Home
Menu
Call attorney Graham Syfert at 904-383-7448
Personal Injury Lawyer
Florida Statute 827.04 | Lawyer Caselaw & Research
F.S. 827.04 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 827.04

The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 827
ABUSE OF CHILDREN
View Entire Chapter
F.S. 827.04
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.

F.S. 827.04 on Google Scholar

F.S. 827.04 on Casetext

Amendments to 827.04


Arrestable Offenses / Crimes under Fla. Stat. 827.04
Level: Degree
Misdemeanor/Felony: First/Second/Third

S827.04 1 - CRUELTY TOWARD CHILD - REPEALED 1996 GREAT HARM PHYSICAL MENTAL INJ - F: T
S827.04 1 - CONTRIB DELINQ MINOR - REMOVED - M: F
S827.04 1 - NEGLECT CHILD - REPEALED 1996 GREAT HARM DEPRIVE ALLOW - F: T
S827.04 1a - CONTRIB DELINQ MINOR - CAUSE TO BECOME DELINQ DEPENDENT NEEDY - M: F
S827.04 1b - CONTRIB DELINQ MINOR - CAUSE CHILD COMMIT ACT OF DELINQ DEPEND NEED - M: F
S827.04 2 - CRUELTY TOWARD CHILD - REPEALED 1996 PHYSICAL OR MENTAL INJURE CHILD - M: F
S827.04 2 - NEGLECT CHILD - REPEALED 1996 DEPRIVE OR ALLOW DEPRIVATION - M: F
S827.04 3 - CRUELTY TOWARD CHILD - OVER 21 IMPREGNATE CHILD UNDER 16 CHILD ABUSE - F: T



Annotations, Discussions, Cases:

Cases from cite.case.law:

IN INTEREST OF X. W. a Ad v. C. W., 255 So. 3d 882 (Fla. App. Ct. 2018)

. . . Impregnation of a minor under sixteen by a person over twenty-one is a violation of section 827.04(3) . . .

LAZARD, v. STATE, 229 So. 3d 439 (Fla. Dist. Ct. App. 2017)

. . . later pled guilty to contributing to the dependency of a child, a misdemeanor, in violation of section 827.04 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 195 So. 3d 356 (Fla. 2016)

. . . 16.4 CONTRIBUTING TO CHILD [DELINQUENCY] OR — [DEPENDENCY] OR TO CHILD [~IN NEED OF SERVICES] ■ " • § 827.04 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 190 So. 3d 614 (Fla. 2016)

. . . None_•_^___ Contributing to the dependency of a ■ 827.04(1)' 16.4 '_ minor___ Battery; only under certain . . .

UNITED STATES v. BILUS,, 626 F. App'x 856 (11th Cir. 2015)

. . . . § 827.04(1 )(a) (alteration supplied). .The Florida statute defining the offense of Traveling to Meet . . .

PROMEGA CORPORATION, E. V. v. LIFE TECHNOLOGIES CORPORATION, IP LLC,, 773 F.3d 1338 (Fed. Cir. 2014)

. . . that such individual shall engage in prostitution”) (emphasis added)); child delinquency (FL Act § 827.04 . . .

CAMPBELL, v. WARDEN, FCC COLEMAN- MEDIUM,, 595 F. App'x 839 (11th Cir. 2014)

. . . . § 827.04(1) (1995), the district court noted in Campbell’s initial § 2255 proceedings that the child-abuse . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 152 So. 3d 475 (Fla. 2014)

. . . None Contributing to the dependency of a 827.04(1) 16.4 minor Battery; only under certain circum- 784.03 . . .

RAMIREZ, v. STATE, 133 So. 3d 648 (Fla. Dist. Ct. App. 2014)

. . . against a victim under s. 794.011; s. 794.05; s. 800.04; s. 826.04; s. 827.03, involving sexual abuse; s. 827.04 . . .

IBARRA, v. H. HOLDER, Jr., 736 F.3d 903 (10th Cir. 2013)

. . . . § 827.04 (West, Westlaw through Sept. 1996 legislation); Missouri: Mo.Rev. . . .

