Senate Bill sb2366er

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    2003 Legislature                 CS for SB 2366, 1st Engrossed



  1                                 

  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.

  6  

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

  8  

  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.

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

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

31  


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    ENROLLED

    2003 Legislature                 CS for SB 2366, 1st 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.

 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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    ENROLLED

    2003 Legislature                 CS for SB 2366, 1st 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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