower court concluded that the statute was impermissibly vague since the terms "delinquent or dependent" or "child in need of services" lacked ordinary meaning: In the instant case, the Defendant points to the fact that Section 827.04(1)(a) fails to define the terms "delinquent or dependent child" and "child in need of services." Notably, prior to its amendment, the statute defined the terms "delinquent" and "dependent" child by cross reference in the statute provid...
...equire the Court to look to earlier enactments to determine the intent and meaning of the words ... Thus, this Court, in order to determine the meaning of the terms "delinquent or dependent child" and "child in need of services," would first look to Section 827.04(1)(a) prior to its amendment to know that those terms are to be defined as they are in Chapter 984 and 985 (formerly Chapter 39)....
...), Florida Statutes (Supp. 1996). 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)....
...or applying for public assistance, and "child in need of services" can range from special programs in the public school system to the unknown. The court then certified the following question as one of great public importance: WHETHER FLORIDA STATUTE 827.04(1)(a) IS UNCONSTITUTIONALLY VAGUE IN THAT THE PROHIBITED CONDUCT, OMISSIONS AND OR STANDARD OF CONDUCT OF AN ACCUSED IS NOT DEFINED AND THE STATUTE FAILS TO DEFINE THE TERMS "DELINQUENT," OR "DEPENDENT CHILD" OR "CHILD IN NEED OF SERVICES." We answer the certified question in the affirmative and approve the decision below. *606 Section 827.04(1)(a), Florida Statutes (1997), "Contributing to the Delinquency or Dependency of a Child" provides: (1) Any person who: (a) Commits any act which causes, tends to cause, encourages, or contributes to a child becoming a delinquent or d...
...ct or indirect contempt of court, except that this definition shall not include an act constituting contempt of court arising out of a dependency proceeding or a proceeding pursuant to this chapter. [3] *607 There is little doubt that these terms in section 827.04(1) are intended to be understood as terms of art as described in Chapters 39, 984 and 985 and not in the ordinary way these words are sometimes used....
...anings than what is contained in Chapters 39, 984 and 985. Similarly, the phrase "child in need of services" is almost meaningless without reference to these statutes. Yet, there is no allusion to a statutory source for the meaning of these terms in section 827.04(1). The trial court noted that, prior to its amendment in 1996, section 827.04(1)(a) used to include the phrase "under the laws of Florida." The previous statute, section 827.04(3), Florida Statutes (1995), provided: (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...
CopyCited 6 times | Published | Supreme Court of Florida
...Gen., Tampa, for appellant. Craig C. Villanti, New Port Richey, for appellee. BOYD, Justice. This cause is before the Court on appeal from a final decree of the County Court of Pasco County. The appellee was informed against for the crime of child abuse in violation of section 827.04(2), Florida Statutes (1977). The county court on motion of the defendant dismissed the information, expressly holding section 827.04(2) unconstitutional. The state appeals and this Court has jurisdiction. Art. V, § 3(b)(1), Fla. Const. Section 827.04(2), Florida Statutes (1977), provides: Whoever, willfully or by culpable negligence, deprives a child of, or allows a child to be deprived of, necessary food, clothing, shelter, or medical treatment, or who, knowingly or by culpable ne...
...Joyce,
361 So.2d 406 (Fla. 1978); Campbell v. State,
240 So.2d 298 (Fla. 1970). *863 The court also said that the words "mental injury" are vague. In State v. Joyce , we had for consideration the constitutionality of the predecessor to the statute before us now. Section
827.04(2), Florida Statutes (1975), provided: Whoever, willfully, or by culpable negligence, deprives a child of, or allows a child to be deprived of, necessary food, clothing, shelter, or medical treatment, or who, knowingly or by culpable n...
...We also held that the statutory language referring to material endangerment of the mental or physical health of a child was sufficient to inform persons of common understanding of the proscribed conduct. The language of the second independent clause in section 827.04(2), however, has been changed since the time of our decision in State v....