IBARRA, v. H. HOLDER, Jr., 721 F.3d 1157 (10th Cir. 2013)

. . . . § 827.04 (West, Westlaw through Sept. 1996 legislation); Missouri: Mo.Rev. . . .

MONTGOMERY, v. STATE, 112 So. 3d 781 (Fla. Dist. Ct. App. 2013)

. . . Specifically, Montgomery pleaded no contest to both counts of the information: (1) a violation of section 827.04 . . .

RODRIGUEZ, v. STATE, 112 So. 3d 744 (Fla. Dist. Ct. App. 2013)

. . . .§ 827.04(l)(a). . . .

NORRIS, v. STATE, 98 So. 3d 230 (Fla. Dist. Ct. App. 2012)

. . . that the court relied on the elements of an unrelated statute, section 562.11(l)(a)l., and not section 827.04 . . . contributed to the delinquency of a minor and remand for consideration of this issue under section 827.04 . . . If the trial court finds no violation of section 827.04(3), it is directed to consider whether Appellant . . .

MOULTON, v. STATE, 113 So. 3d 866 (Fla. Dist. Ct. App. 2012)

. . . (2007), lewd or lascivious exhibition, § 800.04(7), and contributing to the delinquency of child, § 827.04 . . . Stat. (2007), and three counts of contributing to the delinquency of a child, § 827.04(1). . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 87 So. 3d 679 (Fla. 2012)

. . . in 2011. 16.4(a) CONTRIBUTING TO CHILD DEPENDENCY, PERSON 21 OR OLDER IMPREGNATING CHILD UNDER 16 § 827.04 . . .

SANTARELLI, v. STATE, 62 So. 3d 1211 (Fla. Dist. Ct. App. 2011)

. . . See § 827.04(l)(a), Fla. Stat. (2008). .See § 782.07(1), Fla. Stat. (2008). . . . .

CHISOLM, v. STATE, 58 So. 3d 304 (Fla. Dist. Ct. App. 2011)

. . . be convicted of contributing to the dependency of a child, a first-degree misdemeanor under section 827.04 . . . could charge the parent with contributing to the dependency of a minor [a misdemeanor under section 827.04 . . . [I]f a parent can be charged with the misdemeanor offense under section 827.04 when a spanking results . . . but instead may constitute the misdemeanor of contributing to the dependency of a child under section 827.04 . . .

OQUENDO, v. STATE, 24 So. 3d 746 (Fla. Dist. Ct. App. 2009)

. . . performance of a child and contributing to the delinquency of a minor, in violation of sections 827.071 and 827.04 . . .

A. D. v. STATE, 15 So. 3d 831 (Fla. Dist. Ct. App. 2009)

. . . .” § 827.04, Fla. Stat. (2006). . . . See § 827.04, Fla. Stat. (2006). . . .

HOBBS, v. STATE, 999 So. 2d 1025 (Fla. 2008)

. . . against a victim under s. 794.011; s. 794.05; s. 800.04; s. 826.04; s. 827.03, involving sexual abuse; s. 827.04 . . .

ERWIN, v. STATE, 983 So. 2d 58 (Fla. Dist. Ct. App. 2008)

. . . child by an act causing or tending to cause the child to become a delinquent in violation of section 827.04 . . .

STATE v. RICHARDSON,, 963 So. 2d 267 (Fla. Dist. Ct. App. 2007)

. . . Florida Statutes (2000), and contributing to the delinquency or dependency of a child pursuant to section 827.04 . . .

UNITED STATES v. GLASCO, a. k. a. a. k. a. a. k. a. a. k. a. A. a. k. a., 223 F. App'x 951 (11th Cir. 2007)

. . . . § 827.04 (1994) is not a crime of violence; (b) that the district court erred when it applied a four-level . . . Stat. § 827.04 (1994). . . . Stat. § 827.04(1) (1994). . . .

CZAPLA, v. STATE, 957 So. 2d 676 (Fla. Dist. Ct. App. 2007)

. . . .2d at 1019, he explained that if a parent can be charged with the misdemeanor offense under section 827.04 . . .

