Florida Statutes 827.10 – Unlawful desertion of a child
Current as of: 2024 | Check for updates
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(1) As used in this section, the term:
For details, see Fla. Stat. § 775.082(3)(e)
(a) “Care” means support and services necessary to maintain the child‘s physical and mental health, including, but not limited to, food, nutrition, clothing, shelter, supervision, medicine, and medical services that a prudent person would consider essential for the well-being of the child.
Attorney's Note
Under the Florida Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Felony of the third degree | up to 5 years | up to $5,000 |
Terms Used In Florida Statutes 827.10
- Caregiver: means a parent, adult household member, or other person responsible for a child's welfare. See Florida Statutes 827.01
- Child: means any person under the age of 18 years. See Florida Statutes 827.01
- person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
(b) “Caregiver” has the same meaning as provided in s. 39.01.
(c) “Child” means a child for whose care the caregiver is legally responsible.
(d) “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 with the intent not to provide for the care of the child.
(e) “Relative” has the same meaning as provided in s. 39.01.
(2) 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 commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) This section does not apply to a person who surrenders an infant in compliance with s. 383.50.
(4) This section does not preclude prosecution for a criminal act under any other law, including, but not limited to, prosecution of child abuse or neglect of a child under s. 827.03.