...The language of this subsection as it reads now is simpler, more straightforward, and more readily understood by persons of common intelligence, than the "material endangerment" language upheld in State v. Joyce . We hold that it is not impermissibly vague. The trial court erred in holding section 827.04(2) void for vagueness....
CopyCited 6 times | Published | Supreme Court of Florida
...Jagger, Public Defender and Steven H. Mezer, Asst. Public Defender, Clearwater, and Jack O. Johnson, Public Defender, Bartow, for Bennett and Abel. SUNDBERG, Justice. In these consolidated appeals from orders of the County Court for Pinellas County, Florida, the facial validity of section 827.04(3), Florida Statutes (1977), is brought into question....
...A proper respect for the principle of stare decisis dictates that we not recede from the conclusions reached in these earlier cases. It was urged in the briefs and at oral argument that one need not knowingly engage in the prohibited conduct to fall within the reach of section 827.04(3), Florida Statutes (1977)....
...ormed under such circumstances that a person of common understanding would know that they would cause or tend to cause or encourage or contribute to the delinquency or dependency of a person under the age of eighteen years. [3] Holding as we do that section 827.04(3), Florida Statutes (1977), is constitutional as construed, the orders of the County Court of Pinellas County, Florida, granting the motions to dismiss are reversed and these cases are remanded to the county court for further proceedings not inconsistent with this opinion. It is so ordered. ENGLAND, C.J., and ADKINS, BOYD, OVERTON and ALDERMAN, JJ., concur. HATCHETT, J., dissents. NOTES [1] § 827.04(3), Fla....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 2005 WL 263898
...2d DCA 2001), review denied,
837 So.2d 410 (Fla. 2003); see also Raford v. State,
828 So.2d 1012, 1019 (Fla.2002). Instead, this type of corporal punishment may constitute contributing to the dependency of a child, which is a first-degree misdemeanor under section
827.04, Florida Statutes (2001). [1] McDonald,
785 So.2d at 646. We recognize that our holding on this issue seemingly contradicts the plain language of section
827.03(1). However, as we explained in McDonald, this construction is the only way to reconcile section
827.03(1) with section
827.04....
...w, and the trial court erred in denying King's motion for judgment of acquittal. We therefore reverse and remand for his discharge. Reversed and remanded. FULMER and CASANUEVA, JJ., concur. NOTES [1] The State did not charge King with a violation of section 827.04, Florida Statutes (2001)....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 10 Fla. L. Weekly 8
...Appellant, Edward Callaghan, was charged with two counts of attempted murder of his wife and infant son with a firearm and one count of child abuse by unlawfully permitting the mental or physical health of the child to be materially endangered contrary to section 827.04(1), Florida Statutes (1983)....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 2001 WL 567626
...5th DCA 1991). Nothing of the kind is alleged here. Courts should not stretch a penal statute, even to cover clear evils lying outside the statute's scope, particularly if, as Judge Browning ably argues, other statutes are aimed at the same evils. See § 827.04(1), Fla....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2001 WL 40265
...Although the crimes of third degree felony or misdemeanor child abuse existed, they were only applicable to third persons, not parents or those standing in the shoes of parents. Kama,
507 So.2d at 159. 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." The Kama court held that those statutes were not applicable to persons who "inflicted" injury....
...We do not agree, however, with appellant's argument that Kama precludes conviction for a lesser included offense. Appellant's argument fails to recognize that shortly after Kama was decided in 1987, the legislature amended third degree felony and misdemeanor child abuse, as defined in section 827.04, by substituting "inflicts or permits the infliction of" for the prior statutory language which only said *480 "permits the infliction of." Ch....
