Florida Child Injury Lawyer Blog

When a child is enrolled in a Florida Day Care Center, a parent expects that the child is cared for in a supportive environment that is well maintained with proper staffing. Unfortunately, children at day care centers often suffer injuries due to the negligence or carelessness of the day care center. When a child suffers an injury at a day care center, a parent is often faced with the dilemma or decision as to what to do. In particular, should a parent contact a Florida Child Injury Lawyer when a child is injured at a Florida Day Care Center? The simple answer to this question is "Yes". It is important that a parent is properly and timely informed of the legal rights of the injured child when the child suffers injuries at a Florida Day Care Center. Is a Florida Day Care Center legally liable for every single injury that takes place at the Florida Day Care Center or during an activity supervised by a Florida Day Care Center? The simple answer to this question is "No". Because each case or incident must be evaluated based on its own facts, circumstances, and merits, the review of the case should be completed by a Florida Child Injury Lawyer to make sure that the parent is properly advised of the legal rights of the injured child. The four basic elements of a Florida Day Care Center case are as follows:

Duty. A Florida Day Care Center has the duty to provide reasonable and timely care and supervision of the children enrolled in the program. In addition, the Florida Day Care Center has the duty to following the laws of the State of Florida including the Florida Statutes, Florida Administrative Code, local codes and ordinances, and other laws / regulations for Florida Day Care Centers.

Breach of Duty. As the second element of a case, a Florida Day Care Center breaches a duty when it fails to take appropriate action or acts (through its employees, staff, and agents) in a negligent or careless manner.

Causation. The third element known as Causation is often times the most difficult element to prove. In order to establish a proper case or claim for a viable personal injury claim against a Florida Day Care Center, it must be shown the the breach of duty was the actual cause or a substanial cause of the damages.

Damages. This element refers to the injuries caused by the Breach of Duty. Injuries can be in the form of physical OR emotional injuries; however, in many instances, it may be difficult to prove up the actual emotional injuries caused by the Breach of Duty. As stated above, each claim or case must be evaluated on its own merit.

If all of the above elements can be established, does this mean that a case or claim should be pursued against the Florida Day Care Center by the parents of the injured child? The simple answer to this question is "Maybe." There are a number of factors that a parent should consider before pursuing a claim or case against the Florida Day Care Center. An experienced Florida Child Injury Lawyer can assist a parent in making the right decision for a particular claim or case.

The book - Florida Day Care Center Injuries - Legal Rights of the Injured Child - Building Blocks of Knowledge for Parents - has chapters on Indoor Facilities, Outdoor Facilities, Playgrounds, Staffing, Emergency Procedures, and other topics. You can get this book for free at Florida Day Care Center Injuries.

In Florida and other cases, there are legal ramifications when a DUI (Driving Under the Influence) accident leads to the personal injuries or death of a driver, passenger, or pedestrian. Even a few drinks can lead to a serious crash and have an impact on the lives of accident victims and family members. Here are the legal cases that may be involved with a DUI accident that result in personal injuries and / or a wrongful death:

1. Criminal Case. The local police and State Attorney's office can prosecute a driver for DUI under the applicable criminal statutes. Florida has an established .08 alcohol level as the presumed impairment level for a person who drinks and then drives. Keep in mind that a person who has been charged with a DUI is entitled to representation from a Florida Criminal Defense attorney or the Public Defender's office. Evidence can be challenged and questioned as part of the criminal defense on the case. While restitution can be part of a plea deal or sentence, restitution is typically limited to out of pocket expenses rather than those associated with pain, suffering, mental anguish, and related damages. The family of a injured person or deceased person from a DUI incident can have input into the prosecution of the criminal defense but the ultimate decision as to a plea deal is left to the State Attorney / Prosecutor and then to the Judge presiding on the criminal case. The results or resolution of the criminal case are not necessarily binding on the pursuit of a civil case for damages / injuries caused by the DUI automobile accident.

2. Driver's License. There are specific Florida Statutes in place that deal with the suspension or revocation of a driver's license following a DUI accident. The suspension of the driver's license is often times connected to the criminal case. The administration and supervision of the issuance of driver's licenses is handled by the Florida Department of Highway Safety and Motor Vehicles. This is technically an administrative type of proceeding which is different than the civil and / or criminal case involving the Florida DUI Automobile Accident.

