Florida Statute 827.03 | Lawyer Caselaw & Research (2024)

UNITED STATES, v. DAVIS, 139 S. Ct. 2319 (U.S. 2019)

. . . . § 825.102(3)(a) (2018) ("substantial risk of death"), § 827.03(1)(e) (same); W. Va. . . .

PURCELL, v. STATE, 273 So. 3d 1150 (Fla. App. Ct. 2019)

. . . The State charged Purcell with two counts of child abuse, pursuant to section 827.03(2)(c), Florida Statutes . . .

W. REINARD, v. STATE, 273 So. 3d 180 (Fla. App. Ct. 2019)

. . . While this finding is necessary under section 827.03(1)(a)3., Florida Statutes, aggravated child abuse . . . w]illfully tortures, maliciously punishes, or willfully and unlawfully cages a child" under section 827.03 . . . reason and that the primary purpose of the acts was to cause the victim unjustifiable pain or injury.§ 827.03 . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 267 So. 3d 980 (Fla. 2019)

. . . This instruction was adopted in 2008 [994 So.2d 1038], and amended in 2019.16.5 NEGLECT OF A CHILD§ 827.03 . . . OffensesNEGLECT OF A CHILD CAUSING GREAT BODILY HARM, PERMANENT DISABILITY OR PERMANENT DISFIGUREMENT- 827.03 . . . Child neglect 827.03(3)(d) 16.6 Culpable Negligence 784.05 8.9 Inflicting Injury, if culpable negligence . . .

WARD, v. STATE, 267 So. 3d 573 (Fla. App. Ct. 2019)

. . . Lucaine Ward, appeals his convictions on two counts of aggravated child abuse, in violation of section 827.03 . . . so doing causes great bodily harm, permanent disability, or permanent disfigurement to the child.§ 827.03 . . . Appellant committed aggravated child abuse against his fifteen-year-old twin sons by violating section 827.03 . . .

LANIER, v. STATE, 264 So. 3d 402 (Fla. App. Ct. 2019)

. . . Lanier was charged with child neglect in violation of section 827.03(2)(b), Florida Statutes (2016). . . . expected to result in, serious physical or mental injury, or a substantial risk of death, to a child.§ 827.03 . . .

L. THOMPSON, v. STATE, 265 So. 3d 700 (Fla. App. Ct. 2019)

. . . defendant initially pleaded nolo contendere to the lesser charge of aggravated child abuse under section 827.03 . . .

HICKS, v. STATE, 262 So. 3d 846 (Fla. App. Ct. 2018)

. . . . § 827.03(1)(a), Fla. Stat. (2015). Hicks insists that the State failed to prove any of this. . . . that Hicks "[k]nowingly or willfully abuse[d the] child and in so doing cause[d] great bodily harm." § 827.03 . . . principles, he could not be convicted of both child neglect causing great bodily harm (in violation of § 827.03 . . .

FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES Ad o b o P. R. v. A. R. R. L., 253 So. 3d 1158 (Fla. App. Ct. 2018)

. . . parent or parents have subjected the child or another child to aggravated child abuse as defined in s. 827.03 . . .

THOMPSON, v. STATE, 250 So. 3d 132 (Fla. App. Ct. 2018)

. . . . § 827.03(1)(e), Fla. . . .

STOFFEL, v. STATE, 247 So. 3d 89 (Fla. App. Ct. 2018)

. . . .; § 827.03(1)(a)&(b), Fla. Stat. . . .

LINTON, v. STATE, 240 So. 3d 903 (Fla. App. Ct. 2018)

. . . See § 827.03(2)(a), Fla. Stat. (2015).AFFIRMED and REMANDED with instructions.B.L. . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 236 So. 3d 282 (Fla. 2018)

. . . .§ 825.102(3)(a) or § 827.03(3)(e), Fla. Stat. . . . Manslaughter 782.07 7.7 *Neglect by Culpable 825.102(3)(b) 29.22 Negligence of a[n] or or [Elderly Person] 827.03 . . . Permanent Disfigurement *Neglect by Culpable 825.102(3)(c) 29.22 Negligence of a[n] or or [Elderly Person] 827.03 . . .

