16.5. Neglect Of A Child

16.5 NEGLECT OF A CHILD 827.03(3)(b), Fla. Stat. (Great Bodily Harm, Permanent Disability, or Permanent Disfigurement) To prove the crime of neglect of a child with manent [great bodily harm] [permanent , the state must prove the following four elements beyond a reasonable doubt: 1. [Name of defendant] Give as applicable a . ce [willfully] [by culpable negligence [name of victim] with the care, supervision, and services necessary to maintain [name of victim]s physical or mental health. b. failed to make a reasonable effort to protect [name of victim f] rom abuse, neglect, or exploitation by another person. 2. In so doing, [name of defendant] caused manent [great bodily harm] [permanent to [name of victim]. 3. [Name of defendant] was a caregiver for [name of victim. ] 4. [Name of victim] was under the age of eighteen years. Neglect of a child may be based on repeated conduct or on a single incident or omission that resulted in, or reasonably could have been expected to result in, serious physical or mental injury, or a substantial risk of death, to a child. Caregiver means a parent, adult household member, or other person responsible for a childs welfare. Definition: Give if applicable I will now define what is meant by thrme te culpable negligence: Each of us has a duty to act reasonably toward others. If there is a violation of that duty, without any conscious intention to harm, that violation is negligence. But culpable negligence is more than a failure to use ordinary care for others. For negligence to be called culpable negligence, it must be gross and flagrant. The negligence must be committed with an utter disregard for the safety of others. Culpable negligence is consciously doing an act or following a course of conduct that the defendant must have known or reasonably should have known, was likely to cause death or great bodily harm.