3. Civil Case. Unlike the criminal case which is initiated by the local police / State Attorney and the administrative case which is, in part, supervised by the Florida Department of Highway Safety and Motor Vehicles, a civil case is initiated by the accident victim or family of the accident victim. Typically, a Florida Personal Injury Lawyer is called in to represent the accident victim and / or the family. The legal standard for a civil DUI accident case is the preponderance of evidence. In other words, the Plaintiff must prove that the case seeking damages is supported by the greater weight of the evidence. While there is no legal requirement that insurance be in place to pursue a civil case, most attorneys will focus the case on the available insurance in place. Like other legal matters, each Florida DUI Accident case must be evaluated on its own merits, facts, and circumstances.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Automobile Accidents, Medical Care and Treatment, School Injuries, Day Care Center Injuries, and other topics. You can get this book for free at The ABCs of Child Injury. Another helpful resource for parents is the book When a Parent's World Goes from Full to Empty - The Wrongful Death of a Child - What You Need to Know About The Florida Wrongful Death Act. You can get this book for free at From Full to Empty.

In the State of Florida, a person is considered an "adult" for a number of legal purposes when the person reaches the age of 18. While a person may be 18 years old and considered an adult for a number of purposes, the person does not stop at the point in time of the 18th birthday of being a son or daughter. The bond of a parent and child certainly continues well beyond the 18th birthday. Once a child graduates high school, many are fortunate enough through hard work and long hours of study of being able to attend college. For many, the future is bright for a young adult who puts in the time and effort to attend college, increase his or her knowledge base, and graduate with a college degree. It seems for some that the opportunities are many in number. When a college student dies in an automobile accident as a result of the negligence of others, the dreams are dismantled and grief and dispair set in for the parents and other family members. It is tragic that a young adult with such a bright future dies on or near Florida roadways due to the negligence of others. Many of these accidents are certainly avoidable especially those that involve a DUI or the action of drinking and driving on the part of the at fault driver / party.

When a college student or other person dies in the State of Florida as a result of the negligence of another person, a case can be pursued pursuant to the Florida Wrongful Death Act. For purposes of the Florida Wrongful Death Act, a "minor child" is defined as a child under the age of 25 years old. As such, the parent of a child who dies as a result of the negligence of others can pursue a case or claim for the pain, suffering, loss of companionship, loss of services, and other damages related to the wrongful death.

Florida Wrongful Death cases can be quite complicated. Because of this, it is important for a parent to contact a Child Injury Lawyer for advice, consultation, and legal representation. The book titled - When a Parent's World Goes From Full to Empty - The Wrongful Death of a Child - What You Need to Know About The Florida Wrongful Death Act. This book covers issues including the steps needed to file a lawsuit, the role of the personal representative of the estate, damages recoverable, life expectancy, and other issues. You can get this book for free at From Full to Empty.

In addition to the laws and statutes on point, a Child Injury Lawyer will also evaluate the type and availability of liability and automobile insurance in place available to cover the damages associated with the particular case. There are both legal and practical issues to consider when handling a Florida Wrongful Death Case.

In Florida and other States, day care centers should be safe havens for children. A day care center should be a place where a child is supervised by care providers who understand and appreciate the needs of children. In most instances, a day care center is a supportive and safe environment for children. However, there are facilities where a child has been harmed by the very individuals charged with protecting them. In some instances, it is a family member of the day care center operator or employee. The abuse, neglect, and, yes, sexual assault of a child in a day care center is reported far too often. It is these horrible acts that give a parent pause as to the use of a day care center facility at all. Unfortunately, the acts of the few often times affect the mindset or opinion of others.

When a child is sexually assaulted at a day care center, the actions or inactions of a parent or guardian can have a significant impact on the child. Furthermore, the actions or inactions of a parent or guardian can have a significant impact on a potential criminal investigation or prosecution of a case. If a parent suspects that a child has been harmed at a day care center, a parent can take a number of actions to both protect the child and to prosecute the wrongdoer. In Winter Haven, Florida, it was reported that a 3 year old boy was allegedly molested by a day care operator's husband. When the mother picked up the boy from the day care center, the mother asked her son a very common question - how was your day? The boy responded by stating that "Mr. Gardner licked my pee pee."

