56 Questions
What is considered neglect of a child?
A caregiver's failure to provide a child with food, nutrition, and shelter
What is the penalty for a person who willfully or by culpable negligence neglects a child and causes great bodily harm, permanent disability, or permanent disfigurement to the child?
Felony of the second degree
Who may provide expert testimony in a criminal child abuse case regarding mental injury?
A licensed psychologist
What is not considered neglect of a child?
A parent leaving a newborn infant at a hospital or fire station
What is the penalty for a person who commits aggravated child abuse?
Felony of the first degree
Who may not provide expert testimony in a criminal child abuse case?
A licensed physician without an accredited residency in psychiatry
What is required for a physician to provide expert testimony in a criminal child abuse case?
All of the above
What is the penalty for a person who knowingly or willfully abuses a child without causing great bodily harm, permanent disability, or permanent disfigurement to the child?
Felony of the third degree
What is the penalty for a person who willfully or by culpable negligence neglects a child without causing great bodily harm, permanent disability, or permanent disfigurement to the child?
Felony of the third degree
What is a caregiver's failure to make a reasonable effort to protect a child from?
All of the above
What is the definition of a 'child' according to this chapter?
Any person under the age of 18 years.
What is the definition of 'placement' in this chapter?
The giving or transferring of possession or custody of a child for adoption or with the intent or purpose of surrendering the control of the child.
What is the definition of 'aggravated child abuse'?
Willfully torturing, maliciously punishing, or willfully and unlawfully caging a child.
What does 'maliciously' mean in the context of child abuse?
Wrongfully, intentionally, and without legal justification or excuse.
What is the definition of 'mental injury' in this chapter?
Injury to the intellectual or psychological capacity of a child as evidenced by a discernible and substantial impairment in the ability of the child to function within the normal range of performance and behavior.
What is the definition of 'caregiver' in this chapter?
A parent, adult household member, or other person responsible for a child's welfare.
What is the definition of 'child abuse'?
All of the above.
What is the primary purpose of malicious acts towards a child?
To cause the child unjustifiable pain or injury.
What is the penalty for a person who willfully fails to provide support to a child or spouse they are legally obligated to support?
Misdemeanor of the first degree
What is the minimum amount of unpaid support owed to a child or spouse for a person to be convicted of a felony of the third degree?
$5,000
What is the penalty for a person 21 years of age or older who impregnates a child under 16 years of age?
Felony of the third degree
What is the purpose of the criminal penalties provided in section 827.06?
To relieve the burden of public assistance programs
What is the requirement for a court to order restitution in a conviction under section 827.06?
The court must order restitution in an amount equal to the total unpaid support obligation
What is the penalty for a person who commits an act that causes or tends to cause a child to become a delinquent or dependent child?
Misdemeanor of the first degree
What is the requirement for a person to be convicted of a felony of the third degree under section 827.06?
All of the above
What is the purpose of the Legislature's finding in section 827.06?
To recognize the public policy of the state
What is the effect of an adjudication that a child is delinquent or dependent on a prosecution under section 827.04?
The adjudication has no effect on a prosecution under section 827.04
What is the consequence of a person's lack of chastity or consent in a prosecution under section 827.04(3)?
The person's lack of chastity or consent is not a defense to the crime
What is the minimum age of a person to be considered a minor according to the Florida Statutes?
18 years of age
What does 'deviate sexual intercourse' mean in the context of the Florida Statutes?
Contact between the penis and the anus, the mouth and the penis, or the mouth and the vulva
What is 'child pornography' in the context of the Florida Statutes?
Any image depicting a minor engaged in sexual conduct or an image created to portray a minor engaged in sexual conduct
What is the definition of 'intentionally view' in the context of the Florida Statutes?
To deliberately, purposefully, and voluntarily view multiple images or motion pictures over a period of time
What does 'promote' mean in the context of the Florida Statutes?
To procure, manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmit, transmute, publish, distribute, circulate, disseminate, present, exhibit, send, post, share, or advertise
What is the definition of 'sadomasochistic abuse' in the context of the Florida Statutes?
Flagellation or torture by or upon a person, or the condition of being fettered, bound, or otherwise physically restrained, for the purpose of deriving sexual satisfaction from inflicting harm on another or receiving such harm oneself
What is the definition of 'sexual bestiality' in the context of the Florida Statutes?
Any form of sexual contact between a person and an animal
What is the minimum age of a person to be considered an adult in the context of the Florida Statutes?
18 years of age
What does 'identifiable minor' mean in the context of the Florida Statutes?
A minor who is recognizable as an actual person by the person’s face, likeness, or other distinguishing characteristic
What is the penalty for a person who willfully misapplies funds paid for the purpose of support of a child?
Misdemeanor of the first degree
What does 'performance' mean in the context of the Florida Statutes?
Any play, motion picture, photograph, or dance or any other visual representation exhibited before an audience
What is meant by 'care' in the context of unlawful desertion of a child?
Support and services necessary to maintain the child's physical and mental health
Who is exempt from prosecution under the unlawful desertion of a child law?
