K.B.S. v. State
K.B.S. v. State
Opinion of the Court
K.B.S., a juvenile, challenges the trial court’s order finding that she committed the delinquent act of child abuse, a third degree felony. We affirm the order of the trial court and write only-to express our concern that the legislature did not place an age-based restriction on these types of prosecutions.
The petition for delinquency alleged that K.B.S. violated section 827.03(1), Florida Statutes (Supp. 1996), in that she knowingly or willfully abused a child without causing great bodily harm, permanent disability, or permanent disfigurement to the child. The evidence at trial showed that K.B.S., a fourteen-year-old juvenile, intentionally burned the victim, who was nine years old at the time, with a lighted cigarette. Intentional infliction of a physical or mental injury upon a child is included in the definition of child abuse under section 827.03(l)(a). The statute states that “[a] person who knowingly or willfully abuses a child ... commits a felony of the third degree.” This would allow the State to prosecute a person of any age for the offense of child abuse if the victim were under age eighteen. Here, the State chose to prosecute a fourteen-year-old for acts committed against a nine-year-old. However, the State could, under the statute, prosecute a nine-year-old (or younger) for child abuse if he or she intentionally inflicted a mental or physical injury upon a fourteen-year-old. This would appear to us to be an unintended result, and the legislature may well wish to review this issue.
Affirmed.
Reference
- Full Case Name
- K.B.S. v. STATE of Florida
- Cited By
- 3 cases
- Status
- Published