GALINDEZ, v. STATE, 955 So. 2d 517 (Fla. 2007)

. . . See §§ 800.04, 827.04(3), Fla. Stat. (1997). . . .

HERNANDEZ, v. STATE, 946 So. 2d 1270 (Fla. Dist. Ct. App. 2007)

. . . against a victim under s. 794.011; s. 794.05; s. 800.04; s. 826.04; s. 827.03, involving sexual abuse; s. 827.04 . . .

WOMANCARE OF ORLANDO, INC. L. M. D. A s R. M. D. v. O. AGWUNOBI,, 448 F. Supp. 2d 1309 (N.D. Fla. 2006)

. . . .” § 827.04(3). . . . .

HORTON, v. FREEMAN, 917 So. 2d 1064 (Fla. Dist. Ct. App. 2006)

. . . three counts: negligent care, negligent supervision, and negligence per se for violation of section 827.04 . . .

K. BRADLEY, v. STATE, 918 So. 2d 337 (Fla. Dist. Ct. App. 2005)

. . . against a victim under s. 794.011; s. 794.05; s. 800.04; s. 826.04; s. 827.03, involving sexual abuse; s. 827.04 . . .

HUBBARD, v. STATE, 912 So. 2d 629 (Fla. Dist. Ct. App. 2005)

. . . Statutes (2000); and (3) child abuse by impregnating a child younger than 16 in violation of section 827.04 . . .

E. KING, v. STATE, 903 So. 2d 954 (Fla. Dist. Ct. App. 2005)

. . . constitute contributing to the dependency of a child, which is a first-degree misdemeanor under section 827.04 . . . explained in McDonald, this construction is the only way to reconcile section 827.03(1) with section 827.04 . . . The State did not charge King with a violation of section 827.04, Florida Statutes (2001). . . . .

KITO, v. STATE, 888 So. 2d 114 (Fla. Dist. Ct. App. 2004)

. . . of a conviction for contributing to the delinquency or dependency of a child in violation of section 827.04 . . . Kito was charged under section 827.04(l)(a), which finds that any person who “[cjommits any act which . . .

In GUARDIANSHIP OF J. D. S. v., 864 So. 2d 534 (Fla. Dist. Ct. App. 2004)

. . . . § 827.04(1), Fla. Stat. (1987). . § 744.3215(4)(e), Fla. Stat. (2003). . § 744.3725, Fla. . . .

ELLIS, v. STATE, 855 So. 2d 101 (Fla. Dist. Ct. App. 2003)

. . . 5, 6, and 7) and remanded for entry of convictions for simple child abuse “as proscribed by section 827.04 . . . of the written judgment as to these counts to reflect the proper offense statute number of section 827.04 . . . six convictions under section 827.03 as level four offenses and his three convictions under section 827.04 . . . on the three simple child abuse convictions rather than the proper offense statute number of section 827.04 . . . Judgment counts 5, 6, and 7 must be corrected to reflect an offense statute number of section 827.04( . . .

S. C. a v. GUARDIAN AD LITEM,, 845 So. 2d 953 (Fla. Dist. Ct. App. 2003)

. . . confidential psychotherapist/patient records, we note that the supreme court, in deciding whether section 827.04 . . .

STATE v. HARRINGTON,, 838 So. 2d 1230 (Fla. Dist. Ct. App. 2003)

. . . against a victim under s. 794.011; s. 794.05; s. 800.04; s. 826.04; s. 827.03, involving sexual abuse; s. 827.04 . . .

RAFORD, v. STATE, 828 So. 2d 1012 (Fla. 2002)

. . . The court reasoned: Section 827.04(2), is violated when a person allows a child to be deprived of necessary . . . physical or mental injury to a child could be found guilty of misdemeanor child abuse under section 827.04 . . . See Ch. 96-322, Laws of Florida; 827.04(2), Fla. Stat. (1995). . . . In chapter 96-322, section 10, Laws of Florida, section 827.04 was rewritten to describe the crime of . . . The Fourth District interpreted the 1988 legislative changes to section 827.04, substituting “inflicts . . .

