Florida Statute 856.04 | Lawyer Caselaw & Research

The 2024 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.

F.S. 856.04 on Google Scholar

F.S. 856.04 on Casetext

Amendments to 856.04

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

Annotations, Discussions, Cases:

Cases Citing Statute 856.04

Total Results: 20

MDS (Canada) Inc. v. Rad Source Technologies, Inc., etc.

Court: Fla. | Date Filed: 2014-07-10T00:00:00-07:00

Citation: 143 So. 3d 881, 39 Fla. L. Weekly Supp. 489, 2014 WL 3361896, 2014 Fla. LEXIS 2154

Snippet: the question to this Court. Id. at 856. 4 ANALYSIS Based on the Eleventh Circuit

Bardol v. Martin

Court: Fla. Dist. Ct. App. | Date Filed: 1999-12-21T23:53:00-08:00

Citation: 763 So. 2d 1119

Snippet: legislature has made it a crime to fail to do it. Section 856.04(1) unambiguously states that: "Any man ...…guilty of a felony of the third degree...." § 856.04(1) Fla. Stat. (1997).[2] The state could hardly

Florida East Coast Ry. Co. v. Pickard

Court: Fla. Dist. Ct. App. | Date Filed: 1991-02-05T23:53:00-08:00

Citation: 573 So. 2d 850

Snippet: involve active conduct or affirmative negligence. *856 Four years later, in Maldonado v. Jack M. Berry Grove

McGee v. Martinez

Court: Fla. Dist. Ct. App. | Date Filed: 1990-01-12T00:00:00-08:00

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

Snippet: complaint for a declaration adjudicating Section 856.04, Florida Statutes (1987),1 unconstitutional on …party to challenge the constitutionality of section 856.04. REVERSED and REMANDED for further proceedings.

SHANDS TEACHING HOSP. & CLINICS v. Smith

Court: Fla. Dist. Ct. App. | Date Filed: 1985-12-29T23:53:00-08:00

Citation: 480 So. 2d 1366

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

Blackburn v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1985-05-13T00:53:00-07:00

Citation: 468 So. 2d 517

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

Suarez Ortega v. Pujals De Suarez

Court: Fla. Dist. Ct. App. | Date Filed: 1985-03-18T23:53:00-08:00

Citation: 465 So. 2d 607

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

Kendrick v. Everheart

Court: Fla. | Date Filed: 1980-11-06T00:00:00-08:00

Citation: 390 So. 2d 53

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

Cooper v. State

Court: Fla. | Date Filed: 1979-02-08T00:00:00-08:00

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

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

Byrne v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1979-01-03T00:00:00-08:00

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

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

Pifer v. Pifer

Court: Fla. Dist. Ct. App. | Date Filed: 1977-08-31T00:00:00-07:00

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

Snippet: , 1976 in violation of Section 856.04, Florida Statutes. Section 856.04 provides in pertinent part: Any

Gammon v. Cobb

Court: Fla. | Date Filed: 1976-06-30T00:53:00-07:00

Citation: 335 So. 2d 261

Snippet: Chapter 856, Florida Statutes, by adding sub-section 856.04(2), Florida Statutes, making it a crime to withhold…such procedure in Florida, pursuant to sub-section 856.04(2), Florida Statutes; d) vicariously under sub-

McCloud v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1970-07-16T00:00:00-07:00

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

Snippet: from his minor children in violation of Section 856.04(1), Florida Statutes, F.S.A. Although the cited…against appellant for withholding support. Section 856.04(1), Florida Statutes, F.S. A., makes it a crime…the extreme period.” Since violation of Section 856.04(1), Florida Statutes, F.S.A., carries a maximum…purpose of the criminal sanctions found in Section 856.04(1), Florida Statutes, F.S.A. We find no reversible

State v. Darnell

Court: Fla. | Date Filed: 1970-01-07T00:00:00-08:00

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

Snippet: support in violation of Chapter 88 and Section 856.04, Florida Statutes [F.S.A.].” The trial court granted…children must be in the State of Florida. Since § 856.04 F.S.A. is penal in nature, we are obliged to strictly…strictly construe its provisions * * *. Moreover, § 856.04 F.S.A. was considered before in Dukes v. State,…physically present in the state.” Florida Statute § 856.04, F.S.A., provides in pertinent part as follows:…State can be prosecuted under Florida Statute § 856.04, F.S.A., even though he no longer resides in Florida

State v. Darnell

Court: Fla. Dist. Ct. App. | Date Filed: 1968-12-24T00:00:00-08:00

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

Snippet: charged with violating is 856.04 Fla.Stat., F.SA., and reads as follows: “856.04 — Desertion; withholding…children must be in the State of Florida. Since § 856.04 F.S.A. is penal in nature, we are obliged to strictly… v. State, 80 Fla. 547, 86 So. 428. Moreover, § 856.04 F.S.A. was considered before in Dukes v. State,

Bibb v. Bickford

Court: Fla. Dist. Ct. App. | Date Filed: 1963-01-16T23:53:00-08:00

Citation: 149 So. 2d 592

Snippet: , 112 Fla. 43, 151 So. 293; see also 85 A.L.R. 856. [4] F.S. § 731.35(3), F.S.A. In re Estate of Aron

Carroll v. Cochran

Court: Fla. | Date Filed: 1962-04-25T00:00:00-08:00

Citation: 140 So. 2d 300

Snippet: maximum imprisonment authorized was one year. Sec. 856.04, Fla.Statutes 1955, F.S.A. The statute was amended…the trial court for resentencing under F.S., Sec. 856.04 F.S.A., as it existed when petitioner committed

Vandiver v. Vincent

Court: Fla. Dist. Ct. App. | Date Filed: 1962-03-27T23:53:00-08:00

Citation: 139 So. 2d 704

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

Public Service Mutual Insurance Company v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1961-12-20T23:53:00-08:00

Citation: 135 So. 2d 777

Snippet: v. State ex rel. Carman, 200 Okla. 51, 196 P.2d 856, 4 A.L.R.2d 436, the Oklahoma Supreme Court held that

Flagler v. Flagler

Court: Fla. | Date Filed: 1957-04-16T23:53:00-08:00

Citation: 94 So. 2d 592

Snippet: fine or imprisonment in the state prison, Sec. 856.04, Florida Statutes 1951, and F.S.A. Moreover, to