Baker v. State

Baker was convicted of child abuse and battery of a six-year-old. He appeals only as to child abuse. We reverse because the state failed to present any evidence of the mental injury element of the offenses required under section 827.03, Florida Statutes (2005). That statute defines child abuse, in relevant part, as “[a]n intentional act that could reasonably be expected to result in physical or mental injury to a child.” § 827.03(l)(b), Fla. Stat. (2005).

The incident occurred at a party hosted by the child’s grandmother. During the party, Baker picked up the child and took him into the…