DUFRESNE, v. STATE, 826 So. 2d 272 (Fla. 2002)

. . . Fuchs, 769 So.2d 1006 (Fla.2000), holding that section 827.04(l)(a), which failed to define the terms . . . The defendant had been charged with violating section 827.04(l)(a), which makes it a misdemean- or to . . . The defendant asserted that section 827.04(l)(a) was unconstitutionally vague because the statute did . . . The Fifth District answered the certified question in the affirmative, thereby finding section 827.04 . . . Prior to 1996, section 827.04, Florida Statutes (1995), provided in pertinent part: (3) Any person who . . .

UNITED STATES v. MALMSBERRY,, 222 F. Supp. 2d 1345 (M.D. Fla. 2002)

. . . . § 827.04] in Brevard County, Florida.... . . . Stat. § 827.04, the government must prove that the defendant either 1.) committed an act which caused . . . Stat. § 827.04; see also Fla. Standard Crim. Jury Instruction No. 231. . . .

PETERSON, v. STATE, 810 So. 2d 1095 (Fla. Dist. Ct. App. 2002)

. . . against a victim under s. 794.011; s. 794.05; s. 800.04; s. 826.04; s. 827.03, involving sexual abuse; s. 827.04 . . .

STATE v. ALEXANDER,, 789 So. 2d 1201 (Fla. Dist. Ct. App. 2001)

. . . the charge against appellant of contributing to the delinquency of a child in violation of section 827.04 . . .

MORRIS, v. STATE, 789 So. 2d 1032 (Fla. Dist. Ct. App. 2001)

. . . See § 827.04(1), Fla. . . .

STATE v. McDONALD,, 785 So. 2d 640 (Fla. Dist. Ct. App. 2001)

. . . It concluded that the statutory scheme then existing in sections 827.03 and 827.04, Florida Statutes . . . In chapter 96-322, section 10, Laws of Florida, section 827.04 was rewritten to describe the crime of . . . We conclude that if a parent can be charged with the misdemeanor offense under section 827.04 when a . . . corporal punishment that falls between the level of abuse required to establish the offense in section 827.04 . . . discipline by a parent, we have difficulty distinguishing between the misdemeanor described in section 827.04 . . .

STATE v. DuFRESNE,, 782 So. 2d 888 (Fla. Dist. Ct. App. 2001)

. . . Riker, 376 So.2d 862 (Fla.1979), in which the 1977 version of the child abuse statute, section 827.04 . . . In Fuchs the defendant was charged with violating section 827.04(l)(a), Florida Statutes (1997), which . . . question to the Fifth District Court of Appeal as one of great public importance: Whether Florida Statute 827.04 . . .

RAFORD, v. STATE, 792 So. 2d 476 (Fla. Dist. Ct. App. 2001)

. . . The Kama court arrived at that conclusion because, under [then numbered] section 827.04, third degree . . . 1987, the legislature amended third degree felony and misdemeanor child abuse, as defined in section 827.04 . . . In 1996, the legislature eliminated misdemeanor child abuse by moving it from section 827.04(2), Florida . . . The legislature also made abuse where great bodily harm is inflicted, section 827.04(1), Florida Statutes . . .

BARNETTE, v. STATE, 768 So. 2d 1246 (Fla. Dist. Ct. App. 2000)

. . . Fuchs, 751 So.2d 603 (Fla. 5th DCA 1999), which held section 827.04(1)(a), Florida Statutes unconstitutional . . . The other issues raised by appellant relate to his conviction for violating subsection 827.04(1), Florida . . .

STATE v. VELTRE,, 768 So. 2d 1211 (Fla. Dist. Ct. App. 2000)

. . . Section 827.04(l)(a) is not unconstitutionally vague. See State v. . . .

STATE v. FUCHS,, 769 So. 2d 1006 (Fla. 2000)

. . . Fuchs, 751 So.2d 603 (Fla. 5th DCA 1999), declaring section 827.04(1)(a), Florida Statutes (1997), unconstitutionally . . . For the reasons outlined below, we reverse the district court’s decision and hold that section 827.04 . . . 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. Stat. (1977)); Bell v. . . . Accordingly, we hold that section 827.04(1)(a) is not unconstitutionally vague. . . .

