HB 1915 2003
1	A bill to be entitled
2	An act relating to abuse of children; amending s. 827.03,
3	F.S.; providing a definition for the term "maliciously"
4	for purposes of aggravated child abuse; providing an
5	effective date.
6
7	Be It Enacted by the Legislature of the State of Florida:
8
9	Section 1. Section 827.03, Florida Statutes, is amended to
10	read:
11	827.03 Abuse, aggravated abuse, and neglect of a child;
12	penalties.--
13	(1) "Child abuse" means:
14	(a) Intentional infliction of physical or mental injury
15	upon a child;
16	(b) An intentional act that could reasonably be expected
17	to result in physical or mental injury to a child; or
18	(c) Active encouragement of any person to commit an act
19	that results or could reasonably be expected to result in
20	physical or mental injury to a child.
21
22	A person who knowingly or willfully abuses a child without
23	causing great bodily harm, permanent disability, or permanent
24	disfigurement to the child commits a felony of the third degree,
25	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
26	(2) "Aggravated child abuse" occurs when a person:
27	(a) Commits aggravated battery on a child;
28	(b) Willfully tortures, maliciously punishes, or willfully
29	and unlawfully cages a child; or
30	(c) Knowingly or willfully abuses a child and in so doing
31	causes great bodily harm, permanent disability, or permanent
32	disfigurement to the child.
33
34	A person who commits aggravated child abuse commits a felony of
35	the first degree, punishable as provided in s. 775.082, s.
36	775.083, or s. 775.084.
37	(3)(a) "Neglect of a child" means:
38	1. A caregiver's failure or omission to provide a child
39	with the care, supervision, and services necessary to maintain
40	the child's physical and mental health, including, but not
41	limited to, food, nutrition, clothing, shelter, supervision,
42	medicine, and medical services that a prudent person would
43	consider essential for the well-being of the child; or
44	2. A caregiver's failure to make a reasonable effort to
45	protect a child from abuse, neglect, or exploitation by another
46	person.
47
48	Neglect of a child may be based on repeated conduct or on a
49	single incident or omission that results in, or could reasonably
50	be expected to result in, serious physical or mental injury, or
51	a substantial risk of death, to a child.
52	(b) A person who willfully or by culpable negligence
53	neglects a child and in so doing causes great bodily harm,
54	permanent disability, or permanent disfigurement to the child
55	commits a felony of the second degree, punishable as provided in
56	s. 775.082, s. 775.083, or s. 775.084.
57	(c) A person who willfully or by culpable negligence
58	neglects a child without causing great bodily harm, permanent
59	disability, or permanent disfigurement to the child commits a
60	felony of the third degree, punishable as provided in s.
61	775.082, s. 775.083, or s. 775.084.
62	(4) For purposes of this section, “maliciously” means
63	wrongfully, intentionally, and without legal justification or
64	excuse. Maliciousness may be established by circumstances from
65	which one could conclude that a reasonable parent would not have
66	engaged in the damaging acts toward the child for any valid
67	reason and that the primary purpose of the acts was to cause the
68	victim unjustifiable pain or injury.
69	Section 2. This act shall take effect upon becoming a law.