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Florida statute

Fla. Stat. § 825.102 — Abuse, aggravated abuse, and neglect of an elderly person or disabled adult; penalties

Current through 2025 Florida Statutes

Part of Chapter 825: Abuse, Neglect, and Exploitation of Elderly Persons and Disabled Adults, Florida Statutes.

Criminal charges under this statute

Full text of Fla. Stat. § 825.102

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. § 825.102Primary source, current through the 2025 Florida Statutes
(1) “Abuse of an elderly person or disabled adult” means:(a) Intentional infliction of physical or psychological injury upon an elderly person or disabled adult;(b) An intentional act that could reasonably be expected to result in physical or psychological injury to an elderly person or disabled adult;(c) Active 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; or(d) Intentionally, and without lawful authority, isolating or restricting access of an elderly person or a disabled adult to family members for any length of time which could reasonably be expected to result in physical or psychological injury to the elderly person or disabled adult, or with the intent to promote, facilitate, conceal, or disguise some form of criminal activity involving the person or property of the elderly person or disabled adult. It is a defense to a violation of this paragraph that the defendant had reasonable cause to believe that his or her action was necessary to protect the elderly person or disabled adult from danger to his or her welfare.A 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. 775.082, s. 775.083, or s. 775.084. (2) “Aggravated abuse of an elderly person or disabled adult” occurs when a person:(a) Commits aggravated battery on an elderly person or disabled adult;(b) Willfully tortures, maliciously punishes, or willfully and unlawfully cages, an elderly person or disabled adult; or(c) Knowingly 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.A person who commits aggravated abuse of an elderly person or disabled adult commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (3)(a) “Neglect of an elderly person or disabled adult” means:1. A 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; or2. A caregiver’s failure to make a reasonable effort to protect an elderly person or disabled adult from abuse, neglect, or exploitation by another person.Neglect 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.(b) A 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. 775.082, s. 775.083, or s. 775.084.(c) A 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. 775.082, s. 775.083, or s. 775.084.

Official sources

Legal terms used in this section

Questions this section answers

Is abuse, aggravated abuse, and neglect of an elderly person or disabled adult; penalties a felony or a misdemeanor in Florida?

It depends on the circumstances: abuse, aggravated abuse, and neglect of an elderly person or disabled adult; penalties ranges from a Felony of the Third Degree to a Felony of the First Degree in Florida under Fla. Stat. § 825.102.

Abuse of an elderly person or disabled adult (no great bodily harm): Felony of the Third Degree (Fla. Stat. § 825.102(1)) · Aggravated abuse of an elderly person or disabled adult: Felony of the First Degree (Fla. Stat. § 825.102(2)) · Neglect of an elderly person or disabled adult (causing great bodily harm): Felony of the Second Degree (Fla. Stat. § 825.102(3)(b)) · Neglect of an elderly person or disabled adult (no great bodily harm): Felony of the Third Degree (Fla. Stat. § 825.102(3)(c))

Which Florida statute covers abuse, aggravated abuse, and neglect of an elderly person or disabled adult; penalties?

Abuse, aggravated abuse, and neglect of an elderly person or disabled adult; penalties is governed by Fla. Stat. § 825.102 (Abuse, aggravated abuse, and neglect of an elderly person or disabled adult; penalties).

This reference is informational and is not legal advice.