Child Abuse FSS 827

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Questions and Answers

According to the given definitions, who can be considered a caregiver?

Only a child's parent

Any person aged 18 years or older

A parent, adult household member, or other person responsible for a child's welfare (correct)

Only an adult household member

What is the age limit defined for a 'child' in the given content?

Under the age of 18 years (correct)

Under the age of 20 years

Under the age of 21 years

Under the age of 16 years

What does 'placement' mean in the context of the given content?

Living with a child

Giving or transferring possession or custody of a child for adoption or with the intent or purpose of surrendering the control of the child (correct)

Providing temporary care for a child

Adopting a child

What is 'aggravated child abuse' as per the given definitions?

Willful torture, malicious punishment, or willful and unlawful caging of a child, or knowingly or willfully abusing a child and causing great bodily harm, permanent disability, or permanent disfigurement Signup and view all the answers

What does 'maliciously' mean in the context of child abuse?

Wrongfully, intentionally, and without legal justification or excuse Signup and view all the answers

What is 'mental injury' as per the given definitions?

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 Signup and view all the answers

What is 'neglect of a child' as per the given definitions?

Option not provided in the given content Signup and view all the answers

What is the purpose of the given definitions?

To define key terms related to child abuse and neglect Signup and view all the answers

What is the penalty for committing an act that causes a child to become delinquent or dependent?

Misdemeanor of the first degree Signup and view all the answers

What is required for a court to prosecute a violation of Section 827.04?

No prior adjudication is necessary Signup and view all the answers

What is the penalty for a person 21 years or older who impregnates a child under 16?

Felony of the third degree Signup and view all the answers

What is the purpose of the criminal penalties provided in Section 827.06?

To relieve the burden on public assistance programs Signup and view all the answers

What is the penalty for a person who willfully fails to provide support to a child or spouse?

Misdemeanor of the first degree Signup and view all the answers

What is the penalty for a person who is convicted of a fourth or subsequent violation of Section 827.06(2)?

Felony of the third degree Signup and view all the answers

What is the amount of unpaid support required for a felony conviction under Section 827.06(3)?

$5,000 Signup and view all the answers

What is required of the court upon a conviction under Section 827.06?

Ordering restitution in an amount equal to the total unpaid support obligation Signup and view all the answers

What is the purpose of the Legislature's findings in Section 827.06(1)?

To explain the intention behind the statute Signup and view all the answers

What is the public policy of the state of Florida, as stated in Section 827.06(1)?

That children are primarily the responsibility of their parents Signup and view all the answers

What is the meaning of 'sexual bestiality' according to the given definitions?

Sexual act between a person and an animal involving the sex organ of the one and the mouth, anus, or female genitals of the other Signup and view all the answers

What is excluded from the definition of 'sexual conduct'?

A mother's breastfeeding of her baby Signup and view all the answers

What is 'simulated' in the context of sexual conduct?

Explicit depiction of conduct that creates the appearance of sexual conduct Signup and view all the answers

What is the crime of a person who employs, authorizes, or induces a child to engage in a sexual performance?

Felony of the second degree Signup and view all the answers

What is the crime of a person who produces, directs, or promotes a sexual performance by a child?

Felony of the second degree Signup and view all the answers

What is the crime of a person who possesses with the intent to promote child pornography?

Felony of the second degree Signup and view all the answers

What is the prima facie evidence of an intent to promote child pornography?

Three or more copies of child pornography Signup and view all the answers

What is the crime of a person who knowingly possesses, controls, or intentionally views child pornography?

Felony of the third degree Signup and view all the answers

What is the exception to the crime of knowingly possessing, controlling, or intentionally viewing child pornography?

Law enforcement investigation Signup and view all the answers

What is the consequence of prosecution for an offense under this section?

It does not preclude prosecution for any other law of this state Signup and view all the answers

What is the minimum age of a person defined as a child in the context of child pornography?

18 years of age Signup and view all the answers

What is considered as deviate sexual intercourse in the given context?

Sexual conduct between persons not married to each other Signup and view all the answers

What does intentionally viewing an image mean in the context of child pornography?

