Contributing to Delinquency or Dependency of a Child
Causing, encouraging, or inducing conduct that causes or tends to cause a child to become or remain delinquent, dependent, or in need of services; includes a distinct adult-impregnation track.
Florida Statute
§ 827.04
Contributing to the delinquency or dependency of a child; penalty
Quick Summary
Identify the contributing-conduct track or the separate adult-impregnation-of-child-under-16 track. A juvenile adjudication is not required for the general offense.
Classification Matrix
Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.
Contributing to Delinquency or Dependency
F.S. § 827.04(1)
The general contributing-conduct track involving a child becoming or remaining delinquent, dependent, or in need of services.
Adult Impregnation of Child Younger Than 16
F.S. § 827.04(3)
A person 21 years of age or older impregnating a child younger than 16 years of age.
Elements of the Offense
Elements of the Offense
- Element 1
The defendant caused, encouraged, or contributed to a child's becoming or remaining delinquent, dependent, or in need of services, or induced the child to perform an act tending to cause that status.
Plain language: A juvenile adjudication is not required. Identify the defendant's conduct and the statutory child-status theory.
- Element 2
For the separate felony track, a person 21 years of age or older impregnated a child younger than 16 years of age.
Plain language: This is a separate statutory track; consent and the child's lack of previous chastity are not defenses.
Jury Instructions
Jury Instructions
Instruction 16.4
Contributing to the Delinquency or Dependency of a Child
Florida Standard Jury Instructions in Criminal Cases, Instruction 16.4, for F.S. 827.04(1).
View Official InstructionAdditional Notes
Additional Notes
Quick Reference
The general offense is not dependent on a juvenile adjudication. Separately assess the adult-impregnation track when the defendant is 21 or older and the child is younger than 16.
Important
For the adult-impregnation track, a child's consent or lack of previous chastity is not a defense under the statute. Verify the current statute and any potentially overlapping sexual-offense charge.