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Florida statute

Fla. Stat. § 784.05 — Culpable negligence

Current through 2025 Florida Statutes

Part of Chapter 784: Assault; Battery; Culpable Negligence, Florida Statutes.

Criminal charges under this statute

Full text of Fla. Stat. § 784.05

Statutory text current through the 2025 Florida Statutes. This publication reproduces the official statutory text; it is not the official statutes of the State of Florida.

Fla. Stat. § 784.05Primary source, current through the 2025 Florida Statutes
(1) Whoever, through culpable negligence, exposes another person to personal injury commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (2) Whoever, through culpable negligence, inflicts actual personal injury on another commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (3) Whoever violates subsection (1) by storing or leaving a loaded firearm within the reach or easy access of a minor commits, if the minor obtains the firearm and uses it to inflict injury or death upon himself or herself or any other person, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. However, this subsection does not apply:(a) If the firearm was stored or left in a securely locked box or container or in a location which a reasonable person would have believed to be secure, or was securely locked with a trigger lock;(b) If the minor obtains the firearm as a result of an unlawful entry by any person;(c) To injuries resulting from target or sport shooting accidents or hunting accidents; or(d) To members of the Armed Forces, National Guard, or State Militia, or to police or other law enforcement officers, with respect to firearm possession by a minor which occurs during or incidental to the performance of their official duties.When any minor child is accidentally shot by another family member, no arrest shall be made pursuant to this subsection prior to 7 days after the date of the shooting. With respect to any parent or guardian of any deceased minor, the investigating officers shall file all findings and evidence with the state attorney’s office with respect to violations of this subsection. The state attorney shall evaluate such evidence and shall take such action as he or she deems appropriate under the circumstances and may file an information against the appropriate parties. 1(4) As used in this act, the term “minor” means any person under the age of 16.

Official sources

Legal terms used in this section

Questions this section answers

Is culpable negligence a felony or a misdemeanor in Florida?

It depends on the circumstances: culpable negligence ranges from a Misdemeanor of the Second Degree to a Felony of the Third Degree in Florida under Fla. Stat. § 784.05.

Culpable negligence exposing another to injury: Misdemeanor of the Second Degree (Fla. Stat. § 784.05(1)) · Culpable negligence inflicting actual injury: Misdemeanor of the First Degree (Fla. Stat. § 784.05(2)) · Culpable negligence — loaded firearm accessible to minor causing injury or death: Felony of the Third Degree (Fla. Stat. § 784.05(3))

Which Florida statute covers culpable negligence?

Culpable negligence is governed by Fla. Stat. § 784.05 (Culpable negligence).

This reference is informational and is not legal advice.