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Florida Statutes (Last Updated: April 21, 2021) |
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TITLE XLVI. CRIMES |
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CHAPTER 825. ABUSE, NEGLECT, AND EXPLOITATION OF ELDERLY PERSONS AND DISABLED ADULTS |
SECTION 825.102. Abuse, aggravated abuse, and neglect of an elderly person or disabled adult; penalties.
- 1(1) 2“Abuse of an elderly person or disabled adult” means:11(a) 12Intentional infliction of physical or psychological injury upon an elderly person or disabled adult;26(b) 27An intentional act that could reasonably be expected to result in physical or psychological injury to an elderly person or disabled adult; or50(c) 51Active encouragement of any person to commit an act that results or could reasonably be expected to result in physical or psychological injury to an elderly person or disabled adult.
81A person who knowingly or willfully abuses an elderly person or disabled adult without causing great bodily harm, permanent disability, or permanent disfigurement to the elderly person or disabled adult commits a felony of the third degree, punishable as provided in s. 123775.082, 124s. 125775.083, 126or s. 128775.084129.
130(2) 131“Aggravated abuse of an elderly person or disabled adult” occurs when a person:144(a) 145Commits aggravated battery on an elderly person or disabled adult;155(b) 156Willfully tortures, maliciously punishes, or willfully and unlawfully cages, an elderly person or disabled adult; or172(c) 173Knowingly or willfully abuses an elderly person or disabled adult and in so doing causes great bodily harm, permanent disability, or permanent disfigurement to the elderly person or disabled adult.203A person who commits aggravated abuse of an elderly person or disabled adult commits a felony of the first degree, punishable as provided in s. 228775.082, 229s. 230775.083, 231or s. 233775.084234.
235(3)(a) 236“Neglect of an elderly person or disabled adult” means:2451. 246A caregiver’s failure or omission to provide an elderly person or disabled adult with the care, supervision, and services necessary to maintain the elderly person’s or disabled adult’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 elderly person or disabled adult; or3102. 311A caregiver’s failure to make a reasonable effort to protect an elderly person or disabled adult from abuse, neglect, or exploitation by another person.335Neglect of an elderly person or disabled adult may be based on repeated conduct or on a single incident or omission that results in, or could reasonably be expected to result in, serious physical or psychological injury, or a substantial risk of death, to an elderly person or disabled adult.
385(b) 386A person who willfully or by culpable negligence neglects an elderly person or disabled adult and in so doing causes great bodily harm, permanent disability, or permanent disfigurement to the elderly person or disabled adult commits a felony of the second degree, punishable as provided in s. 433775.082, 434s. 435775.083, 436or s. 438775.084439.440(c) 441A person who willfully or by culpable negligence neglects an elderly person or disabled adult without causing great bodily harm, permanent disability, or permanent disfigurement to the elderly person or disabled adult commits a felony of the third degree, punishable as provided in s. 485775.082, 486s. 487775.083, 488or s. 490775.084491.