...We therefore affirm appellant's conviction and remand to conform his sentence to the court's oral pronouncement. STONE, J., and OWEN, WILLIAM C., Jr., Senior Judge, concur. NOTES [1] In 1996, the legislature eliminated misdemeanor child abuse by moving it from section
827.04(2), Florida Statutes (1995) to section
827.03(1), Florida Statutes (1997), and making that crime a third degree felony. The legislature also made abuse where great bodily harm is inflicted, section
827.04(1), Florida Statutes (1995), previously a third degree felony, a second degree felony....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 1989 WL 7526
...That the legislature did not intend that negligent omissions be encompassed within section
827.03(1)(b) was shown, Jakubczak reasoned, by the facts that an earlier version of the statute had been amended to omit from its provisions offenses resulting from negligence and that other portions of chapter 827, i.e., sections
827.04 and 827.05, which define particular types of child abuse offenses, do, in contrast to section
827.03, specifically encompass within their descriptions of offenses failures to do that which is required to be done. Id. at 188-89. The alleged conduct of defendants appears to be squarely encompassed within the type of offense described in either section
827.04(1) or
827.04(2), each of which refers to "culpable negligence." Under these circumstances and even if section
827.03(1)(b) could, contrary to Jakubczak, be considered to encompass negligent omissions, section
827.04(1) or
827.04(2) should apply to the exclusion of
827.03(1)(b)....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 1989 WL 149573
...We affirm the judgment of conviction entered on all counts and address only the point raising error in the admission of testimony from the state's expert psychologist which was offered to prove that the appellant was guilty of child abuse, pursuant to section 827.04(1), Florida Statutes (1985)....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 2007 WL 1238588
...n the type of injury sustained by the child. In Judge Altenbernd's opinion in State v. McDonald , quoted with approval by the supreme court in Raford,
828 So.2d at 1019, he explained that if a parent can be charged with the misdemeanor offense under section
827.04 when a spanking results in significant welts, the legislature intended more serious beatings that do not result in permanent disability or permanent disfigurement to be treated as simple child abuse under section
827.03(1)....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1994 WL 498397
...order. * * * * * * (5) It is a defense under this section that a person who leads, takes, entices or removes a minor beyond the limits of the state reasonably believes that his action was necessary to protect the minor from child abuse as defined in 827.04. Section 827.04, Florida Statutes (1993) provides in part: (1) Whoever, willfully or by culpable negligence, deprives a child of, or allows a child to be deprived of, necessary food, clothing, shelter, or medical treatment, or who, knowingly or by cul...
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1991 WL 75561
...There was evidence that appellant's conduct was excessive, cruel, and merciless. The weight of the evidence on the issue of intent was a matter for the jury to resolve. Freeze v. State,
553 So.2d 750 (Fla. 2d DCA 1989). Deprivation of food is specifically addressed in Section
827.04, Florida Statutes....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 1572
...We reverse and remand for resentencing. Appellant pled nolo contendere and was adjudicated guilty of sexual battery, a second degree felony, in violation of section
800.04, Florida Statutes (1985), and child abuse, a first degree misdemeanor, in violation of section
827.04(2), Florida Statutes (1985)....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 1998 WL 428808
..., which adjudicated them guilty of multiple counts of aggravated child abuse of a codefendant's three children. [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)....
..., in violation of F.S.
827.03/777.011. (Emphasis supplied.) While these counts cite the aggravated child abuse statute, section
827.03, Florida Statutes (1995), [3] the alleged illegal conduct is squarely encompassed within the conduct proscribed by section
827.04(1), Florida Statutes (1995)....
...[4] In this case, the conduct necessary to elevate the Ellises' offenses to aggravated child abuse never occurred. See, e.g., Nicholson v. State,
600 So.2d 1101 (Fla.1992); State v. Eversley,
706 So.2d 1363 (Fla. 2d DCA 1998). The body of the information describes only conduct that falls within section
827.04(1)....
...n to the permissive lesser included offense of child abuse, a third-degree felony. Accordingly, we reverse the Ellises' convictions for Counts VIII, IX, and X, and direct the trial court on remand to enter judgments for child abuse, as proscribed by section 827.04(1), Florida Statutes (1995)....