PETERSON, v. STATE, 765 So. 2d 861 (Fla. Dist. Ct. App. 2000)

. . . clear indications that child was being abused subjected defendant to criminal sanctions under section 827.04 . . . District held that a jury could properly determine that the defendant had a legal duty under section 827.04 . . . Section 827.04(1) provided: Whoever, willfully or by culpable negligence, deprives a child of, or allows . . . Leet is predicated on section 827.04(1) which by use of the word “whoever” includes within its coverage . . .

MUNIZ, v. STATE, 764 So. 2d 729 (Fla. Dist. Ct. App. 2000)

. . . Stat. (1997); contributing to the dependency of a minor, see § 827.04(1)(a), Fla. . . .

WILLIAMS, v. STATE, 779 So. 2d 389 (Fla. Dist. Ct. App. 2000)

. . . Antonio Williams appeals his conviction and sentence of one count of child abuse in violation of section 827.04 . . . He bases his argument on the fact that although section 827.04(1) is listed as a level seven offense, . . .

SIENIARECKI, v. STATE, 756 So. 2d 68 (Fla. 2000)

. . . was unconstitutional, reasoning: Appellees contend that the county courts’ invalidation of Section 827.04 . . . decision in Winters, however, does not support the determination of the county courts that Section 827.04 . . . 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. . . . The requirement of willfulness (scienter) or culpable negligence in Section 827.04(2), therefore, avoids . . .

BARNETTE, v. STATE, 756 So. 2d 1069 (Fla. Dist. Ct. App. 2000)

. . . The other issues raised by appellant relate to his conviction for violating subsection 827.04(1), Florida . . .

WILSON, v. STATE OF FLORIDA,, 744 So. 2d 1237 (Fla. Dist. Ct. App. 1999)

. . . See Ch.96-322, Laws of Florida; 827.04(2), Fla. Stat. (1995). . . .

ELLIS v. STATE, 744 So. 2d 583 (Fla. Dist. Ct. App. 1999)

. . . counts 8, 9 and 10 and remand for the trial court to enter judgments for child abuse under section 827.04 . . .

N. FOBURG, v. STATE, 744 So. 2d 1175 (Fla. Dist. Ct. App. 1999)

. . . the minors C.U., M.A., and T.A. to become delinquent by giving them alcohol, in violation of section 827.04 . . .

MARKHAM, v. STATE, 745 So. 2d 403 (Fla. Dist. Ct. App. 1999)

. . . See §§ 775.082(4)(a); 827.04(2), Fla. Stat. (1993). . . .

STATE v. FUCHS,, 751 So. 2d 603 (Fla. Dist. Ct. App. 1999)

. . . Fuchs filed a motion to dismiss the information on the ground that section 827.04(1)(a), Florida Statutes . . . There is little doubt that these terms in section 827.04(1) are intended to be understood as terms of . . . 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(l)(a) used to include the . . . The previous statute, section 827.04(3), Florida Statutes (1995), provided: (3) Any person who commits . . .

EVERSLEY, v. STATE, 748 So. 2d 963 (Fla. 1999)

. . . . § 827.04(1) — (2), Fla.Stat. (1995). See generally Nicholson v. . . . State, 595 So.2d 959, 964 (Fla. 2d DCA 1991) (“Section 827.04 applies to acts of omission as well as . . .

KOBEL, v. STATE, 745 So. 2d 979 (Fla. Dist. Ct. App. 1999)

. . . The case might also have been charged as child abuse under section 827.04(3), Florida Statutes (1993) . . .

D. DUER, v. STATE, 733 So. 2d 1084 (Fla. Dist. Ct. App. 1999)

. . . . § 827.04(3), Fla. Stat. (1993). . . .

