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Child Abuse
Defined as:
  1. Knowingly or willfully abusing the victim by:
    • Intentionally inflicting physical or mental injury; ​
    • Committing an intentional act that could reasonably be expected to result in physical or mental injury; OR
    • Actively encouraging another person to commit an act that resulted in (or could reasonably have been expected to result in) physical or mental injury;
  2. AND the victim was under the age of 18.
Penalties:
  • Child Abuse is a felony of the third degree, punishable by up to 5 years in prison & no more than a $5,000 fine.
- Section 827.03(1)(b) & 827.03(2)(c) of the Florida Statutes
Aggravated Child Abuse:
Defined as either:
  1. Committing an Aggravated Battery on a child;
  2. Willfully torturing, maliciously punishing, or unlawfully caging a child; OR
    • "Maliciously" means wrongfully, intentionally, and without legal justification or excuse. Maliciousness may be established by circumstances from which one could conclude that a reasonable parent would not have engaged in the damaging acts toward the child for any valid reason and that the primary purpose of the acts was to cause the victim unjustifiable pain or injury.​
  3. Knowingly or willfully abusing a child causing either great bodily harm, permanent disability or permanent disfigurement.
Penalties:
  • Aggravated Child Abuse is a felony of the first degree, punishable by up to 30 years in prison & no more than a $10,000 fine.
- Section 827.03(1)(a) & 827.03(2)(a) of the Florida Statutes
Child Neglect
Defined as either:
  1. Failure or omission of a caregiver to provide a child (under the age of 18) with the care, supervision, and services necessary to maintain the child's physical and mental health; OR
    • This failure can be either willful or by "culpable negligence", which is defined as "more than a failure to use ordinary care for others. For negligence to be culpable negligence, it must be gross and flagrant. ​The negligence must be committed with an utter disregard for the safety of others. Culpable negligence is consciously doing an act or following a course of conduct that the defendant must have known, or reasonably should have known, was likely to cause death or great bodily harm.
  2. Failure of a caregiver to make reasonable efforts to protect a child (under the age of 18) from abuse, neglect, or exploitation by another person.
Penalties:
  • Child Neglect is a felony of the third degree, punishable by up to 5 years in prison & no more than a $5,000 fine.
- Section 827.03(1)(e) & 827.03(2)(d) of the Florida Statutes
Child Neglect Causing Great Bodily Harm, Permanent Disability, or Permanent Disfigurement:
  • Anyone who willfully or by culpable negligence neglects an child, and in doing so causes great bodily harm, permanent disability, or permanent disfigurement commits a felony of the second degree, punishable by up to 15 years in prison & no more than a $10,000 fine.
- Section 827.03(1)(e) & 827.03(2)(b) of the Florida Statutes
CALL NOW FOR YOUR FREE CASE CONSULTATION WITH A TAMPA CRIMINAL DEFENSE ATTORNEY
  • A conviction for Child Abuse or Child Neglect can have serious consequences including fines, probation, jail or even prison time. 
  • If you have been charged with Child Abuse or Child Neglect, call (813) 787-4849 now for a free case consultation.
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