J. C. v. STATE, 233 So. 3d 519 (Fla. Dist. Ct. App. 2018)

. . . State, 755 So.2d 796, 798 (Fla. 2d DCA 2000) (quoting Azima’s standard in interpreting section 827.03 . . . (3)(c), Florida Statutes (1997), which applies—then and in current form, § 827.03(2)(d), Fla. . . .

RODRIGUEZ, v. STATE, 230 So. 3d 1249 (Fla. Dist. Ct. App. 2017)

. . . violation of section 787.01(3)(a), Florida Statutes (2013); aggravated child abuse, in violation of section 827.03 . . .

L. MORRIS, v. STATE, 228 So. 3d 670 (Fla. Dist. Ct. App. 2017)

. . . See § 827.03(1)(b)(2), Fla. Stat. And having committed no act of child abuse, Ms. . . .

MEDINA, DOC v. STATE, 226 So. 3d 1018 (Fla. Dist. Ct. App. 2017)

. . . his judgment and sentence for neglect of a child causing great bodily harm in violation of section 827.03 . . . culpable negligence neglect[ed] a child and in so doing cause[d] great bodily harm ... to the child.” § 827.03 . . . supervision ... that a prudent person would consider essential for the well-being of the child.” § 827.03 . . . expected to result in, serious physical or mental injury, or a substantial risk of death, to a child.” § 827.03 . . . child neglect as a willful or culpably negligent failure to provide a child with supervision or care. § 827.03 . . .

IN INTEREST OF I. N. a E. N. v. Ad K. O., 224 So. 3d 900 (Fla. Dist. Ct. App. 2017)

. . . See § 827.03(2)(d), Fla. Stat. (2014). The other charges were nolle prossed. . . .

CAYLOR, v. STATE v. L., 218 So. 3d 416 (Fla. 2017)

. . . Stat. (2008), and aggravated child abuse, see § 827.03(2), Fla. Stat. (2008). . . .

WEAVER, v. STATE, 219 So. 3d 229 (Fla. Dist. Ct. App. 2017)

. . . three first-degree felonies of aggravated child abuse by malicious punishment (in violation of section 827.03 . . . Weaver was found guilty of the lesser-included offense of child abuse, a third-degree felony (section 827.03 . . .

POCZATEK, v. STATE, 213 So. 3d 1065 (Fla. Dist. Ct. App. 2017)

. . . charged Poczatek with both aggravated child abuse and aggravated child neglect in violation of section 827.03 . . . With regard to aggravated child neglect, section 827.03(2)(b) provides that “[a] person who willfully . . . See § 827.03(2)(d) (“A person who willfully or by culpable negligence neglects a child without causing . . . medical services that a prudent person would consider essential for the well-being of the child.” § 827.03 . . . By its language in section 827.03, “the legislature has demanded that the State prove more than mere . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 213 So. 3d 680 (Fla. 2017)

. . . .§ 825.102(3)(a) or § 827.03(3)(e). Fla. Stat.“Neglect of hi child”! Ian elderly person”! . . .

SMITH, v. STATE, 211 So. 3d 176 (Fla. Dist. Ct. App. 2016)

. . . Aggravated child abuse under s. 827.03. . . .

MATHIS, v. STATE, 204 So.3d 104 (Fla. Dist. Ct. App. 2016)

. . . Aggravated child abuse under ,s. 827.03. . . .

WHEELER, v. STATE, 203 So. 3d 1007 (Fla. Dist. Ct. App. 2016)

. . . The state charged appellant with aggravated child abuse under two subsections of 827.03(l)(a), Florida . . . with violating the statute by committing “aggravated battery on a child” in violation of subsection 827.03 . . . which can be established by circ*mstances in which a “reasonable parent” would not have engaged. § 827.03 . . . The state also failed to make a case under section 827.03(l)(a)3 because it did not prove that the battery . . . Aggravated child abuse can be committed by “aggravated battery on a child,” § 827.03(l)(a)l, Fla. . . .

RISTAU, v. STATE, 201 So. 3d 1254 (Fla. Dist. Ct. App. 2016)

. . . Section 827.03(2)(b), Florida Statutes (2014), provides that “[a] person who willfully or by culpable . . . negligent, we do not agree that he acted willfully or with culpable negligence as required by section 827.03 . . . The verdict form included the lesser offenses of child neglect without great bodily harm, § 827.03(2) . . .