A. J. a v. STATE, 721 So. 2d 761 (Fla. Dist. Ct. App. 1998)

. . . juvenile, challenges her withheld adjudication on the offense of misdemeanor child abuse under section 827.04 . . . child abuse but found that there was prima facie evidence of misdemeanor child abuse under section 827.04 . . . State, 561 So.2d 384 (Fla. 2d DCA 1990) (child abuse by culpable negligence under section 827.04(1) not . . . Even if child abuse by culpable negligence pursuant to section 827.04(2) were a lesser-included offense . . .

DOPSON, v. STATE, 719 So. 2d 37 (Fla. Dist. Ct. App. 1998)

. . . . § 827.04(3), Fla. Slat. (1995). . § 90.410, Fla. Slat. . § 924.051(7), Fla. Slat. . . .

OVERWAY, v. STATE, 718 So. 2d 308 (Fla. Dist. Ct. App. 1998)

. . . Defendant requested a jury instruction on the crime, of misdemeanor child abuse as defined in section 827.04 . . . defendant requested a jury instruction on the crime of misdemeanor child abuse which is defined as: 827.04 . . . culpable negligence, inflicts or permits the infliction of physical or mental injury to the child.... § 827.04 . . . Stat. (1995). . § 827.04(2), Fla. Stat. (1995). . . . .

ELLIS v. STATE, 714 So. 2d 1160 (Fla. Dist. Ct. App. 1998)

. . . three counts and direct the trial court on remand to enter judgments for child abuse under section 827.04 . . . 1995), the alleged illegal conduct is squarely encompassed within the conduct proscribed by section 827.04 . . . The body of the information describes only conduct that falls within section 827.04(1). . . . , and direct the trial court on remand to enter judgments for child abuse, as proscribed by section 827.04 . . . Section 827.04(1), Florida Statutes (1995), provides: Child Abuse.— (1) Whoever, willfully or by culpable . . .

McCANN, v. STATE, 711 So. 2d 1290 (Fla. Dist. Ct. App. 1998)

. . . The case might also have been charged as child abuse under section 827.04(3), Florida Statutes (1993) . . .

In REYNOLDS, AT T UNIVERSAL CARD SERVICES CORP. v. REYNOLDS, In L. DAWSON, AT T UNIVERSAL CARD SERVICES CORP. v. L. DAWSON,, 221 B.R. 828 (Bankr. N.D. Ala. 1998)

. . . debtor exceeded his $5,000.00 credit limit within a 14-day period with a resulting minimum payment of $827.04 . . .

UNITED STATES v. M. GASKELL,, 134 F.3d 1039 (11th Cir. 1998)

. . . the Gaskells with inflicting physical and mental injury on Doe in violation of Florida Statutes §§ 827.04 . . . inflicted and permitted the infliction of physical injuries and mental injury to Doe, in violation of §~ 827.04 . . .

STATE v. EVERSLEY,, 706 So. 2d 1363 (Fla. Dist. Ct. App. 1998)

. . . See, e.g., § 827.04, Fla. Stat. . . . or allows a child to be deprived of medical treatment, and in so doing causes great bodily harm. § 827.04 . . .

DUER, v. STATE, 701 So. 2d 1273 (Fla. Dist. Ct. App. 1997)

. . . . § 827.04, Fla. Stat. (1995). . . .

S. FREUND, v. A. BUTTERWORTH,, 117 F.3d 1543 (11th Cir. 1997)

. . . Stat. ch. 827.04(2) (1983), or for encouraging Angelilli to follow a course of conduct that could cause . . . Stat. ch. 827.04(3) (1983). . . . .

SUGGS, v. STATE, 693 So. 2d 1156 (Fla. Dist. Ct. App. 1997)

. . . to correct the final judgment to reflect that appellant was convicted of subsection (2) of section 827.04 . . .

STATE v. A. ELLIS,, 722 So. 2d 824 (Fla. Dist. Ct. App. 1997)

. . . deposition, she was charged with perjury in an official proceeding (§ 837.02(1)) and child abuse (§ 827.04 . . .

E. MARTIN, v. STATE, 691 So. 2d 1204 (Fla. Dist. Ct. App. 1997)

. . . charged in the affidavit of violation, but held that Martin violated a separate criminal statute, section 827.04 . . . enhancing probation since the affidavit of violation failed to allege that Martin violated section 827.04 . . .