...ommits aggravated battery on a child; (b) Willfully tortures a child; (c) Maliciously punishes a child; or (d) Willfully and unlawfully cages a child. (2) A person who commits aggravated child abuse is guilty of a felony of the second degree.... [4] Section 827.04(1), Florida Statutes (1995), provides: Child Abuse. (1) Whoever, willfully or by culpable negligence, deprives a child of, or allows a child to be deprived of, necessary food, clothing, shelter, or medical treatment, or who, knowingl...
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2006 WL 119562
...She argues the complaint sufficiently stated a cause of action for negligence. We agree and reverse. The plaintiff filed a wrongful death action for the death of her son. In her fourth amended complaint, the plaintiff alleged three counts: negligent care, negligent supervision, and negligence per se for violation of section 827.04, Florida Statutes (2004), contributing to the delinquency of a child....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 1995 WL 722921
...or medical treatment when financially able to provide this necessary care, if such deprivation causes the child's physical or emotional health either to be significantly impaired or to be in danger of such impairment. [2] This crime is distinct from section 827.04(2), Florida Statutes (1993), a first-degree misdemeanor punishing culpable negligence that causes similar deprivations....
...r medical treatment, or who, knowingly or by culpable negligence, inflicts or permits the infliction of physical or mental injury to the child, shall be guilty of a misdemeanor of the first degree, punishable as provided in s.
775.082 or s.
775.083. §
827.04(2), Fla....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2000 WL 869395
...Muniz's behavior was inappropriate. We are inclined to believe that the State could have charged Mr. Muniz with assault on the child, see §
784.011, Fla. Stat. (1997); child abuse, see §
827.03(1)(b), Fla. Stat. (1997); contributing to the dependency of a minor, see §
827.04(1)(a), Fla....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1992 WL 577
...in response to them. In order to convict Ms. Barber of the child abuse charged in Count I, the state had to prove that Ms. Barber caused Bradley's death by permitting the infliction of physical injury to the child through "culpable negligence." See § 827.04, Fla....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1998 WL 27178
...ected at enumerating and criminalizing acts of brutality and neglect perpetrated against children. Florida law specifically recognizes that the failure to obtain medical assistance for a sick child is an act subject to criminal penalties. See, e.g., § 827.04, Fla....
...We also find the trial court's reduction of the felony child abuse conviction to a misdemeanor to be error. Felony child abuse is proven by evidence that a person willfully or by culpable negligence deprives or allows a child to be deprived of medical treatment, and in so doing causes great bodily harm. § 827.04(1), Fla....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2001 WL 55921
...a layperson be expected to do so, especially given the State's position that humiliation alone is sufficient to trigger the statute. The state relies on State v. Riker,
376 So.2d 862 (Fla.1979), in which the 1977 version of the child abuse statute, section
827.04(2), made a person who "knowingly or by culpable negligence, permits physical or mental injury to the child," guilty of a misdemeanor....
...98-403, § 19, Laws of Fla. [2] Fuchs In our original opinion, we concluded that "mental injury" as used in section
827.03 was unconstitutionally vague; however Fuchs appears to require a contrary result. In Fuchs the defendant was charged with violating section
827.04(1)(a), Florida Statutes (1997), which makes it a misdemeanor to commit "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." The county judge held the statute unconstitutionally vague and certified the following question to the Fifth District *893 Court of Appeal as one of great public importance: Whether Florida Statute
827.04(1)(a) is unconstitutionally vague in that the prohibited conduct, omissions and or standard of conduct of an accused is not defined and the statute fails to define the terms "delinquent," "dependent child," or "child in need of services." State v....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 11 Fla. L. Weekly 246
...ntendere or guilty to, any felony prohibited under any of the following provisions of the Florida Statutes or under similar statutes of other jurisdictions. The subsection then lists twenty-six specific felony offenses in Florida Statutes, including section 827.04, "relating to child abuse," and concludes with the following provision: For purposes of this subsection, a finding of delinquency or a plea of nolo contendere or other plea amounting to an admission of guilt to a petition alleging deli...
