Address:
Bank of America Plaza
101 E. Kennedy Blvd
Suite 1485
Tampa, FL 33602
Phone:
(813) 228-7095 (office line)
(813) 263-7044
(813) 334-3910
(813) 228-7099 (fax)
Tampa Criminal Attorney
Juvenile Crimes
Parent – Child relationship
What the Law Says:
827.03. Abuse, aggravated abuse, and neglect of a child; penalties
(1) "Child abuse" means:
(a) Intentional infliction of physical or mental injury upon a child;
(b) An intentional act that could reasonably be expected to result in physical or mental injury to a child; or
(c) Active encouragement of any person to commit an act that results or could reasonably be expected to result in physical or mental injury to a child.
A person who knowingly or willfully abuses a child without causing great bodily harm, permanent disability, or permanent disfigurement to the child commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(2) “Aggravated child abuse” occurs when a person:
(a) Commits aggravated battery on a child;
(b) Willfully tortures, maliciously punishes, or willfully and unlawfully cages a child; or
(c) Knowingly or willfully abuses a child and in so doing causes great bodily harm, permanent disability, or permanent disfigurement to the child.
A person who commits aggravated child abuse commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3)(a) “Neglect of a child” means:
1. A caregiver's failure or omission to provide a child with the care, supervision, and services necessary to maintain the child's physical and mental health, including, but not limited to, food, nutrition, clothing, shelter, supervision, medicine, and medical services that a prudent person would consider essential for the well-being of the child; or
2. A caregiver's failure to make a reasonable effort to protect a child from abuse, neglect, or exploitation by another person.
Neglect of a child may be based on repeated conduct or on a single incident or omission that results in, or could reasonably be expected to result in, serious physical or mental injury, or a substantial risk of death, to a child.
(b) A person who willfully or by culpable negligence neglects a child and in so doing causes great bodily harm, permanent disability, or permanent disfigurement to the child commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(c) A person who willfully or by culpable negligence neglects a child without causing great bodily harm, permanent disability, or permanent disfigurement to the child commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(4) For purposes of this section, “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.
1) A Broad Statute
a. In order to understand what qualifies as “child abuse” you must first understand one thing. When the Florida legislature drafted the child abuse statute it wanted to give the State Attorney’s office wide discretion to prosecute abuse of children based not only on severity, but based also on the type of injury (mental or physical). In 2002 the Florida Supreme Court confronted the glaring problem that arises in many child abuse cases. Raford v. State, 828 So.2d 1012 (Fla. 2002). In that case the Court recognized the privileged conduct that all parents, (or someone standing in loco parentis such as a teacher, or step-father) share when disciplining a child. A parent has a privilege to administer “reasonable” or “non-excessive” corporal punishment to his child in a prosecution for 3rd degree felony child abuse. “Reasonable” or “non-excessive” corporal punishment is a “typical spanking”, or any other comparable form of punishment. This parental privilege is an affirmative defense that is available to any parent being prosecuted for child abuse. The Court recognized the difficult task in delineating where the line is drawn between permissible corporal punishment and prohibited child abuse. Ultimately, the Court decided that question was best left to the Florida legislature, especially where it pertains to teachers in our schools. A teacher’s ability to administer corporal punishment in the classroom has been restricted by the legislature in such a way that it has become almost impossible to implement. Teachers are permitted to use corporal punishment, but only where the local legislature permits it, and when it is administered pursuant to a specific set of guidelines.
b. The Child Abuse Statute has Resulted in A Number of Different Rulings by the Courts.
i. What many people need to appreciate when trying to determine whether their acts constitute child abuse is the form of discipline administered not just whether “bruising or welts” resulted from the punishment. The 2nd District Court of Appeals found that felony child abuse did not occur where a child that was left with bruising and welts from a paddling that he received from a teacher. King v. State, 903 So.2d 954, (2nd DCA 2005). That ruling results from the form of discipline and how it was administered. By contrast, one parent was found guilty of 3rd degree child abuse where his actions left no significant injury in the way of bruising or marks. Czapla v. State, 957 So.2d 676, ( 1st DCA 2007). Because the discipline was administered by punching his son in the head and kicking him on the ground the Court ruled that some forms of discipline that can create a mental injury upon a child are just as prosecutable as ones that involve physical injury. What is clear is that the punishment must be meted out for disciplinary purposes, not purely as a result of frustration on the part of the parent.