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Statute:
784.05 Culpable negligence.
Incarceration, house arrest,
extensive community service, probation and/or expensive court
costs can result from an arrest for culpable negligence. Former
Broward County Prosecutor Leah H. Mayersohn knows the law.
Having served successfully on both sides—prosecution and
defense—she is in the most advantageous position to advise you
and protect your rights. Her professionalism and trial
experience have earned her multiple awards, including Best of
the US, Top Lawyer, and Martindale Hubbell’s AV rating.
Call
Leah H. Mayersohn NOW.
This is a serious offense with
potentially serious consequences.
(1) Whoever, through culpable negligence, exposes another person
to personal injury commits a misdemeanor of the second degree,
punishable as provided in s. 775.082 or s. 775.083.
(2) Whoever, through culpable negligence, inflicts actual
personal injury on another commits a misdemeanor of the first
degree, punishable as provided in s. 775.082 or s. 775.083.
(3) Whoever violates subsection (1) by storing or leaving a
loaded firearm within the reach or easy access of a minor
commits, if the minor obtains the firearm and uses it to inflict
injury or death upon himself or herself or any other person, a
felony of the third degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084. However, this subsection
does not apply:
(a) If the firearm was stored or left in a securely locked box
or container or in a location which a reasonable person would
have believed to be secure, or was securely locked with a
trigger lock;
(b) If the minor obtains the firearm as a result of an unlawful
entry by any person;
(c) To injuries resulting from target or sport shooting
accidents or hunting accidents; or
(d) To members of the Armed Forces, National Guard, or State
Militia, or to police or other law enforcement officers, with
respect to firearm possession by a minor which occurs during or
incidental to the performance of their official duties.
When any minor child is accidentally shot by another family
member, no arrest shall be made pursuant to this subsection
prior to 7 days after the date of the shooting. With respect to
any parent or guardian of any deceased minor, the investigating
officers shall file all findings and evidence with the state
attorney's office with respect to violations of this subsection.
The state attorney shall evaluate such evidence and shall take
such action as he or she deems appropriate under the
circumstances and may file an information against the
appropriate parties.
1(4) As used in this act, the term "minor" means any person
under the age of 16.
History.--s.
1, ch. 5212, 1903; GS 3229; RGS 5062; CGL 7164; s. 733, ch.
71-136; s. 21, ch. 74-383; s. 11, ch. 75-298; ss. 3, 7, ch.
89-534; s. 1199, ch. 97-102. 1Note.--Also published at s.
790.174(3).
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