by Norm Wolfinger, State Attorney

Over the past year there have been several high-profile news stories in which people have not reported a crime. One news story you may recall reported a child who was abducted in a casino restroom in Las Vegas, Nevada. This child was brutalized, and fortunately the offender was apprehended based on a casino security video tape of him and his friend following a little girl into the restroom. The culprit’s friend, who did not play an active role in the crime itself, merely walked away and failed to report this heinous crime. Under Nevada law, the authorities were unable to charge the friend who did not report the crime. We would not have this type of incident in Florida, because you and I are under an obligation to report suspected child abuse as defined under Florida law.

Section 39.201(1), Florida Statutes, makes it a crime punishable by up to sixty days in jail and/or a fine of up to $500.00 for any person having such knowledge or reasonable cause to suspect, to knowingly and willfully refuse to make such a report. It is not a defense to this criminal charge against a non-reporting person that, "I wasn’t positive." or "I didn’t want to get involved."

Section 39.001(6), Florida Statutes, states that "The impact that abuse, abandonment, or neglect has on the victimized child, siblings, family structure, and inevitably on all citizens of the state has caused the Legislature to determine that the prevention of child abuse… shall be a priority of this state."

To give you help in understanding when a report should be made, the following are definitions of characteristics of child abuse:

"Abandoned" is making no provision for the child’s support and not making an effort to communicate with the child, and willful rejection of parental obligations.

"Abuse" is an act that results in any physical, mental, or sexual injury to the child. Corporal discipline of a child by a parent or legal custodian for disciplinary purposes does not in itself constitute abuse when it does not result in harm to the child.

"Harm" to a child occurs when any person: 1. Inflicts or allows to be inflicted upon the child physical, mental, or emotional injury; 2. Purposefully giving a child poison, alcohol, non-prescribed drugs; 3. Leaving a child without adult supervision; 4. Inappropriate or excessively harsh disciplinary action that is likely to result in physical injury, mental injury or emotional injury. Corporal discipline may be considered excessive or abusive when it results in injuries or significant bruises or welts.

"Neglect" occurs when the caregiver deprives a child, or the child is allowed to be deprived of necessary food, clothing, shelter, or medical treatment.