GELIN, v. U. S. ATTORNEY GENERAL,, 837 F.3d 1236 (11th Cir. 2016)

. . . committed through “culpable negligence,” because that was instead an element of child neglect under § 827.03 . . . Stat. § 827.03(2)(c), The statute defines “child abuse” as:(1) Intentional infliction of physical or . . .

UNITED STATES v. OLIVER,, 653 F. App'x 735 (11th Cir. 2016)

. . . district court’s determination that his 2006 conviction for child neglect pursuant to Florida Statute § 827.03 . . . Stat. § 827.03(2)(b). Neglect of a child is defined as:1. . . . Stat. § 827.03(l)(e). . . .

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

. . . -F-la, Stat.. [962 So.2d 310], and 2016.16.1 AGGRAVATED CHILD ABUSE§ 827.03(2)(a), Fla. Stat. . . . Fla.- -Stat § 827.03(c), Fla. Stat. . . . Stat. § 827.03(l)(b), Fla. Stat. . . . § 827.03(l)(d), Fla. Stat. . . . Lesser Included OffensesAGGRAVATED CHILD ABUSE — 827.03(2)(a)CATEGORY ONE_;_CATEGORY TWO FLA. . . .

MASTERS, v. STATE, 187 So. 3d 1283 (Fla. Dist. Ct. App. 2016)

. . . causing great bodily harm, permanent disability, or permanent disfigurement, as prohibited by section 827.03 . . .

GARDNER, v. STATE, 194 So. 3d 385 (Fla. Dist. Ct. App. 2016)

. . . See §§ 782.07(3), 827.03(2)(c), Fla. Stat. (2009). . . . person who causes the death of any person under the age of 18 by culpable negligence under s[ection] 827.03 . . .

STATE v. THOMPSON,, 193 So. 3d 916 (Fla. Dist. Ct. App. 2016)

. . . See §§ 782.04(l)(a)(2)(h), 827.03(l)(a)(3), 2(a), Fla. Stat. (2013). . . .

In A. W. S. W. N. W. v. Ad, 184 So. 3d 1179 (Fla. Dist. Ct. App. 2015)

. . . parent or parents have subjected the child or another child to aggravated child abuse as defined iris. 827.03 . . .

PETHTEL, v. STATE, 177 So. 3d 631 (Fla. Dist. Ct. App. 2015)

. . . As the court instructed the jury in this case, aggravated child abuse under section 827.03(l)(a)(3), . . . Child abuse is then defined under section 827.03(l)(b) as:1. . . . as: “A person who causes the death of any person under the age of 18 by culpable negligence under s. 827.03 . . . that results or could reasonably be expected to result in physical or mental injury” to a child. § 827.03 . . .

FARRELL, v. STATE, 186 So. 3d 1046 (Fla. Dist. Ct. App. 2015)

. . . The state charged appellant with aggravated child abuse under section 827.03(2), Fla. . . .

GRAHAM, v. STATE, 169 So. 3d 123 (Fla. Dist. Ct. App. 2015)

. . . See § 827.03(2)(b), Fla. Stat. (2000). Consistent with State v. . . . reason and that the primary purpose of the acts was to cause the victim unjustifiable pain or injury.§ 827.03 . . .

UNITED STATES v. SCHEWE,, 603 F. App'x 805 (11th Cir. 2015)

. . . . § 827.03(2)(c). . . .

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

. . . proceedings — and we can find none — that specifically addressed whether a conviction for child abuse under § 827.03 . . . district court noted in Campbell’s initial § 2255 proceedings that the child-abuse conviction was under § 827.03 . . . Ann. § 827.03(l)(b), the offense of child abuse is defined as1. . . .

SPENCER, v. UNITED STATES, 773 F.3d 1132 (11th Cir. 2014)

. . . The district court reasoned that “any conviction of Florida Statute 827.03, a third-degree felony, has . . . Stat. §§ 827.03(2)(c), 827.03(a)(b)(2) (emphasis added). . . . Instead, the court apparently did not recognize that more than one version of § 827.03 exists, so it . . . Stat. § ] 827.03(b), an intentional act that could reasonably be expected to result in physical or mental . . . action could reasonably cause physical or mental injury to that child, contrary to the provisions of 827.03 . . . . § 827.03(2)(c). . . . Id. § 827.03(l)(b)(2). . . . Stat. § 827.03(1)? . . . Spencer pleaded guilty in state court to felony child abuse, under Florida Statute § 827.03. . . .