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2000 WL 1513762
...We sua sponte withdraw our prior opinion of April 14, 2000, and substitute the following opinion. Our prior opinion reversed the appellant's conviction for contributing to the delinquency of a minor based on this court's decision in State v. Fuchs,
751 So.2d 603 (Fla. 5th DCA 1999), which held section
827.04(1)(a), Florida Statutes unconstitutional....
...State,
679 So.2d 759 (Fla.1996); Rollins v. State,
707 So.2d 823 (Fla. 3d DCA 1998). Therefore, we affirm the appellant's conviction for lewd and lascivious assault upon a child. The other issues raised by appellant relate to his conviction for violating subsection
827.04(1), Florida Statutes (1997)....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 1999 WL 641837
...who procure juvenile prostitutes for others. In the argot of prostitution law, the defendant's conduct amounted to `solicitation,' contrary to section
796.07(2)(f), Florida Statutes (1993). The case might also have been charged as child abuse under section
827.04(3), Florida Statutes (1993)....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 1998 WL 798709
...Butterworth, Attorney General, Tallahassee and William I. Munsey, Jr., Assistant Attorney General, Tampa, for Appellee. DANAHY, PAUL W., (Senior) Judge. A.J., a juvenile, challenges her withheld adjudication on the offense of misdemeanor child abuse under section 827.04(2), Florida Statutes (1995)....
...On March 31, 1997, the trial court held an adjudicatory hearing on the petition. At the close of the State's case, the trial court granted A.J.'s motion for judgment of acquittal as to the aggravated child abuse but found that there was prima facie evidence of misdemeanor child abuse under section 827.04(2)....
...ed in the standard jury instructions for aggravated child abuse under any provision of section
827.03, Florida Statutes (1995)." (Emphasis added.) See also Mohammed v. State,
561 So.2d 384 (Fla. 2d DCA 1990) (child abuse by culpable negligence under section
827.04(1) not a lesser-included offense of aggravated child abuse under
827.03, Florida Statutes (1987)). [1] Accordingly, the trial court erred in denying A.J.'s first ground of her motion for judgment of acquittal. The trial court also erred in denying the second ground. Even if child abuse by culpable negligence pursuant to section
827.04(2) were a lesser-included offense of aggravated child abuse, the information must allege every element of the lesser offense to sustain a conviction on that offense....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 1995 WL 79778
...Gen., Tallahassee, and Erica M. Raffel, Asst. Atty. Gen., Tampa, for appellant. A.R. Mander, III, Greenfelder, Mander, Hanson, Murphy & Dwyer, Dade City, for appellee. SCHOONOVER, Acting Chief Judge. The State of Florida appeals an order which found that section 827.04(2), Florida Statutes (1993), was unconstitutional. We reverse. The appellee, David F. Bley, was charged in the County Court of Pasco County with child abuse, a first degree misdemeanor, in violation of section 827.04(2). He filed a motion to dismiss the information which had been filed against him on the ground that section 827.04(2) was unconstitutional....
...The state filed a timely notice of appeal from the trial court's order. Because the county court found the statute unconstitutional, we have jurisdiction to review the order. Art. V, § 4(b)(1), Fla. Const.; § 26.02(1), Fla. Stat. (1993); Fla. R.App.P. 9.030(b)(1)(a). Section 827.04(2) provides: Whoever, willfully or by culpable negligence, deprives a child of, or allows a child to be deprived of, necessary food, clothing, shelter, or medical treatment, or who, knowingly or by culpable negligence, inflicts or perm...
...The information in this case alleged that the appellee did knowingly or by culpable negligence inflict or permit infliction of physical or mental injury to a child by striking, pinching, and pulling her hair. The appellee filed a motion to dismiss the information on the grounds that section 827.04(2) was unconstitutional because it was vague and overbroad in that it failed to define a criminal offense with sufficient definiteness to allow an ordinary person to understand what conduct is prohibited and it violated the appellee's due process rights. The appellee also alleged the statute impinged on the appellee's right to privacy and his right to raise and reasonably discipline his children without unreasonable interference from the state. The trial court held that section 827.04(2) was unconstitutional because the term "physical injury" was vague and overbroad in that it did not inform a person of common understanding what conduct is proscribed, and it subjects parents to criminal prosecution for the lawful use of corporal punishment....