Deliberately, purposefully, and voluntarily viewing an image Signup and view all the answers

What is the purpose of sadomasochistic abuse in the context of child pornography?

To derive sexual satisfaction from both inflicting and receiving harm Signup and view all the answers

What is sexual battery in the context of child pornography?

Oral, anal, or female genital penetration by, or union with, the sexual organ of another or the anal or female genital penetration of another by any other object Signup and view all the answers

What is considered as child pornography?

Any image depicting a minor engaged in sexual conduct or an image that has been created, altered, adapted, or modified to portray an identifiable minor engaged in sexual conduct Signup and view all the answers

What does the term identifiable minor mean in the context of child pornography?

A minor who is recognizable as an actual person by the person's face, likeness, or other distinguishing characteristic Signup and view all the answers

What is the purpose of the Legislature in the context of providing support?

To work collaboratively with state attorneys to identify strategies to pursue criminal penalties Signup and view all the answers

What is considered as evidence that the defendant willfully failed to make sufficient good faith efforts to legally acquire the resources to pay legally ordered support?

Evidence that a court or tribunal has entered an order that obligates the defendant to provide the support Signup and view all the answers

What is the purpose of the performance in the context of child pornography?

To exhibit any play, motion picture, photograph, or dance or any other visual representation before an audience Signup and view all the answers

What is the penalty for a person who willfully misapplies funds paid for the purpose of support of a child for the first offense?

Misdemeanor of the first degree Signup and view all the answers

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 Signup and view all the answers

What is the purpose of giving notice of the provisions of section 827.08 to each payee of any public grant made for the benefit of any child?

To inform the payee of the penalty for misuse of funds Signup and view all the answers

What does 'desertion' or 'deserts' mean in the context of section 827.10?

To leave a child in a place or with a person other than a relative with the intent not to return to the child Signup and view all the answers

What is the exception to the provision of section 827.10?

Surrendering a newborn infant in compliance with s. 383.50 Signup and view all the answers

What is the penalty for a second or subsequent conviction under section 827.08?

Felony of the third degree Signup and view all the answers

What is the purpose of section 827.08?

To prevent the misuse of child support funds Signup and view all the answers

What is the responsibility of public welfare agencies under section 827.08?

Both a and b Signup and view all the answers

What is the scope of section 827.10?

Applies to all caregivers who desert a child under circumstances in which the caregiver knew or should have known that the desertion exposes the child to unreasonable risk of harm Signup and view all the answers

What is the consequence of misapplying funds paid for the purpose of support of a child?

The child will be deprived of necessary and proper home, food, clothing, and the necessities of life Signup and view all the answers

What is considered neglect of a child according to the statute?

Failure to provide a child with food, nutrition, and medical services. Signup and view all the answers

What is the penalty for a person who willfully or by culpable negligence neglects a child and causes great bodily harm?

Felony of the second degree. Signup and view all the answers

Who may provide expert testimony in a criminal child abuse case regarding mental injury?

A physician licensed under chapter 458 or chapter 459 who has completed an accredited residency in psychiatry. Signup and view all the answers

What is the exception to the definition of neglect of a child?

Leaving a newborn infant at a hospital or fire station. Signup and view all the answers

What is the penalty for a person who knowingly or willfully abuses a child without causing great bodily harm?

Felony of the third degree. Signup and view all the answers

What is the required certification for a physician to provide expert testimony in a criminal child abuse case?

Certification as an expert witness pursuant to s. 458.3175 or s. 459.0066. Signup and view all the answers

What is the exception to the requirement for expert testimony in a criminal child abuse case?

Family court cases. Signup and view all the answers

What is the penalty for a person who willfully or by culpable negligence neglects a child without causing great bodily harm?

Felony of the third degree. Signup and view all the answers

Who may provide expert testimony in a criminal child abuse case regarding physical injury?

A physician licensed under chapter 458 or chapter 459. Signup and view all the answers

What is the purpose of the statute?

To provide a definition of child abuse and neglect. Signup and view all the answers

What is the consequence of a person who induces a child to commit or perform any act that causes the child to become a delinquent or dependent child?