WUNSCH, v. STATE, 150 So. 3d 869 (Fla. Dist. Ct. App. 2014)

. . . THE FACTUAL AND PROCEDURAL BACKGROUNDSection 827.03(3), Florida Statutes (2007), defines “neglect of . . . Accordingly, section 827.03(3) provides two alternative theories under which a caregiver may commit child . . . permanent disability, or permanent disfigurement to said child, contrary to Florida Statute[s][, section] 827.03 . . . Wunsch with the failure to protect J.C. from abuse by another person under section 827.03(3)(a)(2), which . . . charge her with failure to provide services necessary for J.C.’s physical or mental health under section 827.03 . . .

STATE v. A. MOSLEY,, 149 So. 3d 684 (Fla. 2014)

. . . Any felony violation of s. 790.07, s. 800.04, s. 827.03, or s. 827.071; within 3 years after being released . . .

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

. . . Stat. § 827.03(c). . . . Stat. § 827.03(l)(b). . . . Lesser Included Offenses_AGGRAVATED CHILD ABUSE — 827.03(2)(a)_CATEGORY ONE_CATEGORY TWO FLA. . . . This instruction was adopted in 2014.16.3 CHILD ABUSE§ 827.03(2)(c), Fla. Stat. . . . Definitions, give as applicable.§ 827.03(l)(d), Florida Statutes. . . .

C. IBEAGWA, v. STATE, 141 So. 3d 246 (Fla. Dist. Ct. App. 2014)

. . . provides,A person who causes the death of any person under the age of 18 by culpable negligence under s. 827.03 . . . Section 827.03(3) defines “neglect of a child” to include a “caregiver’s failure or omission to provide . . . ” “Neglect may be based upon repeated conduct or on a single isolated incident or omission .... ” § 827.03 . . . Child neglect is criminalized when a person “willfully or by culpable negligence neglects a child.” § 827.03 . . . Under section 827.03(l)(e)l., Florida Statutes (2010), Appellant failed to “provide a child with the . . . child neglect was the result of Appellant “willfully or by culpable negligence neglecting] a child.” § 827.03 . . . Stat.) by culpable negligence (§ 827.03(3), Fla. Stat.). . . .

THOMPSON, v. STATE, 139 So. 3d 377 (Fla. Dist. Ct. App. 2014)

. . . . § 827.03(3)(c), Fla. Stat. (2011) (renumbered § 827.03(2)(d) (2012)). . . . .” § 827.03(3)(a)l, Fla. Stat. (2011) (renumbered § 827.03(1)(e)1 (2012)). . . . .” § 827.03(3)(a)2, Fla. Stat. (2011) (renumbered § 827.03(1)(e)2 (2012)). . . .

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

. . . defendant is charged with a crime against a victim under s. 794.011; s. 794.05; s. 800.04; s. 826.04; s. 827.03 . . .

BURNS, v. STATE, 132 So. 3d 1238 (Fla. Dist. Ct. App. 2014)

. . . challenges his conviction for child neglect without causing great bodily harm in violation of section 827.03 . . . causing great bodily harm stemming from an incident involving a fifteen-month-old girl named A.B. § 827.03 . . . Section 827.03 defines “[n]eglect of a child” as:1. . . . Stat. (2011) (renumbered § 827.03(l)(e) (2012)). . . . Stat. (2011) (renumbered § 827.03(2)(d) (2012)). . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 131 So. 3d 692 (Fla. 2013)

. . . aggravated abuse, and neglect of an elderly person or disabled adult; penalties), as it did in section 827.03 . . .

TATE, v. STATE, 136 So. 3d 624 (Fla. Dist. Ct. App. 2013)

. . . See § 827.03(l)(a)(3), Fla. Stat. (2006). . . .

WILKES, v. STATE, 123 So. 3d 632 (Fla. Dist. Ct. App. 2013)

. . . Any felony violation of s. 790.07, s. 800.04, s. 827.03, s. 827.071, or s. 847.0135(5);within 3 years . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 122 So. 3d 263 (Fla. 2013)

. . . Stat. § 827.03(c). . . . Stat. § 827.03(l)(b). . . . State, 828 So.2d 1012 (Fla.2002).§ 827.03 Fla. . . . Lesser Included OffensesCommentThis instruction-is- based-on-§ -827.03(2), Fla. . . . State, 828 So.2d 1012 (Fla.2002).§ 827.03 Fla. . . .