The mother remained calm and went home with the child where she asked him again about his day and for the child to show his mother on a teddy bar what had happened. Thereafter, the mother took the boy to a local hospital where he was examined and DNA evidence was gathered. Through a criminal investigation and legal intervention, the suspect - Carroll Gardner - was required to provide a DNA sample which matched the sample taken from the boy. Based on the boy's testimony and DNA evidence gathered, it would appear that there is a strong criminal case against Mr. Gardner. Of course, like other Florida criminal matters, Mr. Gardner will be entitled to representation by a Florida Criminal Defense Attorney or the local Public Defender's Office.

Polk County Sheriff Grady Judd was quite appalled by the alleged acts of Mr. Gardner and stated that, "Is that about the most disgusting thing you've ever heard?" Sheriff Judd is right on point. Unfortunately, child molesters often times seek out their victims in the very place where one would think that a child would be safe like a day care center, school, church, sports league, and other locations / venues.

The Polk County Sheriff's Office and abuse investigators, as part of the criminal investigation, would like to know if there are any other victims out there. If a parent has concerns or reasonable suspicion that a child was molested or otherwise harmed at Kat Gardner's 24/7 Daycare, the parent should contact the Department of Children and Families Abuse Hotline and / or the Polk County Sheriff's Office.

The mother of the 3 year old boy as referenced abuse should be commended for her quick and calm thinking when responding to the horror story as related by her son. The DNA evidence collected should qualify as key evidence in the criminal prosecution against Mr. Gardner. You can read more about this story at Polk County Day Care Center - Criminal Investigation - Sexual Assault of 3 Year Old Boy.

Parent should be aware of resources and guidance available when there is a reasonable suspicion of sexual abuse or harm of a child at a day care center. These include the following:

Emergency Room. If a child has been molested, it is important for the child to get a medical evaluation. In some instances, the abuse or neglect was not recent so DNA evidence cannot be obtained. Nevertheless, a medical evaluation which will include a verbal history of the incident or incidents can be helpful documentation and evidence in a subsequent criminal prosecution. Most, if not all, emergency room staff members are trained to respond to allegations of sexual assault involving a child.

Pediatrician. The child's pediatrician may be another good resource to conduct the evaluation, examination, and obtain a medical history for the child.

Florida Department of Children and Families. The Department of Children and Families otherwise known as DCF is the government agency in the State of Florida that is charged with conducting investigations as to the abuse / neglect of a child. This agency also is responsible for the licensure and inspection of day care centers. There is a Florida Child Abuse Hotline in place that can field calls when a person / parent has a question or concern about the abuse or neglect of a child.

Florida Child Protection Team. The Department of Health Children's Medical Services Child Protection Team (CPT) is a government program / division put in place to assist and supplement child abuse and child neglect investigations in the State of Florida. The Florida Child Protection Team has trained counselors and therapists to properly interview a child suspected of being abused, neglected or sexually assaulted. The program and Florida Child Protection Team is authorized to act pursuant to Section 39.303, Florida Statutes.

Florida Child Injury Lawyer. A parent can also reach out to speak to a Florida Child Injury Lawyer to discuss the respective rights of the victimized child. A Florida Child Injury Lawyer can provide advice, guidance, and, when appropriate, legal representation of the child in the criminal and / or civil proceeding regarding the abuse, neglect, or assault of the child.

Law Enforcement. If a parent suspects that a child has been the victim of abuse, neglect, or assault, the matter can be reported directly to local law enforcement to conduct an investigation. In most cases, the local law enforcement will coordinate its efforts with the Department of Children and Families and the Child Protection Team.

Licensed Mental Health Counselor / Licensed Social Worker. Counselors and social workers are also good resources for parents and children. A parent may be able to gain access to a counselor or social worker through law enforcement, Department of Children and Families, Child Protection Team, or privately.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Day Care Center Injuries, School Injuries, Medical Care and Treatment, Homeowner's Insurance, and other topics. You can get this book for free at The ABCs of Child Injury. The book titled - Florida Day Care Center Injuries - Legal Rights of the Injured Child Building Blocks of Knowledge for Parents - has chapters on Indoor Facilities, Outdoor Facilities - Playgrounds, Staffing, Record Keeping, Emergency Procedures, and other topics. You can get this book for free at Florida Day Care Center Injuries.