STATE v. T. MINCEY,, 672 So. 2d 524 (Fla. 1996)

. . . Joyce, 361 So.2d 406, 407 (Fla.1978) (in the face of a vagueness challenge, the Court upheld section 827.04 . . .

STATE v. E. AYERS, STATE v. TRAVERSA, HAMMOND, v. STATE E. MOULTON, v. STATE, 665 So. 2d 296 (Fla. Dist. Ct. App. 1995)

. . . This crime is distinct from section 827.04(2), Florida Statutes (1993), a first-degree misdemeanor punishing . . . guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. § 827.04 . . .

STATE v. T. MINCEY,, 658 So. 2d 597 (Fla. Dist. Ct. App. 1995)

. . . The defendants argued in the supreme court that Winters supported a finding that section 827.04(2) was . . . 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. * * * The requirement of . . . -willfulness (scienter) or culpable negligence in Section 827.04(2), therefore, avoids the infirmity . . . After concluding that section 827.04(2) was not invalid, the court added the following about Winters: . . .

STATE v. F. BLEY,, 652 So. 2d 1159 (Fla. Dist. Ct. App. 1995)

. . . The State of Florida appeals an order which found that section 827.04(2), Florida Statutes (1993), was . . . County Court of Pasco County with child abuse, a first degree misdemeanor, in violation of section 827.04 . . . filed a motion to dismiss the information which had been filed against him on the ground that section 827.04 . . . Section 827.04(2) provides: Whoever, willfully or by culpable negligence, deprives a child of, or allows . . . The trial court held that section 827.04(2) was unconstitutional because the term “physical injury” was . . .

STATE v. MANFREDONIA D., 649 So. 2d 1388 (Fla. 1995)

. . . See § 827.04(3), Fla. Stat. (1993). . . .

HABIE, v. E. KRISCHER, C., 642 So. 2d 138 (Fla. Dist. Ct. App. 1994)

. . . 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 . . .

L. BOYCE Jr. v. STATE, 638 So. 2d 98 (Fla. Dist. Ct. App. 1994)

. . . Boyce is challenging her convictions for two counts of child' abuse (Counts I and VII) under section 827.04 . . . physical or mental injury to the child; and (3) causing great bodily harm or permanent disability. § 827.04 . . .

JAFRANCOIS, v. STATE, 636 So. 2d 720 (Fla. Dist. Ct. App. 1994)

. . . A trial court adjudicated Rosemarie Jaf-rancois guilty of third-degree felony child abuse, § 827.04(1 . . .

STATE v. N. SMITH,, 624 So. 2d 355 (Fla. Dist. Ct. App. 1993)

. . . Joyce addressed the constitutionality of section 827.04(2), Florida Statutes (1975), which defined “simple . . . distinguishing Winters, the court said: Appellees contend that the county courts’ invalidation of Section 827.04 . . . 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_ The requirement of willfulness . . . (scienter) or culpable negligence in Section 827.04(2), therefore, avoids the infirmity found in Winters . . .

DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, STATE OF FLORIDA, v. C. SMITH, III,, 618 So. 2d 379 (Fla. Dist. Ct. App. 1993)

. . . .-04, § 827.03, or § 827.04 who is under 16 years of age must submit to for law enforcement or discovery . . .

JAFRANCOIS, v. STATE, 615 So. 2d 866 (Fla. Dist. Ct. App. 1993)

. . . The court adjudicated defendant guilty of third-degree felony child abuse, § 827.04(1), Fla.Stat. (1989 . . .

BROERS, v. STATE, 606 So. 2d 480 (Fla. Dist. Ct. App. 1992)

. . . revoking Sheila’s probation, we find that the proof does not describe behavior regulated by section 827.04 . . . Section 827.04(3), Florida Statutes (1989), provides in pertinent part: Any person who commits any act . . .

JETT, v. STATE, 605 So. 2d 926 (Fla. Dist. Ct. App. 1992)

. . . . §§ 382.703; 827.04; 827.05, Fla.Stat. (1989). . § 39.40-39.409; §§ 39.46-39.468, Fla.Stat. (1989). . . .