...In determining whether a statute is vague, courts must use common sense and reason, and where the statute does not specifically define words of common usage, those words must be given their plain and ordinary meaning. Id. In this case we are asked to consider the meaning of "physical injury" as that term is used in section 827.04(2)....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 1995 WL 407455
...motional health to be significantly impaired shall be guilty of a misdemeanor of the second degree." [e.s.] See Ch. 77-429, § 2, Laws of Florida. In the following year, an entirely different statute called the "simple criminal child abuse" statute, section 827.04(2), Florida Statutes (1975), was challenged in State v....
...t, or who, knowingly or by culpable negligence, permits the physical or mental health of the child to be materially endangered, shall be guilty of a misdemeanor * * *." The defendants argued in the supreme court that Winters supported a finding that section
827.04(2) was unconstitutional for the same reasons. But the supreme court rejected that argument and distinguished Winters, saying: "Our decision in Winters, however, does not support the determination of the county courts that Section
827.04(2), the child abuse statute, is unconstitutional. The basis for our holding there was that the negligent treatment statute [§ 827.05] made criminal acts of simple negligence conduct which was neither willful nor culpably negligent. Section
827.04(2), in contrast, requires willfulness (scienter) or culpable negligence. The Winters court was careful to distinguish Section
827.04(2) on *598 this basis. * * * The requirement of willfulness (scienter) or culpable negligence in Section
827.04(2), therefore, avoids the infirmity found in Winters with respect to Section 827.05 that unintentional acts or conduct which is not the product of culpable negligence might be proscribed by the statute."
361 So.2d at 407. After concluding that section
827.04(2) was not invalid, the court added the following about Winters: "We recognize that * * * Winters also faulted the negligent treatment statute on the grounds that the term `necessary' failed to provide a guideline for determining what,...
...Plainly, these words do not address the lack of willfulness, scienter, or mens rea. One might suppose that the legislature believed that the same conduct, with the willfulness or culpable negligence requirements, was already covered by the simple child abuse statute, section 827.04(2), construed in Joyce....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2004 WL 42619
...in Orange County, Florida, J.D.S. gave birth by cesarean section to a baby girl known as Baby S. 2. Baby S weighed 6 pounds, 7 ounces and her length was 21½ inches. [6] §
744.102(8), Fla. Stat. (2003). [7] §
744.102(19), Fla. Stat. (2003). [8] §
768.19, Fla. Stat. (1993). [9] §
827.04(1), Fla....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal
a person over twenty-one is a violation of section
827.04(3), Florida Statutes (2013), and is part of
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 1997 WL 194744
...child under the age of 18. In its written order, the court reiterated that the state had not proven carnal intercourse or interference with custody as charged in the affidavit of violation, but held that Martin violated a separate criminal statute, section 827.04(3), Florida Statutes (1995), by contributing to the delinquency of a child....
...of probation. Harrington v. State,
570 So.2d 1140, 1142 (Fla. 4th DCA 1990); Butler v. State,
450 So.2d 1283 (Fla. 2d DCA 1984). Therefore, the court erred in enhancing probation since the affidavit of violation failed to allege that Martin violated section
827.04(3), by contributing to the delinquency of a minor....
