Senate Bill sb2366c1

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    Florida Senate - 2003                           CS for SB 2366

    By the Committee on Criminal Justice; and Senator Fasano





    307-2188-03

  1                      A bill to be entitled

  2         An act relating to aggravated child abuse;

  3         amending s. 827.03, F.S.; defining the term

  4         "maliciously" for purposes of the offense of

  5         aggravated child abuse; providing an effective

  6         date.

  7  

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

  9  

10         Section 1.  Section 827.03, Florida Statutes, is

11  amended to read:

12         827.03  Abuse, aggravated abuse, and neglect of a

13  child; penalties.--

14         (1)  "Child abuse" means:

15         (a)  Intentional infliction of physical or mental

16  injury upon a child;

17         (b)  An intentional act that could reasonably be

18  expected to result in physical or mental injury to a child; or

19         (c)  Active encouragement of any person to commit an

20  act that results or could reasonably be expected to result in

21  physical or mental injury to a child.

22  

23  A person who knowingly or willfully abuses a child without

24  causing great bodily harm, permanent disability, or permanent

25  disfigurement to the child commits a felony of the third

26  degree, punishable as provided in s. 775.082, s. 775.083, or

27  s. 775.084.

28         (2)  "Aggravated child abuse" occurs when a person:

29         (a)  Commits aggravated battery on a child;

30         (b)  Willfully tortures, maliciously punishes, or

31  willfully and unlawfully cages a child; or

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    Florida Senate - 2003                           CS for SB 2366
    307-2188-03




 1         (c)  Knowingly or willfully abuses a child and in so

 2  doing causes great bodily harm, permanent disability, or

 3  permanent disfigurement to the child.

 4  

 5  A person who commits aggravated child abuse commits a felony

 6  of the first degree, punishable as provided in s. 775.082, s.

 7  775.083, or s. 775.084.

 8         (3)(a)  "Neglect of a child" means:

 9         1.  A caregiver's failure or omission to provide a

10  child with the care, supervision, and services necessary to

11  maintain the child's physical and mental health, including,

12  but not limited to, food, nutrition, clothing, shelter,

13  supervision, medicine, and medical services that a prudent

14  person would consider essential for the well-being of the

15  child; or

16         2.  A caregiver's failure to make a reasonable effort

17  to protect a child from abuse, neglect, or exploitation by

18  another person.

19  

20  Neglect of a child may be based on repeated conduct or on a

21  single incident or omission that results in, or could

22  reasonably be expected to result in, serious physical or

23  mental injury, or a substantial risk of death, to a child.

24         (b)  A person who willfully or by culpable negligence

25  neglects a child and in so doing causes great bodily harm,

26  permanent disability, or permanent disfigurement to the child

27  commits a felony of the second degree, punishable as provided

28  in s. 775.082, s. 775.083, or s. 775.084.

29         (c)  A person who willfully or by culpable negligence

30  neglects a child without causing great bodily harm, permanent

31  disability, or permanent disfigurement to the child commits a

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    Florida Senate - 2003                           CS for SB 2366
    307-2188-03




 1  felony of the third degree, punishable as provided in s.

 2  775.082, s. 775.083, or s. 775.084.

 3         (4)  For purposes of this section, "maliciously" means

 4  wrongfully, intentionally, without legal justification or

 5  excuse. Maliciousness may be established by circumstances from

 6  which one could reasonably believe that the punishment was

 7  inflicted with a desire to cause the victim to suffer

 8  unjustifiable pain.

 9         Section 2.  This act shall take effect upon becoming a

10  law.

11  

12          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
13                         Senate Bill 2366

14                                 

15  Specifies that maliciousness may be established by
    circumstances from which there was a reasonable belief that
16  the punishment was inflicted with a desire to cause the victim
    to suffer unjustifiable pain.
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