The 2024 Florida Statutes
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. . . Impregnation of a minor under sixteen by a person over twenty-one is a violation of section 827.04(3) . . .
. . . later pled guilty to contributing to the dependency of a child, a misdemeanor, in violation of section 827.04 . . .
. . . 16.4 CONTRIBUTING TO CHILD [DELINQUENCY] OR — [DEPENDENCY] OR TO CHILD [~IN NEED OF SERVICES] ■ " • § 827.04 . . .
. . . None_•_^___ Contributing to the dependency of a ■ 827.04(1)' 16.4 '_ minor___ Battery; only under certain . . .
. . . . § 827.04(1 )(a) (alteration supplied). .The Florida statute defining the offense of Traveling to Meet . . .
. . . that such individual shall engage in prostitution”) (emphasis added)); child delinquency (FL Act § 827.04 . . .
. . . . § 827.04(1) (1995), the district court noted in Campbell’s initial § 2255 proceedings that the child-abuse . . .
. . . None Contributing to the dependency of a 827.04(1) 16.4 minor Battery; only under certain circum- 784.03 . . .
. . . 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 . . .
. . . . § 827.04 (West, Westlaw through Sept. 1996 legislation); Missouri: Mo.Rev. . . .
. . . . § 827.04 (West, Westlaw through Sept. 1996 legislation); Missouri: Mo.Rev. . . .
. . . Specifically, Montgomery pleaded no contest to both counts of the information: (1) a violation of section 827.04 . . .
. . . 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 . . .
. . . (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 2011. 16.4(a) CONTRIBUTING TO CHILD DEPENDENCY, PERSON 21 OR OLDER IMPREGNATING CHILD UNDER 16 § 827.04 . . .
. . . See § 827.04(l)(a), Fla. Stat. (2008). .See § 782.07(1), Fla. Stat. (2008). . . . .
. . . 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 . . .
. . . performance of a child and contributing to the delinquency of a minor, in violation of sections 827.071 and 827.04 . . .
. . . .” § 827.04, Fla. Stat. (2006). . . . See § 827.04, Fla. Stat. (2006). . . .
. . . 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 . . .
. . . child by an act causing or tending to cause the child to become a delinquent in violation of section 827.04 . . .
. . . Florida Statutes (2000), and contributing to the delinquency or dependency of a child pursuant to section 827.04 . . .
. . . . § 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). . . .
. . . .2d at 1019, he explained that if a parent can be charged with the misdemeanor offense under section 827.04 . . .
. . . See §§ 800.04, 827.04(3), Fla. Stat. (1997). . . .
. . . 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 . . .
. . . .” § 827.04(3). . . . .
. . . three counts: negligent care, negligent supervision, and negligence per se for violation of section 827.04 . . .
. . . 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 . . .
. . . Statutes (2000); and (3) child abuse by impregnating a child younger than 16 in violation of section 827.04 . . .
. . . 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). . . . .
. . . 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 . . .
. . . . § 827.04(1), Fla. Stat. (1987). . § 744.3215(4)(e), Fla. Stat. (2003). . § 744.3725, Fla. . . .
. . . 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( . . .
. . . confidential psychotherapist/patient records, we note that the supreme court, in deciding whether section 827.04 . . .
. . . 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 . . .
. . . 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 . . .
. . . 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 . . .
. . . . § 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. . . .
. . . 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 . . .
. . . the charge against appellant of contributing to the delinquency of a child in violation of section 827.04 . . .
. . . 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 . . .
. . . 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 . . .
. . . 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 . . .
. . . 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 . . .
. . . Section 827.04(l)(a) is not unconstitutionally vague. See State v. . . .
. . . 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. . . .
. . . 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 . . .
. . . Stat. (1997); contributing to the dependency of a minor, see § 827.04(1)(a), Fla. . . .
. . . 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, . . .
. . . 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 . . .
. . . The other issues raised by appellant relate to his conviction for violating subsection 827.04(1), Florida . . .
. . . See Ch.96-322, Laws of Florida; 827.04(2), Fla. Stat. (1995). . . .
. . . counts 8, 9 and 10 and remand for the trial court to enter judgments for child abuse under section 827.04 . . .
. . . the minors C.U., M.A., and T.A. to become delinquent by giving them alcohol, in violation of section 827.04 . . .
. . . See §§ 775.082(4)(a); 827.04(2), Fla. Stat. (1993). . . .
. . . 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 . . .
. . . . § 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 . . .
. . . The case might also have been charged as child abuse under section 827.04(3), Florida Statutes (1993) . . .
. . . . § 827.04(3), Fla. Stat. (1993). . . .
. . . 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 . . .
. . . . § 827.04(3), Fla. Slat. (1995). . § 90.410, Fla. Slat. . § 924.051(7), Fla. Slat. . . .
. . . 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). . . . .
. . . 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 . . .
. . . The case might also have been charged as child abuse under section 827.04(3), Florida Statutes (1993) . . .
. . . debtor exceeded his $5,000.00 credit limit within a 14-day period with a resulting minimum payment of $827.04 . . .
. . . 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 . . .
. . . 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 . . .
. . . . § 827.04, Fla. Stat. (1995). . . .
. . . 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). . . . .
. . . to correct the final judgment to reflect that appellant was convicted of subsection (2) of section 827.04 . . .
. . . deposition, she was charged with perjury in an official proceeding (§ 837.02(1)) and child abuse (§ 827.04 . . .
. . . 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 . . .
. . . Joyce, 361 So.2d 406, 407 (Fla.1978) (in the face of a vagueness challenge, the Court upheld section 827.04 . . .
. . . 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 . . .
. . . 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: . . .
. . . 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 . . .
. . . See § 827.04(3), Fla. Stat. (1993). . . .
. . . 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 . . .
. . . 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 . . .
. . . A trial court adjudicated Rosemarie Jaf-rancois guilty of third-degree felony child abuse, § 827.04(1 . . .
. . . 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 . . .
. . . .-04, § 827.03, or § 827.04 who is under 16 years of age must submit to for law enforcement or discovery . . .
. . . The court adjudicated defendant guilty of third-degree felony child abuse, § 827.04(1), Fla.Stat. (1989 . . .
. . . 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 . . .
. . . . §§ 382.703; 827.04; 827.05, Fla.Stat. (1989). . § 39.40-39.409; §§ 39.46-39.468, Fla.Stat. (1989). . . .
. . . Section 827.04(2), Fla.Stat. (1989). . . .
. . . Under section 827.04, Florida Statutes (1987), these events could have justified misdemeanor or lesser . . .
. . . 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 . . .
. . . -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. . . .
. . . 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 . . .
. . . Section 827.04(1), Fla.Stat. (1991). Shé raises three issues, only one of which has merit. . . .
. . . See § 827.04, Fla.Stat. (1987). . . .
. . . 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. . . .
. . . 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 . . .
. . . The Appellant was charged in a seven count information with committing child abuse in violation of § 827.04 . . .
. . . Deprivation of food is specifically addressed in Section 827.04, Florida Statutes. . . .
. . . the instant case constitutes the crime of contributing to the delinquency of a minor under section 827.04 . . .