Florida criminal charge
Violation of s. 823.07; penalty in Florida
Violation of s. 823.07; penalty is a criminal offense under Florida law, defined by Fla. Stat. § 823.09. Its classification is not fixed: Florida assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Fla. Stat. § 823.09.
What is the penalty for violation of s. 823.07; penalty in Florida?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 60 days (Violation of s. 823.07 - base offense — Applies to any person who violates any provision of s. 823.07.; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $500 (Violation of s. 823.07 - base offense — Applies to any person who violates any provision of s. 823.07.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 5 years (Violation of s. 823.07 resulting in death or permanent injury to minor via culpable negligence — Applies when death of a minor child or permanent physical or mental injury to a minor child results from willful and wanton misconduct amounting to culpable negligence during the violation of s. 823.07.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Violation of s. 823.07 resulting in death or permanent injury to minor via culpable negligence — Applies when death of a minor child or permanent physical or mental injury to a minor child results from willful and wanton misconduct amounting to culpable negligence during the violation of s. 823.07.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
Applies to current (2025 Florida Statutes).
How is violation of s. 823.07; penalty classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Violation of s. 823.07 - base offense | Misdemeanor of the Second Degree | Applies to any person who violates any provision of s. 823.07. | Fla. Stat. § 823.09undefined |
| Violation of s. 823.07 resulting in death or permanent injury to minor via culpable negligence | Felony of the Third Degree | Applies when death of a minor child or permanent physical or mental injury to a minor child results from willful and wanton misconduct amounting to culpable negligence during the violation of s. 823.07. | Fla. Stat. § 823.09undefined |
Common questions about violation of s. 823.07; penalty in Florida
Is violation of s. 823.07; penalty a felony or a misdemeanor in Florida?
It depends on the circumstances: violation of s. 823.07; penalty ranges from a Misdemeanor of the Second Degree to a Felony of the Third Degree in Florida under Fla. Stat. § 823.09.
Violation of s. 823.07 - base offense: Misdemeanor of the Second Degree (Fla. Stat. § 823.09) · Violation of s. 823.07 resulting in death or permanent injury to minor via culpable negligence: Felony of the Third Degree (Fla. Stat. § 823.09)
What are the penalties for violation of s. 823.07; penalty in Florida?
Penalties for violation of s. 823.07; penalty in Florida depend on how it is classified — from a Misdemeanor of the Second Degree up to a Felony of the Third Degree — with the ranges set by Fla. Stat. § 775.082; the full table of ranges by variant is published on this page.
Which Florida statute covers violation of s. 823.07; penalty?
Violation of s. 823.07; penalty is governed by Fla. Stat. § 823.09 (Violation of s. 823.07; penalty).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.