Throughout the State of Florida, there are playgrounds in virtually every school, day care center and neighborhood. Playgrounds are great places for children to interact with other children, get some exercise and activity, and use their imaginations. On most days playgrounds are areas or sites of the great enjoyment for children. At times, children are injured on playgrounds. Some injuries are unforeseeable and unavoidable. While other personal injuries are preventable with better maintenance and supervision of the playground area. When a school, day care center, or after school program has play time or recess time, it is important that the staff at the facility or school provide proper supervision on the playground. To the extent that there are state or local regulations regarding staff ratios and playground equipment, those regulations should be followed. Otherwise, common sense and safety measures should be taken for all playgrounds including those at schools, day care centers, parks, community centers, and homes.

Prior to permitting children to play in the playground area, the playground equipment and ground should be surveyed and inspected to make sure that there is no glass or other debris that could cause harm to a child. Furthermore, property owners and / or school officials should make sure that all equipment is in good order. As to the number of children playing at any given time, state regulations, local regulations, manufacturer recommendations, and/or reasonable safety conditions for the area should be followed. Furthermore, there should be a zero tolerance policy as the bullying acts on the playground. One act of bullying that is not addressed often times leads to another act of bullying. When bullying acts are ignored or tolerated, it is only a matter time before child is injured on a playground or other areas.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on School Injuries, Playground Injuries, Day Care Center Injuries, and other topics. You can get this book for free at The ABCs of Child Injury. Another helpful resource for parents is the book titled - Florida Day Care Center Injuries - Legal Rights of the Injured Child - Building Blocks of Knowledge for Parents. This book has chapters on Day Care Center Regulations, Indoor Facilities, Outdoor Facilities, Emergency Procedures, Records Keeping, and other topics. You can get this book for free at Florida Day Care Center Injuries.

When a child is injured as a result of an automobile accident, a parent is faced with many issues and challenges. In most instances, a parent must deal with the following issues: automobile insurance, medical bills, compensation, and other matters. Automobile insurance in the State of Florida is mandated under Florida law. Florida has a No-Fault system in place that deals with some (but not all of) insurance matters and payments. In the State of Florida, every owner of a registered vehicle must carry PIP (Personal Injury Protection) insurance and property damage insurance. All other forms of insurance are optional under Florida law in obtaining automobile insurance.

Many people believe that they have a "full" coverage under an automobile insurance policy. There really is no such thing as full coverage. There is a minimum mandatory coverage and then the optional coverage that an automobile owner chooses to have him pay for damages, bills, or costs associated with an automobile accident. Furthermore, insurance coverages have different policy limits depending on the premium selected. Finally in some instances, a person has an umbrella policy which increases the amount of bodily injury and uninsured motorist coverage across the board.

When a child is injured as a result of an automobile accident the coverages and benefits that a child may be entitled to depending on the facts, circumstances, medical treatment, injuries and damages sustained as a result of the accident. Because insurance issues and compensation matters can be quite complex and are often challenged by the insurance companies, it is often times helpful for a parent to contact a Florida Automobile Accident lawyer for advice, consultation, and legal representation. The book titled - When the Wheels Stop Spinning - Legal Rights of the Injured Child - What Parents Should Know After the Accident - has chapters on General Legal Issues, Insurance Laws and Coverages, Compensation, Bodily Injury Insurance, Uninsured Motorist Coverage, Personal Injury Protection, Wrongful Death, and other topics. You can get this book for free at When the Wheels Stop Spinning.

In Florida and other States, children should be safe and well protected at or near schools or day care centers. Unfortunately, many children are injured every year as a result of a criminal, abusive, and / or negligent acts. Some acts are unforeseeable and could not have been prevented even with reasonable and necessary safety precautions in place. Other incidents, however, could have been prevented with better planning, supervision, maintenance, and security of the day care center or school. The primary mission or goal of each and every school, employee, administrator, aide, caregiver, and others should be the best interest of the children. Local and State rules and regulations should be followed. Furthermore, facility policies and procedures should also be followed as well. In addition, common sense and due diligence are very important concepts that should be kept in mind at all times when caring for children.

At times, there is criminal activity that affects the safety or well being of children enrolled in the school or day care center. Some criminal acts are even committed by the very people hired to care for the children including but not limited to teachers, aides, counselors, coaches, care providers, and others. Other criminal acts take place at or near the day care center by third parties like shootings, assaults, and other bad acts.

Day care centers and schools should be safe havens for children. When children are injured as a result of an accident or incident, there may be a claim or case to pursue on behalf of the injured child. Each case should be evaluated on its own facts and circumstances.