STATE v. KOCH,, 605 So. 2d 519 (Fla. Dist. Ct. App. 1992)

. . . Section 827.04(2), Fla.Stat. (1989). . . .

WORDEN, v. STATE, 603 So. 2d 581 (Fla. Dist. Ct. App. 1992)

. . . Under section 827.04, Florida Statutes (1987), these events could have justified misdemeanor or lesser . . .

HERMANSON v. STATE, 604 So. 2d 775 (Fla. 1992)

. . . 415.503(7)(f), FLORIDA STATUTES (1985), A STATUTORY DEFENSE TO A CRIMINAL PROSECUTION UNDER SECTION 827.04 . . . In summary, we find that sections 827.04(1) and 415.503(7)(f), when considered together, are ambiguous . . . Florida’s child abuse statute, section 827.04(l)-(2), Florida Statutes (1985), provides: (1) Whoever, . . . ever deprived their children of necessary food, clothing or shelter as those terms are used in section 827.04 . . .

STANDARD JURY INSTRUCTIONS- CRIMINAL CASES NO., 603 So. 2d 1175 (Fla. 1992)

. . . -59] CONTRIBUTING TO CHILD DELINQUENCY OR DEPENDENCY OR TO CHILD IN NEED OF SERVICES (Amended) F.S. 827.04 . . . The changes are based on 1990 amendments to F.S. 827.04. . . .

NICHOLSON, v. STATE, 600 So. 2d 1101 (Fla. 1992)

. . . It is true that section 827.04, Florida Statutes (1987), specifically addresses the deprivation of food . . . Section 827.04 provides in pertinent part: (1) Whoever, willfully or by culpable negligence, deprives . . .

BROCKINGTON, v. STATE, 600 So. 2d 29 (Fla. Dist. Ct. App. 1992)

. . . Section 827.04(1), Fla.Stat. (1991). Shé raises three issues, only one of which has merit. . . .

BARBER, v. STATE, 592 So. 2d 330 (Fla. Dist. Ct. App. 1992)

. . . See § 827.04, Fla.Stat. (1987). . . .

LEET, v. STATE, 595 So. 2d 959 (Fla. Dist. Ct. App. 1991)

. . . Section 827.04(1), Florida Statutes (Supp.1988), proscribes both acts of commission and acts of omission . . . Section 827.04(1) describes the class of persons to which it applies as “whoever,” an all encompassing . . . There is no Florida case thus far which has extended the act of omission provision of section 827.04( . . . the same type of infirmities which I have noted in regard to the use of the term "whoever" in section 827.04 . . . . §§ 827.04(1), Fla.Stat. (Supp. 1988), 782.04(4), Fla.Stat. (1987). . . . LEET OWED A DUTY TO PROTECT JOSHUA UNDER SECTION 827.04(1). The state argues that Mr. . . . (Crim.) 827.04. In this case, there is evidence that Mr. . . . (Crim.) 827.04. Apparently, Mr. Leet was never home when Ms. Collins abused Joshua. . . . Section 827.04 applies to acts of omission as well as acts of commission. See. generally State v. . . .

STATE v. GETHERS,, 585 So. 2d 1140 (Fla. Dist. Ct. App. 1991)

. . . Upon being informed against for child abuse by violating section 827.04(1), Florida Statutes (1987), . . . Section 827.04(1), Florida Statutes (1987), provides: (1) Whoever, willfully or by culpable negligence . . .

MENDOZA v. STATE OF FLORIDA, 49 Fla. Supp. 2d 25 (Fla. Cir. Ct. 1991)

. . . The Appellant was charged in a seven count information with committing child abuse in violation of § 827.04 . . .

NICHOLSON, v. STATE, 579 So. 2d 816 (Fla. Dist. Ct. App. 1991)

. . . Deprivation of food is specifically addressed in Section 827.04, Florida Statutes. . . .

STROUD, v. STATE, 576 So. 2d 880 (Fla. Dist. Ct. App. 1991)

. . . the instant case constitutes the crime of contributing to the delinquency of a minor under section 827.04 . . .