SPENCER, v. UNITED STATES, 727 F.3d 1076 (11th Cir. 2013)

. . . . § 827.03(1). . . . Stat. § 827.03(1) (2003) (emphasis added). . . . Stat. § 827.03(1) (2003) (emphasis added). . . . Stat. § 827.03(1). (2003) (emphasis added)) or the Florida Supreme Court’s interpretation. . . . Stat. § 827.03(1)?Certificate of Appealability at 2 (Record No. 22). . . .

KELLY, v. STATE, 125 So. 3d 1046 (Fla. Dist. Ct. App. 2013)

. . . See § 827.03, Fla. Stat. (2011).. See § 837.055, Fla. Stat. (2011). . . .

SPAGNOLO, v. STATE, 116 So. 3d 599 (Fla. Dist. Ct. App. 2013)

. . . of [A.S.], in violation of Florida Statute 782.04(4);COUNT IICHILD ABUSE — GREAT BODILY HARM ETC827.03 . . . Stat. 827.03(3)(b)To prove the crime of Child Abuse/Neglect, the State must prove the following four . . . As used in section 827.03, Florida Statutes (2008), “child abuse” means:1. . . . “Child abuse under section 827.03(l)(a) requires intentional infliction of physical or mental injury . . . upon a child and is a third-degree felony, whereas neglect of a child under section 827.03(3)(b) is a . . .

CALAMIA, v. STATE, 125 So. 3d 1007 (Fla. Dist. Ct. App. 2013)

. . . In Gaylord, the supreme court said “maliciously” in Florida’s child abuse statute, section 827.03, Florida . . . We do note that the Legislature amended the child abuse statute, section 827.03, to change the definition . . .

STATE v. BAEZ- DELAROSA,, 107 So. 3d 1205 (Fla. Dist. Ct. App. 2013)

. . . of section 800.04(5)(c)(2)., Florida Statutes; and one count of child abuse in violation of section 827.03 . . .

HARE, v. STATE Of v. Of, 114 So. 3d 252 (Fla. Dist. Ct. App. 2013)

. . . the defendant caused the death of a person under the age of eighteen “by culpable negligence under s. 827.03 . . . In turn, to prove child neglect under section 827.03(3), Florida Statutes (2009), the State is required . . . See § 827.03(3)(c), Fla. Stat. (2009); Fla. Std. Jury Inst. (Crim.) 16.5, 16.6; Parrish v. . . . Neglect of a child, resulting in great bodily harm, is a second-degree felony. § 827.03(3)(b), Fla. . . . Stat. (2009).. § 827.03(3), Fla. . . .

STATE v. AKERS,, 104 So. 3d 1259 (Fla. Dist. Ct. App. 2013)

. . . bodily harm, permanent disability, or permanent disfigurement to said child, contrary to Florida Statute 827.03 . . .

N. M. M. M. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 103 So. 3d 1005 (Fla. Dist. Ct. App. 2012)

. . . parent or parents have subjected the child or another child to aggravated child abuse as defined in s. 827.03 . . .

McDONALD, v. STATE, 101 So. 3d 914 (Fla. Dist. Ct. App. 2012)

. . . . § 827.03(l)(a), Fla. Stat. (2008).. Under Frye v. . . .

BRADDY, v. STATE, 111 So. 3d 810 (Fla. 2012)

. . . Child NeglectBraddy was convicted of child neglect causing great bodily harm, as set forth in section 827.03 . . . “Neglect of a child” is defined in section 827.03(3)(a) as follows:1. . . . expected to result in, serious physical or mental injury, or a substantial risk of death, to a child.§ 827.03 . . .

PAGAN, v. STATE, 110 So. 3d 3 (Fla. Dist. Ct. App. 2012)

. . . See § 827.03(2) Fla. Stat. (2002). . . .

A. J. v. DEPARTMENT OF CHILDREN AND FAMILIES Ad, 97 So. 3d 985 (Fla. Dist. Ct. App. 2012)

. . . parent or parents have subjected the child or another child to aggravated child abuse as defined in s. 827.03 . . .