CopyCited 2 times | Published | Supreme Court of Florida | 1996 WL 182808
...The following year, the Court clarified its holding in Winters, explaining that section 827.05 was unconstitutionally vague because it criminalized the negligent treatment of children without adequate guidelines. State v. Joyce,
361 So.2d 406, 407 (Fla.1978) (in the face of a vagueness challenge, the Court upheld section
827.04(2), Florida's simple criminal child abuse statute, which prohibits the willful or culpably negligent deprivation of necessary food, clothing, shelter or medical treatment)....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2008 WL 1968313
...tion of familial or custodial authority in violation of sections
794.011(8)(b) and
777.04, Florida Statutes (2005), for contributing to the delinquency of a child by an act causing or tending to cause the child to become a delinquent in violation of section
827.04(1)(a), and for using a computer to facilitate or solicit the sexual conduct of a child in violation of section
847.0135(2)....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 14 Fla. L. Weekly 764
...Petitioner asks this court to grant an emergency writ of habeas corpus after the trial court denied her motion for reduction of pretrial bond. We grant the petition, quash the order denying her motion for reduction of bond, and remand for a new bond reduction hearing. Petitioner is charged with a violation of section 827.04(1) Florida Statutes (1987) for child abuse of her three-year-old daughter, a third-degree felony punishable by a maximum of five years incarceration....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2009 Fla. App. LEXIS 10124
dependent child or a child in need of services.” §
827.04, Fla. Stat. (2006). However, the statute for felony
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2000 WL 1161915
...Under Florida law, the failure to act where one has a legal duty to act may constitute culpable negligence. See e.g., Leet v. State,
595 So.2d 959 (Fla. 2d DCA 1991)(failure to protect child from *867 abuse despite clear indications that child was being abused subjected defendant to criminal sanctions under section
827.04(1), Florida Statutes)....
...uch a person is properly brought to the attention of the legislature. The state relies on Leet v. State,
595 So.2d 959 (Fla. 2d DCA 1991) wherein the Second District held that a jury could properly determine that the defendant had a legal duty under section
827.04(1), Florida Statutes to protect his girlfriend's child from the girlfriend's acts of abuse and that his failure to do so constituted culpable negligence. Section
827.04(1) provided: Whoever, willfully or by culpable negligence, deprives a child of, or allows a child to be deprived of, necessary food, clothing, shelter, or medical treatment, or who, knowingly or by culpable negligence, inflicts or perm...
...The evidence established that the defendant allowed his girlfriend and her one year old son to move into his home on a permanent basis and that the defendant cared for the child at times. There was clear evidence that the girlfriend abused her son and that the defendant did nothing. Leet is predicated on section 827.04(1) which by use of the word "whoever" includes within its coverage anyone, not just a parent, who knowingly or by culpable negligence, permits the infliction of physical or mental injury to a child....
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Apr 19, 2024
the delinquency of a child, in violation of section
827.04(1)(a). That is plainly not a sex offense
CopyPublished | Florida 5th District Court of Appeal
of a child, a misdemeanor, in violation of section
827.04, Florida Statutes (2003). 1 The
CopyPublished | Florida 2nd District Court of Appeal | 17 Fla. L. Weekly Fed. D 2366
...of marijuana or drug paraphernalia. Thus we strike from the order the first and third violations. Turning to the conduct relied upon as the second ground for revoking Sheila's probation, we find that the proof does not describe behavior regulated by section 827.04(3), the statute condemning criminal action contributing to the delinquency of a minor....
...3541,
77 L.Ed.2d 1391 (1983); Rita v. State,
470 So.2d 80 (Fla. 1st DCA), rev. den.,
480 So.2d 1296 (Fla. 1985). Accordingly, we reverse and vacate the revocation order and remand for the trial court to restore Sheila to probation. DANAHY, A.C.J., and PARKER, J., concur. NOTES [1] Section
827.04(3), Florida Statutes (1989), provides in pertinent part: 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, as defined unde...