A person who surrenders a newborn infant in compliance with s. 383.50
What is the penalty for a caregiver who deserts a child under circumstances in which the caregiver knew or should have known that the desertion exposes the child to unreasonable risk of harm?
Felony of the third degree
What is required of public welfare agencies regarding the provisions of the misuse of child support money law?
They must do both a and c
What is the definition of 'desertion' in the context of unlawful desertion of a child?
To leave a child in a place or with a person other than a relative with the intent not to return to the child
What is the penalty for a person who willfully misapplies funds paid for the purpose of support of a child for a second or subsequent conviction?
Felony of the third degree
What does not apply to a person who surrenders a newborn infant in compliance with s. 383.50?
The provisions of the unlawful desertion of a child law
What is included in the definition of 'sexual conduct'?
Actual or simulated sexual intercourse, deviate sexual intercourse, or sexual bestiality
What is the penalty for a person who is guilty of promoting a sexual performance by a child?
A felony of the second degree
What is prima facie evidence of an intent to promote child pornography?
Three or more copies of a photograph
What is an exception to the law prohibiting the possession of child pornography?
Law enforcement investigations
What is 'sexual performance'?
Any performance or part thereof which includes sexual conduct by a child
What is the penalty for a person who knowingly possesses, controls, or intentionally views child pornography?
A felony of the third degree
What is 'simulated' in the context of child exploitation?
The explicit depiction of conduct that creates the appearance of sexual conduct
What is not a separate offense in the context of child pornography?
Each copy of a photograph or motion picture
What is the effect of prosecuting a person for an offense under this section?
It does not preclude prosecution of that person in this state for a violation of any other law of this state
What is a person guilty of if they employ, authorize, or induce a child to engage in a sexual performance?
Use of a child in a sexual performance
Study Notes
Definitions and Terminology
- "Caregiver" means a parent, adult household member, or other person responsible for a child's welfare.
- "Child" means any person under the age of 18 years.
- "Placement" means giving or transferring possession or custody of a child to another person for adoption or with the intent to surrender control of the child.
Abuse, Aggravated Abuse, and Neglect of a Child
- "Aggravated child abuse" occurs when a person:
- Commits aggravated battery on a child.
- Willfully tortures, maliciously punishes, or willfully and unlawfully cages a child.
- Knowingly or willfully abuses a child and causes great bodily harm, permanent disability, or permanent disfigurement.
- "Child abuse" means:
- Intentional infliction of physical or mental injury upon a child.
- An intentional act that could reasonably be expected to result in physical or mental injury to a child.
- Active encouragement of any person to commit an act that results or could reasonably be expected to result in physical or mental injury to a child.
- "Neglect of a child" means:
- A caregiver's failure or omission to provide a child with necessary care, supervision, and services.
- A caregiver's failure to make a reasonable effort to protect a child from abuse, neglect, or exploitation.
Penalties for Abuse, Aggravated Abuse, and Neglect
- Aggravated child abuse: felony of the first degree.
- Child abuse: felony of the third degree.
- Neglect of a child: felony of the third degree, unless it results in great bodily harm, permanent disability, or permanent disfigurement, then it's a felony of the second degree.
Expert Testimony
- A physician may not provide expert testimony in a criminal child abuse case unless they are licensed under chapter 458 or chapter 459 or have obtained certification as an expert witness.
- A psychologist may not give expert testimony in a criminal child abuse case regarding mental injury unless licensed under chapter 490.
Contributing to the Delinquency or Dependency of a Child
- A person who willfully fails to provide support to a child or spouse commits a misdemeanor of the first degree.
- A person who is convicted of a fourth or subsequent violation of this section commits a felony of the third degree.
Nonsupport of Dependents
- Any person who willfully fails to provide support to a child or spouse commits a misdemeanor of the first degree.
- A person who is convicted of a fourth or subsequent violation of this section commits a felony of the third degree.
- Restitution may be ordered in an amount equal to the total unpaid support obligation.
Sexual Performance by a Child
- "Child" or "minor" means any person under 18 years of age.
- "Child pornography" means any image depicting a minor engaged in sexual conduct.
- "Sexual performance" means any performance or part thereof that includes sexual conduct by a child.
- A person who employs, authorizes, or induces a child to engage in a sexual performance commits a felony of the second degree.
- A person who promotes a sexual performance by a child commits a felony of the second degree.
- A person who possesses with the intent to promote any photograph, motion picture, or other presentation that includes child pornography commits a felony of the second degree.
- A person who knowingly possesses, controls, or intentionally views any photograph, motion picture, or other presentation that includes child pornography commits a felony of the third degree.
Misuse of Child Support Money
- Any person who willfully misapplies funds paid for the purpose of support of a child commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, and for a second or subsequent conviction, a felony of the third degree.
Unlawful Desertion of a Child
- "Desertion" or "deserts" means to leave a child in a place or with a person other than a relative with the intent not to return to the child and not to provide for the care of the child.
- A caregiver who deserts a child under circumstances that expose the child to unreasonable risk of harm commits a felony of the third degree.
This quiz covers definitions and terminology related to child abuse, aggravated abuse, and neglect, including caregiver and child definitions, and placement. It also outlines the specifics of aggravated child abuse.
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