David Wolf is a child injury attorney who has devoted his career to the enforcement and protection of the rights of children. He is the author of the book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know. The book has chapters on Day Care Center Injuries, School Injuries, Damages / Compensation, and other topics. You can get this book for free at The ABCs of Child Injury. Another good resource for parents is the book titled - Florida Day Care Center Injuries - Legal Rights of the Injured Child - Building Blocks of Knowledge for Parents. This book covers a variety of topics including Indoor Facilities, Playgrounds, Emergency Procedures, Incident Reports, Staffing, and other topics. You can get this book for free at Florida Day Care Center Injuries.

Is the Ignorance of the Victim's Age or Bona Belief in the Child's Age a Legal Defense in a Criminal Case for Lewd or Lascivious Battery, Molestation, Conduct or Exhibition? The simple answer to this question is "No".

Section 800.04 (3), Florida Statutes defines the following crimes:

Lewd or Lascivious Battery;
Lewd or Lascivious Molestation;
Lewd or Lascivious Contact; and
Lewd or Lascivious Exhibition.

When any of the above acts are committed in the presence or or with a child, there are, at times, arguments or defenses attempted regarding the perpetrator's knowledge or awareness of the victim's age. Certainly, a 5 year old cannot be mistaken with an 18 year old. However, from a mere visual or intellectual standpoint, it may be difficult at times to distinguish a 15 year old from an 18 year old. In some cases, the victim (himself or herself) lies or misrepresents the victim's age.

In the State of Florida, the laws criminalizing Lewd or Lascivious acts clearly provides that the ignorance or belief of the victim's age by the perpetrator is not a valid defense to a criminal prosecution pursued under Section 800.04, Florida Statutes.

Section 800.04 (3), Florida Statutes states as follows:

(3) IGNORANCE OR BELIEF OF VICTIM’S AGE.—The perpetrator’s ignorance of the victim’s age, the victim’s misrepresentation of his or her age, or the perpetrator’s bona fide belief of the victim’s age cannot be raised as a defense in a prosecution under this section.

The above statute pertains to a criminal case rather than a civil case. The victim's actions or misrepresentations may be a viable issue in a civil case. Like other legal matters, each case must be evaluated on its own facts and merits. For instance, if a child is a middle school student and the perpetrator knows about the child's grade level, there will be little doubt as to the knowledge of the predator at the time of the lewd or lascivious acts. In addition, there are often times text messages, e-mails and other evidence that clearly establish the perpetrator's knowledge of the child's age at the time of the "bad" acts.

Again, it should be noted that civil cases are different than criminal cases. The standard of proof is different and the analysis is different. In a criminal case, the State Attorney and local law enforcement usually make the decision whether a case will be prosecuted or not.

In a civil case, the pursuit of the case will depend on the intentions and requests of the parents. While the parents of an injured child subjected to lewd or lascivious acts are not required to have an attorney to pursue a case, it is often advisable for the parents to hire a Florida Child Injury Lawyer regarding these matters. A Florida Child Injury Lawyer can help a parent sort through the legal issues, parties to name in the case, sources of compensation, and other matters.

During the school year and summer months, parents must rely on other individuals to care for and supervise their children. Whether it is a day care center, school, neighbor, camp, after school program, youth sports program, friend, relative, or a babysitter, a parent often times needs help caring for a child. Furthermore, it is part of a normal regimen of a child to be around adults, teachers, aides, babysitters, child care providers, and others. On most days, the child is cared for in a supportive environment. Unfortunately, child predators and molesters live or travel to virtually every community in the United States. A child predator or molester will use a position of trust or opportunities of vulnerability to prey on or molest a child.

Section 800.04, Florida Statutes contains some of the Florida law on point when a child is subjected to or exposed to the inappropriate / conduct of the alleged perpetrator. Each part of the statutes (like other laws on point) provide some details and definitions as to the nature of the conduct and the seriousness or level of the crime associated with such conduct.

