Florida Statute 856.4 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 856
DRUNKENNESS; OPEN HOUSE PARTIES; LOITERING; PROWLING; DESERTION

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F.S. 856.04

856.04 Desertion; withholding support; proviso.—

(1) Any man who shall in this state desert his wife and children, or either of them, or his wife where there are no children or child, or who shall willfully withhold from them or either of them, the means of support, or any mother, who shall desert her child or children, or who shall willfully withhold from them the means of support, shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. However, no husband shall be prosecuted under this section for the desertion of his wife, or for withholding from his wife the means of supporting her where there is existing, at the time of such desertion or withholding, such cause or causes as are recognized as ground or grounds for dissolution of marriage, by statute, in this state, if such person shall have provided for the support of his children, if there be any.

(2) For the purposes of subsection (1), a child born out of wedlock shall be deemed to be the child of a man who has been adjudged or decreed to be the father of such child by a court of competent jurisdiction of this state or of any other jurisdiction.

History.—s. 1, ch. 4553, 1897; GS 3569; s. 1, ch. 6483, 1913; RGS 5496; CGL 7654; s. 1, ch. 59-147; s. 1, ch. 61-335; s. 1, ch. 65-210; s. 1077, ch. 71-136; s. 9, ch. 75-166.

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Amendments to 856.04

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 856.04

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

S856.04 - WITHHOLD SUPPORT - DESERTION OF WIFE AND OR CHILDREN - F: T

Cases Citing Statute 856.04

Total Results: 16

Gammon v. Cobb

335 So. 2d 261

Supreme Court of Florida | Filed: Jun 30, 1976 | Docket: 1711258

Cited 59 times | Published

Chapter 856, Florida Statutes, by adding sub-section 856.04(2), Florida Statutes, making it a crime to

Kendrick v. Everheart

390 So. 2d 53

Supreme Court of Florida | Filed: Nov 6, 1980 | Docket: 92386

Cited 40 times | Published

avoid with impunity the criminal provisions of section 856.04(2), Florida Statutes (1977) (withholding child

Vandiver v. Vincent

139 So. 2d 704

District Court of Appeal of Florida | Filed: Mar 28, 1962 | Docket: 532873

Cited 22 times | Published

part of the mother to support her children. F.S. 856.04, F.S.A. By this statute the appellant-mother

SHANDS TEACHING HOSP. & CLINICS v. Smith

480 So. 2d 1366, 11 Fla. L. Weekly 81, 1985 Fla. App. LEXIS 6033

District Court of Appeal of Florida | Filed: Dec 30, 1985 | Docket: 1667306

Cited 10 times | Published

10, Fla. Stat. (1983). [7] We do not view section 856.04, Florida Statutes (1983) as an indication of

Blackburn v. State

468 So. 2d 517, 10 Fla. L. Weekly 1182

District Court of Appeal of Florida | Filed: May 13, 1985 | Docket: 1725424

Cited 7 times | Published

probation for two years following his violation of Section 856.04, Florida Statutes *518 (1979), a third-degree

Suarez Ortega v. Pujals De Suarez

465 So. 2d 607, 10 Fla. L. Weekly 744

District Court of Appeal of Florida | Filed: Mar 19, 1985 | Docket: 1324236

Cited 7 times | Published

State v. Darnell, 230 So.2d 151, 152 (Fla. 1970); § 856.04, Fla. Stat. (1983). The wife argues further that

Bardol v. Martin

763 So. 2d 1119, 1999 WL 1243870

District Court of Appeal of Florida | Filed: Dec 22, 1999 | Docket: 1278234

Cited 4 times | Published

legislature has made it a crime to fail to do it. Section 856.04(1) unambiguously states that: "Any man ...

State v. Darnell

230 So. 2d 151, 1970 Fla. LEXIS 2873

Supreme Court of Florida | Filed: Jan 7, 1970 | Docket: 64512753

Cited 1 times | Published

means of support in violation of Chapter 88 and Section 856.04, Florida Statutes [F.S.A.].” The trial court

McGee v. Martinez

555 So. 2d 914, 1990 Fla. App. LEXIS 187, 1990 WL 2066

District Court of Appeal of Florida | Filed: Jan 12, 1990 | Docket: 64647583

Published

his complaint for a declaration adjudicating Section 856.04, Florida Statutes (1987),1 unconstitutional

Cooper v. State

367 So. 2d 1020, 1979 Fla. LEXIS 4558

Supreme Court of Florida | Filed: Feb 8, 1979 | Docket: 64568704

Published

been raised as to the constitutionality of section 856.04, Florida Statutes (1977); accordingly, this

Byrne v. State

365 So. 2d 812, 1979 Fla. App. LEXIS 14071

District Court of Appeal of Florida | Filed: Jan 3, 1979 | Docket: 64567749

Published

of support from minor children, pursuant to Section 856.04, Florida Statutes (1975). He contends that

Pifer v. Pifer

349 So. 2d 778, 1977 Fla. App. LEXIS 16334

District Court of Appeal of Florida | Filed: Aug 31, 1977 | Docket: 64560074

Published

February 11, 1976 in violation of Section 856.04, Florida Statutes. Section 856.04 provides in pertinent part:

McCloud v. State

237 So. 2d 818, 1970 Fla. App. LEXIS 6234

District Court of Appeal of Florida | Filed: Jul 16, 1970 | Docket: 64515891

Published

support from his minor children in violation of Section 856.04(1), Florida Statutes, F.S.A. Although the cited

State v. Darnell

217 So. 2d 127, 1968 Fla. App. LEXIS 4611

District Court of Appeal of Florida | Filed: Dec 24, 1968 | Docket: 64507784

Published

children must be in the State of Florida. Since § 856.04 F.S.A. is penal in nature, we are obliged to strictly

Stephens v. Mayo

76 So. 2d 656, 1954 Fla. LEXIS 1928

Supreme Court of Florida | Filed: Dec 21, 1954 | Docket: 64486205

Published

and convicted on an information pursuant to F.S. § 856.04, F.S.A., charging in the first count that he did

Deal v. Mayo

76 So. 2d 275, 1954 Fla. LEXIS 1891

Supreme Court of Florida | Filed: Dec 7, 1954 | Docket: 64486154

Published

State penitentiary. It is contended that F.S. § 856.04, F.S.A., under which petitioner was convicted