Child Neglect in Florida
Under Florida Statute 827.03(2)(d), the crime of Child Neglect is defined as a caregiver neglecting a child in a willful or culpably negligent manner.
Child Neglect occurs when a caregiver fails to provide a child with the essential care, supervision, and services necessary to maintain the child’s physical and mental health, or fails to take reasonable steps to protect the child from abuse, neglect, or exploitation by another person.
Child Neglect may be based on repeated conduct or on a single incident.
Child neglect may be based on repeated conduct or on a single incident or omission that results in, or could reasonably be expected to result in, serious physical or mental injury, or a substantial risk of death, to a child. Likewise, child neglect can be based on a caregiver’s failure to provide a reasonable effort to protect a child from abuse, neglect, or exploitation by another person.
A child is defined as any person under the age of 18 and a caregiver is defined as a parent, adult household member, or other person responsible for the child’s welfare, such as a teacher. [1]
Penalties for Child Neglect
The penalties for Child Neglect are determined by whether the child neglect caused the child great bodily harm, permanent disability, or permanent disfigurement.
Child Neglect without Great Bodily Harm, Permanent Disability, or Permanent Disfigurement
In Florida, the crime of Child Neglect without Great Bodily Harm, Permanent Disability, or Permanent Disfigurement is a Third Degree Felony punishable by up to five (5) years in prison, five (5) years of probation, and a $5,000 fine.
Child Neglect without Great Bodily Harm, Permanent Disability, or Permanent Disfigurement is assigned a Level 6 offense severity ranking under Florida’s Criminal Punishment Code. A judge may sentence a person convicted of Child Neglect to probation, but may also sentence the person up to the statutory maximum of five years in prison.
Child Neglect Causing Great Bodily Harm, Permanent Disability, or Permanent Disfigurement
In Florida, the crime of Child Neglect Causing Great Bodily Harm, Permanent Disability, or Permanent Disfigurement is a Second Degree Felony and punishable by up to fifteen (15) years in prison, fifteen (15) years of probation, and a $10,000 fine.
Child Neglect Causing Great Bodily Harm, Permanent Disability, or Permanent Disfigurement is assigned a Level 7 offense severity ranking under Florida’s Criminal Punishment Code and scores between 4 and 40 victim injury points.
Absent grounds for a downward departure sentence, a judge is required to sentence a person convicted of Child Neglect Causing Great Bodily Harm, Permanent Disability, or Permanent Disfigurement to a minimum sentence of 24-51 months in prison, but may also sentence the person up to the statutory maximum of 15 years in prison.
Defenses to Child Neglect
In addition to the pretrial defenses and trial defenses that can be raised in any criminal case, a specific defense to the crime of Child Neglect is:
Simple Neglect
The degree of negligence required to sustain a conviction for Child Neglect is as high as that required for the imposition of punitive damages in a civil action; thus simple negligence will not support a Child Neglect conviction. [2]
Contact Criminal Defense Lawyer Richard Hornsby
If you have been arrested or charged with the crime of Child Neglect in Central Florida or the Greater Orlando area, contact Orlando Criminal Defense Lawyer Richard Hornsby today.
The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.