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If you have been charged with committing a crime on a child in DeLand, Daytona Beach, DeBary, Deltona, Orange City, or other areas of Volusia County, and need help, contact the Law Office of Leanna J. Smith today. Our experienced criminal defense attorneys are dedicated to defending the rights of those who find themselves in trouble with the law, and may be able to lessen or drop these charges against you.
The following definitions apply under Chapter 827 of the Florida Statutes - Abuse of Children:
Under Florida Statute 827.03(2)(c), “Child Abuse” is defined as the 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; or the 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.
Penalty: child abuse is considered a felony of the third degree, which is punishable by up to five years imprisonment and up to $5,000 in fines.
Under Florida Statute 827.03(2)(d), “Child Neglect” is defined as a caregiver’s failure or omission to provide a child with care, supervision, and services necessary to maintain a child’s health and wellbeing; or a caregiver’s failure to make a reasonable effort to protect a child from abuse, neglect, or exploitation by another person.
Penalty: the penalty for child neglect is dependent upon whether the neglect caused the child great bodily harm, permanent disability, or permanent disfigurement.
Under Florida Statute 827.03(1)(a), “Aggravated Child Abuse” is defined as committing aggravated battery on a child; willfully torturing, maliciously punishing, or willfully and unlawfully caging a child; or knowingly and willfully abusing a child and causing great bodily harm, permanent disability, or permanent disfigurement.
To be charged with aggravated child abuse, it is not required that the offender be a parent or custodian of the child.
Penalty: aggravated child abuse is considered a felony of the first degree, which is punishable by up to 30 years imprisonment and up to $10,000 in fines.
Florida Statute 827.03(2)(b), “Aggravated Child Neglect” is defined as a caregiver who neglects a child willfully or in a culpably negligent manner that causes great bodily harm, permanent disability, or permanent disfigurement to the child.
The charges for aggravated neglect of a child may be based on recurring neglectful incidents, or on a single incident or omission that could reasonably result in or actually results in serious physical or mental injury, or a substantial risk of death, to a child.
Penalty: aggravated child neglect is considered a felony of the second degree, which is punishable by up to 15 years imprisonment and up to $10,000 in fines.
Under Florida Statute 827.071(5)(a), “Possession of Child Pornography” is defined as unlawfully and knowingly possessing, controlling, or intentionally viewing materials that exhibit sexual conduct by a child.
Pornographic materials can include photographs, videos, exhibitions, shows, representations, digital images, data files, computer depictions, or other presentations of sexual conduct by a child.
Sexual conduct is considered as both actual or simulated sexual activity, actual lewd exhibition of genitals, as well as the actual physical contact with a person’s genitals, pubic area, buttocks, or breasts, whether they are clothed or unclothed, with the intent to arouse or gratify the sexual desire of either child or offender.
Penalty: possession of child pornography is considered a felony of the third degree, and is punishable by up to five years imprisonment and up to $5,000 in fines.
Aggravated possession of child pornography is considered a felony of the second degree, which is punishable by up to 15 years imprisonment and up to $10,000 in fines.
Under Florida Statute 847.0135(4), “Traveling to Meet a Minor for Unlawful Sex” is defined as any person who travels within the state of Florida, to this state, or from this state, attempting to engage in unlawful sexual conduct with a child, or with another person believed to be a child; or who causes another to do so or attempt to do so.
Penalty: traveling to meet a minor for unlawful sex is considered a felony of the second degree, and is punishable by up to 15 years imprisonment and up to $10,000 in fines.
Multiple charges of traveling to meet a minor for unlawful sex can be applied for each separate use of a computer, online or internet service, or electronic device to discuss engaging in unlawful sex with a minor or a person believed to be a minor.
Under Florida Statute 794.05, “Unlawful Activity with Certain Minors” is defined as a person aged 24 years or older who engages in consensual sexual activity with a person who is 16 or 17 years of age.
Penalty: unlawful sexual activity with certain minors is considered a felony of the second degree in the state of Florida, and is punishable by up to 15 years imprisonment and up to $10,000 in fines.
Contact the Law Office of Leanna J. Smith
When you need an honest, dedicated criminal defense attorney to defend you against charges for crimes on children and minors in DeLand, Daytona Beach, Deltona, or surrounding Volusia County, contact the Law Office of Leanna J. Smith. If you’re in trouble, we want to help.