CHILD ABUSE / NEGLECT
CHILD ABUSE CHARGES
Child abuse, neglect of a child, and aggravated child abuse is addressed in Section 827.03, Florida Statutes. In order to prove child abuse, the State must prove:
1. The Defendant intentionally inflected physical or mental injury upon the victim, committed an intentional act that could reasonably be expected to result in physical or mental injury, or actively encouraged another person to similarly act.
2. The victim was under the age of 18 years old.
Aggravated circumstances exist when a weapon is used, or the seriousness of injuries sustained by the victim are at an elevated level. On the other end of the spectrum, the offense of neglect of a child is proven by the following elements:
1. The Defendant willfully or by culpable negligence failed or omitted to provide the care or supervision and services necessary for the victim’s physical or mental health, or the Defendant failed to make a reasonable effort to protect the victim from such.
2. In doing so, the Defendant caused great bodily harm, permanent disability or disfigurement.
3. The Defendant was a caregiver for the victim.
4. The victim was under the age of 18 years old.
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