Senate Bill 1854c1

    Florida Senate - 2000                           CS for SB 1854

    By the Committee on Criminal Justice and Senator Brown-Waite





    307-1809-00

  1                      A bill to be entitled

  2         An act relating to the crime of contributing to

  3         the delinquency or dependency of a child;

  4         amending s. 827.04, F.S.; defining the terms

  5         "child in need of services," "delinquent

  6         child," and "dependent child"; providing an

  7         effective date.

  8

  9  Be It Enacted by the Legislature of the State of Florida:

10

11         Section 1.  Section 827.04, Florida Statutes, is

12  amended to read:

13         827.04  Contributing to the delinquency or dependency

14  of a child; penalty.--

15         (1)  As used in this section, the term:

16         (a)  "Child in need of services" has the meaning

17  assigned to that term in s. 984.03.

18         (b)  "Delinquent child" has the meaning assigned to the

19  term "child who has been found to have committed a delinquent

20  act" in s. 985.03.

21         (c)  "Dependent child" has the meaning assigned to the

22  term "child who is found to be dependent" in s. 39.01.

23         (2)(1)  Any person who:

24         (a)  Commits any act which causes, tends to cause,

25  encourages, or contributes to a child becoming a delinquent or

26  dependent child or a child in need of services; or

27         (b)  Induces or endeavors to induce, by act, threat,

28  command, or persuasion, a child to commit or perform any act,

29  follow any course of conduct, or live in a manner that causes

30  or tends to cause such child to become or to remain a

31  dependent or delinquent child or a child in need of services,

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                           CS for SB 1854
    307-1809-00




  1

  2  commits a misdemeanor of the first degree, punishable as

  3  provided in s. 775.082 or s. 775.083.

  4         (3)(2)  It is not necessary for any court exercising

  5  juvenile jurisdiction to make an adjudication that any child

  6  is delinquent or dependent or a child in need of services in

  7  order to prosecute a violation of this section.  An

  8  adjudication that a child is delinquent or dependent or a

  9  child in need of services shall not preclude a subsequent

10  prosecution of a violation of this section.

11         (4)(3)  A person 21 years of age or older who

12  impregnates a child under 16 years of age commits an act of

13  child abuse which constitutes a felony of the third degree,

14  punishable as provided in s. 775.082, s. 775.083, or s.

15  775.084. A person who impregnates a child in violation of this

16  subsection commits an offense under this subsection regardless

17  of whether the person is found to have committed, or has been

18  charged with or prosecuted for, any other offense committed

19  during the course of the same criminal transaction or episode,

20  including, but not limited to, an offense proscribed under s.

21  800.04, relating to lewd, lascivious, or indecent assault or

22  act upon any person under 16 years of age. Neither the

23  victim's lack of chastity nor the victim's consent is a

24  defense to the crime proscribed under this subsection.

25         Section 2.  This act shall take effect July 1, 2000.

26

27          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
28                         Senate Bill 1854

29

30  Makes technical changes by revising the statutory reference
    for delinquent child to the definition contained in chapter
31  985 and by removing unnecessary language to make the
    legislative intent clear.
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