BREWINGTON, v. STATE, 98 So. 3d 628 (Fla. Dist. Ct. App. 2012)

. . . ..2007 in Lee County, Florida, did unlawfully, by culpable negligence under Florida Statute section 827.03 . . .

ROBINSON, Jr. v. STATE, 95 So. 3d 437 (Fla. Dist. Ct. App. 2012)

. . . and charged with two counts of aggravated child abuse, first-degree felonies in violation of section 827.03 . . .

UNITED STATES v. PACHECO- TZUL, a. k. a. a. k. a., 486 F. App'x 826 (11th Cir. 2012)

. . . In 2007, Pacheco-Tzul was convicted in Florida state court of child abuse under Florida Statute § 827.03 . . . On appeal, Pacheco-Tzul contends that Florida Statute § 827.03 proscribes both conduct that would qualify . . .

STATE v. HACKLEY,, 95 So. 3d 92 (Fla. 2012)

. . . Any felony violation of s. 790.07, s. 800.04, s. 827.03, or s. 827.071;within 3 years after being released . . . which — prior to the revision — only incorporated "[a]ny felony violation of s. 790.07, s. 800.04, s. 827.03 . . .

GUDMALIN, a. k. a. v. U. S. ATTORNEY GENERAL,, 479 F. App'x 922 (11th Cir. 2012)

. . . . § 827.03(1). . . . Ann. § 827.03(1) may involve sexual conduct. . . . Ann. § 827.03(1) does not constitute “sexual abuse of a minor” under § 1101(a)(43)(A). . . . Specifically, he argues that, because § 827.03(1) lacks any explicit sexual element, it does not fall . . . In determining whether a guilty plea under § 827.03(1) constitutes “sexual abuse of a minor” under § . . .

RAMOS, v. STATE, 89 So. 3d 1119 (Fla. Dist. Ct. App. 2012)

. . . (cross-referencing § 827.03(3)).. See Fla. Std. Jury Instr. . . . lawful act by lawful means with usual ordinary caution and without any unlawful intent”); but see § 827.03 . . .

L. GUILFORD, v. STATE, 88 So. 3d 998 (Fla. Dist. Ct. App. 2012)

. . . See § 827.03(2), Fla. Stat. (2002). . . .

MERKLE n k a G. v. STATE, 88 So. 3d 375 (Fla. Dist. Ct. App. 2012)

. . . believes that his or her action was necessary to protect the minor from child abuse as defined in s. 827.03 . . .

In Z. C. Z. C. Ad v. K. D. Z. H., 88 So. 3d 977 (Fla. Dist. Ct. App. 2012)

. . . parent or parents have subjected the child or another child to aggravated child abuse as defined in s. 827.03 . . .

A. H. A. H. A. H. v. FLORIDA DEPARTMENT OF CHILDREN AND FAMILY SERVICES,, 85 So. 3d 1213 (Fla. Dist. Ct. App. 2012)

. . . conclusion that he “subjected a child and/or sibling to aggravated child abuse as defined in s[ection] 827.03 . . . so doing causes great bodily harm, permanent disability, or permanent disfigurement to the child.” § 827.03 . . .

K. R. L. v. DEPARTMENT OF CHILDREN FAMILY SERVICES, Ad, 83 So. 3d 936 (Fla. Dist. Ct. App. 2012)

. . . parent or parents have subjected the child or another child to aggravated child abuse as defined in s.827.03 . . .

STATE v. N. STURDIVANT,, 94 So. 3d 434 (Fla. 2012)

. . . .§ 827.03(2), Fla. Stat. (2007). . . . reason and that the primary purpose of the acts was to cause the victim unjustifiable pain or injury.§ 827.03 . . . or(4)Willfully and unlawfully cages a child shall be guilty of a felony of the second degree....§ 827.03 . . .

UNITED STATES v. R. MCACY,, 456 F. App'x 830 (11th Cir. 2012)

. . . Jessica McAcy appeals her convictions for aggravated child abuse, in violation of Florida State Statute § 827.03 . . .

SANTIAGO, v. STATE, 76 So. 3d 1027 (Fla. Dist. Ct. App. 2011)

. . . Any felony violation of s. 790.07, s. 800.04, s. 827.03, s. 827. 071, or s. 847.0135(5);within 3 years . . .