CopyPublished | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 14333
the offense of misdemeanor child abuse under section
827.04(2), Florida Statutes (1995). We agree with
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 1260, 1987 Fla. App. LEXIS 8257
appellant guilty of child abuse, a violation of section
827.04(1), Florida Statutes (1985). The recommended
CopyPublished | District Court of Appeal of Florida | 1993 Fla. App. LEXIS 3806, 18 Fla. L. Weekly Fed. D 791
defendant guilty of third-degree felony child abuse, §
827.04(1), Fla.Stat. (1989), and sentenced defendant
CopyPublished | District Court of Appeal of Florida
alleged that Boyd committed misdemeanors. See §
827.04(1)(a), Fla. Stat. Pursuant to a plea agreement
CopyPublished | Supreme Court of Florida | 2016 WL 3450481
OR TO CHILD [~IN NEED OF SERVICES] ■ " • §
827.04(31), Fla. Stat. To prove the crime of Contributing
CopyPublished | Florida 5th District Court of Appeal | 2011 Fla. App. LEXIS 8818, 2011 WL 2268959
...The trial court did not err by denying the defendant's pretrial motion to dismiss the two manslaughter counts and, therefore, the defendant's judgments and sentences on the misdemeanor counts are affirmed. AFFIRMED. EVANDER and COHEN, JJ., concur. NOTES [1] See §
856.015, Fla. Stat. (2008). [2] See §
827.04(1)(a), Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2009 WL 2194513
...To commit the offense of contributing to the delinquency or dependency of a child, one must commit an 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." § 827.04, Fla....
...tegory two lesser-included offense of felony child abuse, as charged, we reverse and remand for proceedings consistent with this opinion. Reversed and remanded. SILBERMAN and CRENSHAW, JJ., Concur. NOTES [1] See §
827.03, Fla. Stat. (2006). [2] See §
827.04, Fla....
CopyPublished | Florida 3rd District Court of Appeal
...Before BARKDULL, HUBBART and NESBITT, JJ. NESBITT, Judge. Defendant appeals his conviction for: (1) lewd and lascivious assault upon a child under the age of fourteen as denounced by Section
800.04, Florida Statutes (1977); and (2) child abuse as condemned by Section
827.04, Florida Statutes (1977)....
CopyPublished | Florida 3rd District Court of Appeal | 1990 WL 2074
...e are either invalid or unsupported by the record. Defendant contends that the trial court's first two reasons for departure, i.e., coercion of a minor and impersonation of a police officer, are invalid because they constitute separate crimes, see §§
827.04(3) and
843.08, Fla....
...State,
500 So.2d 501, 502-03 (Fla. 1986); accord McIntyre v. State,
539 So.2d 603, 604 n. 1 (Fla. 3d DCA 1989). In the present case coercing the minor to participate in the home invasion robbery was chargeable as contributing to the delinquency of a minor. See §
827.04(3), Fla....
CopyPublished | District Court of Appeal of Florida
a person over twenty-one is a violation of section
827.04(3), Florida Statutes (2013), and is part of
CopyPublished | Supreme Court of Florida | 2012 WL 399879
PERSON 21 OR OLDER IMPREGNATING CHILD UNDER 16 §
827.04(3), Fla.Stat. To prove the crime of Contributing
CopyAgo (Fla. Att'y Gen. 1997).
Published | Florida Attorney General Reports
abuse or neglect, except those solely under section
827.04(3), Florida Statutes,6 be made to the department's
CopyPublished | District Court, N.D. Florida | 2006 U.S. Dist. LEXIS 65293, 2006 WL 2528765
...A person "24 years of age or older who engages in sexual activity with a person 16 or 17 years of age commits a felony of the second degree." §
794.05(1). 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." §
827.04(3)....
CopyPublished | District Court of Appeal of Florida | 1979 Fla. App. LEXIS 15973
contribu*831ting to the delinquency of a minor under Section
827.04(3), Florida Statutes (1977). Here, however
CopyPublished | Florida 4th District Court of Appeal | 2003 WL 1970335
...9.4085(2), (3). Additionally, although we do not read section
61.403 in pari materia with chapter 39 such as to authorize a guardian ad litem to obtain confidential psychotherapist/patient records, we note that the supreme court, in deciding whether section
827.04(1)(a), Florida Statutes, which prohibits contributing to the delinquency of a minor, was unconstitutionally vague, looked not only to the language of chapter 827, but to chapters 39, 984, and 985 because they "have identical underlying purposes." State v....
