Pensacola ➔ Gulf Breeze ➔ Pace
Top Child Neglect Defense Attorney Jason Cromey, Esq. on:
Child Neglect: F.S. 827.03(2)(d)
Need help? Read more about Pensacola Criminal Attorney Jason Cromey, Esq.
Child Neglect – § 827.03(2)(d), Florida Statutes, defines the crime of child neglect. There are two basic ways that someone can commit the crime of simple child neglect in Florida:
- The defendant either willfully or by culpable negligence fails to provide the child victim with the care, supervision, and services necessary to maintain the child’s physical or mental health; or
- Fails to make a reasonable effort to protect the child from abuse, neglect, or exploitation by another person.
The crime of child neglect requires that the defendant is a caregiver of the child victim. Also, the child must have been under the age of 18 years old at the time the crime occurred. So, what does “culpable negligence” mean? 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, punishable by up to 5 years in state prison.