A misdemeanor of the first degree Signup and view all the answers

What is the purpose of the criminal penalties provided in Section 827.06?

To relieve the burden of public assistance programs Signup and view all the answers

What is the penalty for a person who is convicted of a fourth or subsequent violation of Section 827.06(2)?

A felony of the third degree Signup and view all the answers

What is the amount of unpaid support required for a felony conviction under Section 827.06(3)?

$5,000 Signup and view all the answers

What is the public policy of the state of Florida, as stated in Section 827.06(1)?

That children should be supported primarily by their parents Signup and view all the answers

What is the consequence of a person who willfully fails to provide support to a child or spouse?

A misdemeanor of the first degree Signup and view all the answers

What is required of the court upon a conviction under Section 827.06?

To order restitution in an amount equal to the total unpaid support obligation Signup and view all the answers

What is the purpose of Section 827.04?

To prevent children from becoming delinquent or dependent Signup and view all the answers

What is the penalty for a person 21 years or older who impregnates a child under 16?

A felony of the third degree Signup and view all the answers

What is the consequence of a person who causes a child to become delinquent or dependent?

A misdemeanor of the first degree Signup and view all the answers

What is the primary purpose of the term 'maliciously' in the context of child abuse?

To differentiate between reckless and intentional harm Signup and view all the answers

What is the consequence of inflicting physical or mental injury on a child?

The caregiver is prosecuted for child abuse Signup and view all the answers

What is the purpose of the definition of 'aggravated child abuse'?

To establish a higher level of punishment for severe abuse Signup and view all the answers

What is the result of willfully torturing a child?

The caregiver is prosecuted for child abuse Signup and view all the answers

What is the significance of the term 'placement' in the context of adoption?

It refers to the transfer of custody of a child Signup and view all the answers

What is the result of intentionally inflicting physical or mental injury on a child?

The caregiver is prosecuted for child abuse Signup and view all the answers

What is the purpose of defining 'mental injury' in the context of child abuse?

To provide a framework for diagnosing and treating mental health issues Signup and view all the answers

What is the significance of the term 'caregiver' in the context of child abuse?

It refers to a person who is responsible for the child's welfare Signup and view all the answers

What does the term 'sexual conduct' include, according to the given definitions?

All of the above Signup and view all the answers

Who is guilty of the use of a child in a sexual performance?

A person who employs, authorizes, or induces a child to engage in a sexual performance Signup and view all the answers

What is the penalty for a person who violates the subsection on promoting a sexual performance by a child?

A felony of the second degree Signup and view all the answers

What is prima facie evidence of an intent to promote child pornography?

The possession of three or more copies of child pornography Signup and view all the answers

What is excluded from the definition of 'sexual conduct'?

A mother's breastfeeding of her baby Signup and view all the answers

What is the penalty for a person who knowingly possesses, controls, or intentionally views child pornography?

A felony of the third degree Signup and view all the answers

What is the exception to the crime of knowingly possessing, controlling, or intentionally viewing child pornography?

If the material is possessed, controlled, or intentionally viewed as part of a law enforcement investigation Signup and view all the answers

What is the consequence of prosecution for an offense under this section?

Prosecution of a person for an offense under this section does not preclude prosecution of that person in this state for a violation of any other law of this state Signup and view all the answers

What is the crime of a person who produces, directs, or promotes a sexual performance by a child?

Promoting a sexual performance by a child Signup and view all the answers

What is the crime of a person who possesses with the intent to promote child pornography?

Promoting child pornography Signup and view all the answers

What is considered as neglect of a child according to the statute?

A caregiver's failure to provide a child with the care, supervision, and services necessary for the child's physical and mental health. Signup and view all the answers

What is the penalty for a person who willfully or by culpable negligence neglects a child and causes great bodily harm?

A felony of the second degree. Signup and view all the answers

What is the minimum age of a person defined as a child in the context of child pornography?

Any person, whose identity is known or unknown, younger than 18 years of age Signup and view all the answers

Who may provide expert testimony in a criminal child abuse case regarding mental injury?

A psychologist licensed under chapter 490. Signup and view all the answers

What is the purpose of the exception in section 827.035?

