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Child Neglect: F.S. 827.03(2)(d)
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Child Neglect - The crime of Child Neglect is found in § 827.03(2)(d), Florida Statutes. There are two basic ways that someone can commit the crime of simple child neglect in Florida:
- either willfully or by culpable negligence failed or omitted to provide the child victim with the care, supervision, and services necessary to maintain the child’s physical or mental health; or
- failing to make a reasonable effort to protect the child from abuse, neglect, or exploitation by another person.
In each of the situations the defendant has be a caregiver of the child victim and the child must have been under the age of 18 years old at the time. So what does “culpable negligence” mean? Basically, culpable negligence means doing something so dumb that it is criminal. The jury instruction defines it as negligence that is “gross and flagrant,” or negligence that is committed “with an utter disregard for the safety of others.”
Child neglect in Florida is a third degree felony which means a defendant charged with this crime is facing up to five (5) years in state prison.