Section 800.04 (5), Florida Statutes criminalizes Lewd or Lascivious Molestation as:

(a) A person who intentionally touches in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks, or the clothing covering them, of a person less than 16 years of age, or forces or entices a person under 16 years of age to so touch the perpetrator, commits lewd or lascivious molestation.
(b) An offender 18 years of age or older who commits lewd or lascivious molestation against a victim less than 12 years of age commits a life felony, punishable as provided in s. 775.082(3)(a)4.
(c)1. An offender less than 18 years of age who commits lewd or lascivious molestation against a victim less than 12 years of age; or
2. An offender 18 years of age or older who commits lewd or lascivious molestation against a victim 12 years of age or older but less than 16 years of age
commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

Within the same statute (Section 800.04, Florida Statutes), there is also reference to the following crimes as well: Lewd or Lascivious Battery under Section 800.04 (4), Lewd or Lascivious Conduct under Section 800.04 (6), and Lewd or Lascivious Exhibition Section 800.04 (7).

Lewd or Lascivious Molestation is a crime defined by Florida law. When the evidence and facts support a case, the State Attorney / Prosecutor will use best efforts to prosecute the defendants / predators who harm the child through horrendous acts of molestation. At times, the evidence is insufficient to sustain a criminal prosecution but still is sufficient enough to warrant a civil case or claim against the Defendant and possibly other entities that caused or contributed to causing the acts of molestation. It should be noted that the standards of proof are different in the State of Florida between a civil case and a criminal case. The Prosecutor / State Attorney must prove that the child was molested beyond reasonable doubt while in a civil case - the standard of proof is the preponderance of the evidence which is the greater weight of the evidence. When a school, day care center or other entity is brought into the civil case. The following elements must be proved to establish a civil case against the entity:

1. Duty;
2. Breach of Duty;
3. Causation; and
4. Damages.

Let's say a school hires a janitor or custodial help and fails to secure a background check. If a background check was performed, it would have shown a prior arrest and conviction for the assault on a child. Had a background check been properly performed, the janitor or custodian would not have been hired. Furthermore (for purposes of this hypothetical case example), the janitor molested an elementary school aged child on school grounds during school hours. A civil case can be plead regarding these facts. The school had a duty to conduct a background check and breached this duty. Because of this breach, the janitor had access to the child and molested the child thereby causing damages. All of the above elements of a civil case for negligenc would have been met to pursue the case against the school. Of course, each case must be evaluated on its own facts and circumstances.

A Florida Child Injury Lawyer can advise the parents regarding the rights of the child and the potential civil cases seeking damages / compensation for the injured child.

Child predators, molesters, and other intent on harming child to satisfy his or her desires and criminal conduct will use many tricks and schemes to accomplish their goals and missions. Tragically, every year, many children are harmed and sexually battered by the very individuals entrusted with the care and supervision of the children including but not limited to teachers, teacher aides, coaches, mentors, counselors, school workers, day care center workers, child care providers, babysitters and others.

Section 800.04, Florida Statutes contains some of the Florida law on point when a child is subjected to or exposed to the inappropriate / conduct of the alleged perpetrator. Each part of the statutes (like other laws on point) provide some details and definitions as to the nature of the conduct and the seriousness or level of the crime associated with such conduct.

Section 800.04 (4), Florida Statutes criminalizes Lewd or Lascivious Battery as:

A person who:
(a) Engages in sexual activity with a person 12 years of age or older but less than 16 years of age; or
(b) Encourages, forces, or entices any person less than 16 years of age to engage in sadomasochistic abuse, sexual bestiality, prostitution, or any other act involving sexual activity
commits lewd or lascivious battery, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

Within the same statute (Section 800.04, Florida Statutes), there is also reference to the following crimes as well: Lewd or Lascivious Molestation under Section 800.04 (5), Lewd or Lascivious Conduct under Section 800.04 (6), and Lewd or Lascivious Exhibition Section 800.04 (7).

Lewd or Lascivious Battery is a crime defined by Florida law. Children especially young children have no ability intellectually, emotionally, or by law to give consent for the Defendant for the sexual battery. Many predators and molesters are under the false belief that the child's "consent" gives them free reign to rape, batter, and abuse the child. This is far from the truth and reality in most every situation. The sexual battery of a child is a serious crime against a child and one that merits both a criminal prosecution and a civil case (when practical) to pursue damages and compensation from the predator / molester and possibly other entities like schools, day care centers, camps, and others when the conduct or negligence of others causes or contributed in some way to the child being subjected to the "bad" acts of the predator / molester.

A Florida Child Injury Lawyer can advise the parents regarding the rights of the child and the potential civil cases seeking damages / compensation for the injured child.

