Unlawful Desertion of a Child
A caregiver deserting a child under circumstances exposing the child to an unreasonable risk of harm.
Florida Statute
§ 827.10
Unlawful desertion of a child
Quick Summary
Confirm caregiver responsibility, leaving the child with a nonrelative or in a place, intent not to return or provide care, and unreasonable risk of harm.
Classification Matrix
Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.
Child Desertion
F.S. § 827.10(2)
Caregiver desertion of a child under circumstances exposing the child to unreasonable risk of harm.
Elements of the Offense
Elements of the Offense
- Element 1
The defendant was a caregiver who deserted a child, meaning the caregiver left the child in a place or with a person other than a relative with intent not to return and not to provide care.
Plain language: Establish caregiver status, where and with whom the child was left, and the intent to abandon care.
- Element 2
The caregiver knew or should have known that the desertion exposed the child to an unreasonable risk of harm.
Plain language: Document the specific conditions creating unreasonable risk.
Important Definitions
Important Definitions
Desertion
Leaving a child in a place or with a person other than a relative with intent not to return to the child and intent not to provide for the child's care.
Caregiver
A person with the meaning provided in section 39.01 for this statute.
Additional Notes
Additional Notes
Quick Reference
Safe-haven surrender in compliance with section 383.50 is excluded. This statute does not preclude a separate child-abuse or neglect prosecution when supported by the facts.