To allow parents to leave newborn infants at a hospital or fire station without fear of prosecution. Signup and view all the answers

What is the crime of a person who employs, authorizes, or induces a child to engage in a sexual performance?

Performance by a child Signup and view all the answers

What is required for a physician to provide expert testimony in a criminal child abuse case?

A physician who has completed an accredited residency in psychiatry or has obtained certification as an expert witness. Signup and view all the answers

What is the purpose of the Legislature in the context of providing support?

To work collaboratively with state attorneys to identify strategies for pursuing criminal penalties Signup and view all the answers

What is the element of knowledge that may be proven in a case of willful failure to provide support?

Evidence that a court or tribunal has entered an order obligating the defendant to provide support Signup and view all the answers

What is the penalty for a person who commits aggravated child abuse?

A felony of the first degree. Signup and view all the answers

What is the purpose of section 827.03?

To provide a definition of child abuse and neglect. Signup and view all the answers

What is considered as deviate sexual intercourse in the given context?

Sexual contact between persons not married to each other, consisting of contact between the penis and the anus, the mouth and the penis, or the mouth and the vulva Signup and view all the answers

What is considered as abuse of a child according to the statute?

A caregiver's intentional act that could reasonably be expected to result in serious physical or mental injury to a child. Signup and view all the answers

What is the consequence of prosecution for an offense under this section?

The defendant may be penalized under the criminal law Signup and view all the answers

What is the penalty for a person who knowingly or willfully abuses a child without causing great bodily harm?

A felony of the third degree. Signup and view all the answers

What is the purpose of the performance in the context of child pornography?

To derive sexual satisfaction Signup and view all the answers

What is the term that means a person who is recognizable as an actual person by the person's face, likeness, or other distinguishing characteristic?

Identifiable minor Signup and view all the answers

What is the purpose of the expert testimony requirements in section 827.03?

To ensure that only qualified experts provide testimony in child abuse cases. Signup and view all the answers

What is considered as child pornography?

Both a and b Signup and view all the answers

What is the evidence that may be sufficient to prove that a defendant willfully failed to provide support to a child?

Evidence that the defendant willfully failed to make sufficient good faith efforts to legally acquire the resources to pay legally ordered support Signup and view all the answers

What is the penalty for a person who misapplies funds paid for the purpose of support of a child for the first offense?

Misdemeanor of the first degree Signup and view all the answers

What is the responsibility of public welfare agencies under section 827.08?

To give notice of the provisions of section 827.08 to each payee of any public grant made for the benefit of any child Signup and view all the answers

What is the exception to the provision of section 827.10?

A person who surrenders a newborn infant in compliance with section 383.50 Signup and view all the answers

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 Signup and view all the answers

What is 'desertion' or 'deserts' as defined in section 827.10?

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 with the intent not to provide for the care of the child Signup and view all the answers

What is the purpose of giving notice of the provisions of section 827.08 to each payee of any public grant made for the benefit of any child?

To inform the payee of the penalties for misapplying funds Signup and view all the answers

What is the consequence of misapplying funds paid for the purpose of support of a child?

The child is deprived of the necessities of life Signup and view all the answers

What is the penalty for a second or subsequent conviction under section 827.08?

Felony of the third degree Signup and view all the answers

What is the responsibility of the caregiver in relation to the support of a child?

To provide necessary and proper home, food, clothing, and the necessities of life Signup and view all the answers

What is the purpose of section 827.08?

To prevent the misuse of funds paid for the purpose of support of a child Signup and view all the answers

Study Notes

Definitions of Caregiver, Child, and Care

A caregiver is a parent, adult household member, or other person responsible for a child's welfare.
A child refers to any person under the age of 18 years.
Care means support and services necessary to maintain the child's physical and mental health, including food, nutrition, clothing, shelter, supervision, medicine, and medical services.

Child Abuse and Neglect

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, causing great bodily harm, permanent disability, or permanent disfigurement
Child abuse means intentional infliction of physical or mental injury upon a child, or an intentional act that 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 the necessary care, including food, nutrition, clothing, shelter, supervision, medicine, and medical services.