CAYLOR, v. STATE, 78 So. 3d 482 (Fla. 2011)

. . . Stat. (2008), and aggravated child abuse, see § 827.03(2), Fla. Stat. (2008). . . . Brooks, 918 So.2d at 198 (citing § 827.03(2), Fla. Stat. (2002)). . . .

WILSON, v. STATE, 72 So. 3d 331 (Fla. Dist. Ct. App. 2011)

. . . Wilson was charged by information with child abuse in violation of section 827.03(l)(b), Florida Statutes . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 75 So. 3d 207 (Fla. 2011)

. . . According to the Minority Report, DuFresne recognized that the provisions of chapter 39 and section 827.03 . . . minority believes that several chapter 39 definitions should be used in the jury instruction for section 827.03 . . . APPENDIX16.3 CHILD ABUSE§ 827.03(1), Fla. Stat. . . .

In AMENDMENTS TO STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- INSTRUCTION, 75 So. 3d 210 (Fla. 2011)

. . . .§ 825.102(3)(a) or § 827.03(3)(a), Fla. Stat. Give 1 or 2 as applicable. . . .

DAVILA, v. STATE, 75 So. 3d 192 (Fla. 2011)

. . . course of committing said offense, the defendant committed aggravated child abuse, as defined in s. 827.03 . . .

G. C. v. R. S. K. C., 71 So. 3d 164 (Fla. Dist. Ct. App. 2011)

. . . use corporal discipline does not provide absolute immunity to charges of child abuse under section 827.03 . . .

PARRISH, v. STATE, 66 So. 3d 1030 (Fla. Dist. Ct. App. 2011)

. . . Section 827.03(3)(a)(1), Florida Statutes (2010), defines child neglect as:A caregiver’s failure or . . . , or could reasonably be expected to result in, serious physical or mental injury [] to a child.” § 827.03 . . . See § 827.03(3)(c), Fla. Stat. (2010); see also Arnold v. . . . State, 826 So.2d 272, 278-79 (Fla.2002) (reading chapter 39 in pari materia with section 827.03 to supply . . .

BURROWS, v. STATE, 62 So. 3d 1258 (Fla. Dist. Ct. App. 2011)

. . . attempted first-degree murder of Bynum (Count 1), and the child abuse of J.E. in violation of section 827.03 . . . The defendant was charged with child abuse pursuant to section 827.03(l)(b), which provides in relevant . . . Although section 827.03 does not define the term “mental injury,” in DuFresne v. . . . Pursuant to section 827.03(l)(b), the State was not required to prove actual mental injury to J.E., but . . . So.2d 1189, 1193 (Fla. 4th DCA 2006) (“The offense of child abuse under subsection (b) [of section 827.03 . . .

DELGADO, v. STATE, 71 So. 3d 54 (Fla. 2011)

. . . have been expected to ensue, the State could have charged Delgado with child abuse pursuant to section 827.03 . . . numerous insect bites was sufficient to support a third-degree felony child abuse conviction under section 827.03 . . . Section 827.03(l)(b) defines "[c]hild abuse” as "[a]n intentional act that could reasonably be expected . . .

KENNEDY, v. STATE, 59 So. 3d 376 (Fla. Dist. Ct. App. 2011)

. . . great bodily harm, to-wit: by causing him to sustain burns over a large portion of his body_” Section 827.03 . . . so doing causes great bodily harm, permanent disability, or permanent disfigurement to the child. § 827.03 . . . After Reed, the legislature amended section 827.03 and defined the term “maliciously” as it now appears . . . See § 827.03(4), Fla. Stat. (2005). . . .

BALLARD, v. A. McNEIL,, 785 F. Supp. 2d 1299 (N.D. Fla. 2011)

. . . a child, Taylor Ballard, by choking her until she blacked out, contrary to Florida Statutes Section 827.03 . . .

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

. . . misdemeanor under section 827.04, Florida Statutes, but not third-degree felony child abuse under section 827.03 . . . in loco parentis has no absolute immunity and may be convicted of felony child abuse under section 827.03 . . . in permanent disability or permanent disfigurement to be treated as simple child abuse under section 827.03 . . . establishes the affirmative defense of reasonable parental corporal punishment, the considerations of section 827.03 . . .

