Senate Bill sb2366e1
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CS for SB 2366 First Engrossed
1 A bill to be entitled
2 An act relating to abuse of children; amending
3 s. 827.03, F.S.; providing a definition for the
4 term "maliciously" for purposes of aggravated
5 child abuse; providing an effective date.
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7 Be It Enacted by the Legislature of the State of Florida:
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9 Section 1. Section 827.03, Florida Statutes, is
10 amended to read:
11 827.03 Abuse, aggravated abuse, and neglect of a
12 child; penalties.--
13 (1) "Child abuse" means:
14 (a) Intentional infliction of physical or mental
15 injury upon a child;
16 (b) An intentional act that could reasonably be
17 expected to result in physical or mental injury to a child; or
18 (c) Active encouragement of any person to commit an
19 act that results or could reasonably be expected to result in
20 physical or mental injury to a child.
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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
25 degree, punishable as provided in s. 775.082, s. 775.083, or
26 s. 775.084.
27 (2) "Aggravated child abuse" occurs when a person:
28 (a) Commits aggravated battery on a child;
29 (b) Willfully tortures, maliciously punishes, or
30 willfully and unlawfully cages a child; or
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CS for SB 2366 First Engrossed
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.
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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.
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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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CS for SB 2366 First Engrossed
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
4 means wrongfully, intentionally, and without legal
5 justification or excuse. Maliciousness may be established by
6 circumstances from which one could conclude that a reasonable
7 parent would not have engaged in the damaging acts toward the
8 child for any valid reason and that the primary purpose of the
9 acts was to cause the victim unjustifiable pain or injury.
10 Section 2. This act shall take effect upon becoming a
11 law.
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