Penalties for Child Abuse and Neglect

Aggravated child abuse is a felony of the first degree.
Child abuse is a felony of the third degree.
Neglect of a child is a felony of the third degree.

Expert Testimony in Child Abuse Cases

A physician must be licensed under chapter 458 or chapter 459 and have completed an accredited residency in psychiatry or obtained certification as an expert witness to provide expert testimony on mental injury in a child abuse case.
A psychologist must be licensed under chapter 490 to provide expert testimony on mental injury in a child abuse case.

Contributing to the Delinquency or Dependency of a Child

Any person who willfully fails to provide support to a child or spouse whom they are legally obligated to support commits a misdemeanor of the first degree.
A person who is convicted of a fourth or subsequent violation or who owes over $5,000 in support commits a felony of the third degree.

Nonsupport of Dependents

Any person who willfully fails to provide support to a child or spouse whom they are legally obligated to support commits a misdemeanor of the first degree.
A person who is convicted of a fourth or subsequent violation or who owes over $5,000 in support commits a felony of the third degree.

Sexual Performance by a Child and Child Pornography

Any person who employs, authorizes, or induces a child to engage in a sexual performance or promotes a sexual performance by a child commits a felony of the second degree.
Possession of child pornography with the intent to promote is a felony of the second degree.
Intentional viewing of child pornography is a felony of the third degree.

Misuse of Child Support Money

Any person who willfully misapplies funds paid for the purpose of supporting a child commits a misdemeanor of the first degree for the first offense and a felony of the third degree for a second or subsequent offense.

Unlawful Desertion of a Child

Desertion means leaving a child with the intent not to return and not to provide for the child's care.
Unlawful desertion of a child is a criminal offense.

Definitions of Caregiver, Child, and Care

A caregiver is a parent, adult household member, or other person responsible for a child's welfare.
A child refers to any person under the age of 18 years.
Care means support and services necessary to maintain the child's physical and mental health, including food, nutrition, clothing, shelter, supervision, medicine, and medical services.

Child Abuse and Neglect

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, causing great bodily harm, permanent disability, or permanent disfigurement
Child abuse means intentional infliction of physical or mental injury upon a child, or an intentional act that 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 the necessary care, including food, nutrition, clothing, shelter, supervision, medicine, and medical services.

Penalties for Child Abuse and Neglect

Aggravated child abuse is a felony of the first degree.
Child abuse is a felony of the third degree.
Neglect of a child is a felony of the third degree.

Expert Testimony in Child Abuse Cases

A physician must be licensed under chapter 458 or chapter 459 and have completed an accredited residency in psychiatry or obtained certification as an expert witness to provide expert testimony on mental injury in a child abuse case.
A psychologist must be licensed under chapter 490 to provide expert testimony on mental injury in a child abuse case.

Contributing to the Delinquency or Dependency of a Child

Any person who willfully fails to provide support to a child or spouse whom they are legally obligated to support commits a misdemeanor of the first degree.
A person who is convicted of a fourth or subsequent violation or who owes over $5,000 in support commits a felony of the third degree.

Nonsupport of Dependents

Any person who willfully fails to provide support to a child or spouse whom they are legally obligated to support commits a misdemeanor of the first degree.
A person who is convicted of a fourth or subsequent violation or who owes over $5,000 in support commits a felony of the third degree.

Sexual Performance by a Child and Child Pornography

Any person who employs, authorizes, or induces a child to engage in a sexual performance or promotes a sexual performance by a child commits a felony of the second degree.
Possession of child pornography with the intent to promote is a felony of the second degree.
Intentional viewing of child pornography is a felony of the third degree.

Misuse of Child Support Money

Any person who willfully misapplies funds paid for the purpose of supporting a child commits a misdemeanor of the first degree for the first offense and a felony of the third degree for a second or subsequent offense.

Unlawful Desertion of a Child

Desertion means leaving a child with the intent not to return and not to provide for the child's care.
Unlawful desertion of a child is a criminal offense.

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Description

This quiz covers the definitions of key terms related to child welfare in Florida, including caregiver, child, and placement. Test your understanding of the law and its applications.