I. MARTINEZ, v. U. S. ATTORNEY GENERAL,, 413 F. App'x 163 (11th Cir. 2011)

. . . . § 827.03(3)(a), (c). . . . Stat. § 827.03(3) constitutes a “crime of child abuse” under 8 U.S.C. § 1227(a)(2)(E)(i). . . . Stat. § 827.03(3)(c). The statutory scheme ■ defines “neglect of a child” as:1. . . . Id. § 827.03(3)(a). . . . Stat. § 827.03(3)(a) is without merit. . . .

PLAINTIFF B, J, S, V, v. R. FRANCIS, MRA LLC, LLC, s, 631 F.3d 1310 (11th Cir. 2011)

. . . Francis was convicted under a Plea Agreement of one count of child abuse under Florida Statutes § 827.03 . . .

HARRIS, v. UNITED STATES, 757 F. Supp. 2d 1303 (S.D. Fla. 2010)

. . . Stat., child abuse, § 827.03(1), Fla. . . .

STATE v. NOWLIN,, 50 So. 3d 79 (Fla. Dist. Ct. App. 2010)

. . . Nowlin was charged with child neglect causing great bodily harm under section 827.03(3), which provides . . . In Christie, a public school teacher was charged under section 827.03(3)(a) with child neglect with no . . . The plain and obvious meaning of “caregiver” has been applied to neglect prosecutions under 827.03(3) . . . To be sure, a juvenile can be prosecuted for child abuse under section 827.03. See K.B.S. v. . . . And nothing in section 827.03 supports drawing a distinction between child abuse and child neglect to . . . The text of section 827.03(3)(b), does not provide adequate notice that a child may be held criminally . . . Section 827.03(3)(b) provides that a caregiver who neglects a child and thereby causes great bodily injury . . .

JOHNSON, v. STATE, 50 So. 3d 77 (Fla. Dist. Ct. App. 2010)

. . . it was a certain term below the maximum sentence of ten years for two counts of child abuse, see § 827.03 . . .

BURKE, v. STATE, 48 So. 3d 943 (Fla. Dist. Ct. App. 2010)

. . . Burke was charged under section 827.03(1), Florida Statutes (2007), which makes it a third-degree felony . . . chapter addressing proceedings related to children, to flesh out the meaning of terms used in section 827.03 . . . the definition of “harm” in chapter 39 in pari materia with the definition of child abuse in section 827.03 . . . See §§ 39.01(31); 827.03(1). . . . The same is true of the “mental injury” component of section 827.03(1). . . .

TASKER, v. STATE, 48 So. 3d 798 (Fla. 2010)

. . . He was also charged with child abuse in violation of section 827.03(1), Florida Statutes (2004), in relation . . .

TINDALL, v. STATE, 45 So. 3d 799 (Fla. Dist. Ct. App. 2010)

. . . Aggravated child abuse, as defined in s. 827.03;2. . . .

BROWN, v. STATE, 41 So. 3d 259 (Fla. Dist. Ct. App. 2010)

. . . See §§ 827.03(3)(b), 784.045(2), Fla. Stat. (2007). . . . [tracking section 827.03(2)(b) ], a child under the age of 18 years, or did knowingly or willfully abuse . . . (2)(e) ], in violation of Florida Statute 827.03(2). . . . Count I did not track the language of, or otherwise reference, section 827.03(2)(a), which provides that . . . (2)(a)— the only portion of section 827.03 that could have supported a charge of aggravated child abuse . . .

In AMENDMENTS TO STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES INSTRUCTION, 41 So. 3d 853 (Fla. 2010)

. . . .§ 825.102(3)(a) or § 827.03(3)(a), Fla. Stat. Give 1 or 2 as applicable. . . .

STEPHENSON, v. STATE, 31 So. 3d 847 (Fla. Dist. Ct. App. 2010)

. . . See § 827.03(3)(b) (2007). . . .

STATE v. BROOKS,, 17 So. 3d 1261 (Fla. Dist. Ct. App. 2009)

. . . and guilty of the lesser-included offense of count two of neglect of a child in violation of section 827.03 . . . Section 827.03(3)(c) provides that it is a third-degree felony to willfully or by culpable negligence . . .

Florida Statute 827.03 | Lawyer Caselaw & Research (2024)
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