Fla. Stat. § 827.03
Child Abuse in Florida
Florida’s child abuse statute is broad, covering intentional acts and threats of injury. The charges are serious and emotionally charged. Here is what the law actually requires.
Attorney-Reviewed Statute Resource
Reviewed by Jeff T. Gorman, Criminal Defense Attorney & Former 19th Circuit Prosecutor (Fla. Bar #538183).
Last reviewed: June 2026
What the Statute Covers
Under § 827.03, child abuse includes intentionally injuring a child, committing an act likely to cause injury, or encouraging someone else to do so. The statute separates ordinary child abuse from aggravated child abuse (which involves aggravated battery, willful torture, malicious punishment, or caging) and neglect.
The Governing Statute
Fla. Stat. § 827.03 — Child Abuse
""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; or active encouragement of any person to commit such an act."
Read the full statute on Online Sunshine →
The Degrees & Penalties
Child Abuse — Degrees & Penalties
Child abuse (third-degree felony): up to 5 years in prison.
Aggravated child abuse (first-degree felony): up to 30 years.
Neglect of a child (second- or third-degree felony depending on harm): up to 15 years.
Aggravated child abuse (first-degree felony): up to 30 years.
Neglect of a child (second- or third-degree felony depending on harm): up to 15 years.
What a Defense Attorney Looks For
- Intent. The State must prove intentional conduct — accidents and reasonable discipline are defenses.
- Medical causation. Alternate explanations for injuries (accidents, medical conditions) are common and important.
- False or exaggerated allegations, which arise in custody disputes.
- Lawful parental discipline, which Florida recognizes within limits.
Frequently Asked Questions
Is spanking child abuse in Florida?
Not automatically. Florida recognizes a parent’s right to reasonable corporal discipline. It becomes child abuse under § 827.03 when it causes injury or crosses into excessive, malicious punishment. The line is fact-specific.
What is aggravated child abuse in Florida?
Aggravated child abuse (§ 827.03) involves aggravated battery on a child, willful torture, malicious punishment, or caging. It is a first-degree felony punishable by up to 30 years in prison.
Charged Under This Statute?
A statute on a page is not the same as your case. Talk to an attorney who has handled these charges — free, confidential.
This page summarizes Fla. Stat. § 827.03 for general informational purposes and is not legal advice. Statutes change; while this page is reviewed by a licensed Florida attorney, always verify the current text on the official Online Sunshine source or consult an attorney about your specific situation. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.