In home, schools, day care centers, and other locations, children should be cared for in a supportive environment that protects the children and focuses on the health, safety and welfare of the children. These places should be safe havens for children. Unfortunately and, yes, tragically, many children are subjected to just terrible conduct on the part of perpetrators who put their own sordid and vile interests over the safety and well being of the child. Section 800.04, Florida Statutes contains some of the Florida law on point when a child is subjected to or exposed to the inappropriate / conduct of the alleged perpetrator. Each part of the statutes (like other laws on point) provide some details and definitions as to the nature of the conduct and the seriousness or level of the crime associated with such conduct.

Section 800.04 (7), Florida Statutes criminalizes Lewd or Lascivious Exhibition as:

(a) A person who:
1. Intentionally masturbates;
2. Intentionally exposes the genitals in a lewd or lascivious manner; or
3. Intentionally commits any other sexual act that does not involve actual physical or sexual contact with the victim, including, but not limited to, sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual activity
in the presence of a victim who is less than 16 years of age, commits lewd or lascivious exhibition.
(b) An offender 18 years of age or older who commits a lewd or lascivious exhibition commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(c) An offender less than 18 years of age who commits a lewd or lascivious exhibition commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(8) EXCEPTION.—A mother’s breastfeeding of her baby does not under any circumstance constitute a violation of this section.

Within the same statute (Section 800.04, Florida Statutes), there is also reference to the following crimes as well: Lewd or Lascivious Battery under Section 800.04 (4), Lewd or Lascivious Molestation under Section 800.04 (5), and Lewd or Lascivious Conduct Section 800.04 (6).

Lewd or Lascivious Exhibition is a crime defined by Florida law. Unlike some other crimes as well as sex crimes, there is no legal requirement of a touching, assault or battery when dealing with either the criminal case of Lewd or Lascivious Exhibition or a civil case. When there is no actual physical injury in a civil case, there may be different standards that apply when dealing with the injuries sustained by the child. In these cases, the emotional harm or mental pain and suffering is the focus of the damages or injury in a civil case. Because of the complexities and challenges of emotional injuries ONLY cases, the parents of the injured child should seek legal representation to discuss the potential rights and remedies for the injured child. A Florida Child Injury Lawyer can advise the parents regarding the rights of the child and the potential civil cases seeking damages / compensation for the injured child.

In home, schools, day care centers, and other locations, children should be cared for in a supportive environment that protects the children and focuses on the health, safety and welfare of the children. These places should be safe havens for children. Unfortunately and, yes, tragically, many children are injured, molested, and / or harmed in the very environment that should be safety zones or areas for children. Section 800.04, Florida Statutes contains some of the Florida law on point when a child is subjected to or exposed to the inappropriate / conduct of the alleged perpetrator. Each part of the statutes (like other laws on point) provide some details and definitions as to the nature of the conduct and the seriousness or level of the crime associated with such conduct.

Section 800.04 (6), Florida Statutes criminalizes Lewd or Lascivious Conduct as:

(a) A person who:
1. Intentionally touches a person under 16 years of age in a lewd or lascivious manner; or
2. Solicits a person under 16 years of age to commit a lewd or lascivious act
commits lewd or lascivious conduct.
(b) An offender 18 years of age or older who commits lewd or lascivious conduct commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(c) An offender less than 18 years of age who commits lewd or lascivious conduct commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

Within the same statute (Section 800.04, Florida Statutes), there is also reference to the following crimes as well: Lewd or Lascivious Battery under Section 800.04 (4), Lewd or Lascivious Molestation under Section 800.04 (5), and Lewd or Lascivious Exhibition Section 800.04 (7).

Lewd or Lascivious Conduct is a crime defined by Florida law. If a person is successfully prosecuted for this crime, the perpetrator / criminal defendant could face prison time for these criminal acts. With or without a successful criminal prosecution, a civil case can also be pursued against the criminal defendant and possibly other entities depending on their fault or negligence in allowing or failing to stop the criminal acts from being committed. For example, if a school failed to do a background check or otherwise failed to properly supervise a school employee, this may be a basis to include the school (private or public) in a lawsuit seeking compensation for damages / injuries sustained by the child.

Civil cases involving Lewd or Lascivious Conduct can be quite complicated. Because of this, it is often times helpful for a child and the child's parents to have legal representation on these matters. A Florida Child Injury Lawyer can advise the parents regarding the rights of the child, available remedies, possible sources of compensation, and other matters.