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
Verified against the 2026 Florida Statutes: September 13, 2026
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
Elements marked AND are cumulative. Elements marked OR identify statutory alternatives; one applicable alternative must be established when that theory is charged. Conditional elements apply only to the identified statutory track.
- Element 1AND — Required
Required Facts
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 2AND — Required
Required Facts
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.
Jury Instructions
Jury Instructions
No dedicated Florida Standard Jury Instruction was located in the July 2026 compilation. Consult the current statute, applicable case law, and agency or legal guidance.
View Official Jury InstructionsImportant 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.