TAMPA CHILD ABUSE DEFENSE LAWYER

Definition of Child Abuse in Florida

Each state has its own definition of what child abuse is. In Florida, child abuse is any intentional act of abuse or neglect committed by a legal adult on someone under the age of 18.

Florida Statutes § 827.03

Under Florida Statute § 827.03, someone commits child abuse when they:

• Intentionally cause physical or mental harm to a child; 
• Do something that is likely to cause a child harm; or
• Encourage someone else to harm a child. 

Basically, if an act harms a child physically or mentally, or could have reasonably harmed them physically or mentally, then it can be considered child abuse. This statute also defines child neglect as a failure to provide a child with the necessary care and materials needed to maintain their physical and mental health. 

Types of Child Abuse Under Florida Law

Child abuse can occur in a few different ways. Below are the different types of child abuse as defined under Florida law.

Simple Child Abuse

Child abuse can be categorized as either simple child abuse or aggravated child abuse. Simple child abuse is any act of child abuse that does not cause great bodily harm, permanent disfigurement, or permanent disability. 

This means that if someone willfully abuses a child, encourages the harm of a child, or places a child in a situation where they could reasonably be harmed, but the child does not suffer from a severe physical or mental injury, the person who committed the act could face a simple child abuse charge. 

Aggravated Child Abuse

In contrast to simple child abuse, aggravated child abuse occurs when someone: 

• Commits aggravated battery against a child;
• Tortures, confines, or maliciously punishes a child; or
• Knowing and willingly causes great bodily harm, permanent disability, or permanent disfigurement to a child.

Aggravated battery in Florida is defined as any act of battery committed with a deadly weapon, and malicious punishment is defined as any wrongful, intentional, and legally unjustifiable punishment. 

Neglect of a Child

In Florida, child neglect occurs when a caregiver fails to provide necessary care to a minor child, like food, clothing, and medical attention, or doesn’t make efforts to protect the child from harm. In Florida, this kind of abuse is categorized as either willful neglect causing harm or neglect without causing severe harm.