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Hermanson v. State

Supreme Court of Florida

604 So.2d 775 (1992)

Relevant factsFree

William and Christine Hermanson (defendants), practicing Christian Scientists whose faith prohibited conventional medical treatment, did not seek medical care for their daughter Amy's untreated juvenile diabetes; Amy eventually died after they called a Christian Science nurse and then an ambulance, both too late. The Hermansons were charged with child abuse resulting in third-degree murder, and at trial argued a state statute exempted religiously motivated parental conduct like theirs from the child-abuse law; the prosecution countered that calling a nurse and ambulance showed they weren't legitimately following their faith's prohibition. The trial court rejected their due-process argument that the law's confusing structure gave them no fair notice their conduct was criminal, and they were convicted and sentenced to probation; the appellate court affirmed, and the Florida Supreme Court granted review.

IssueFree

Whether due process requires that parents be given fair warning and notice of the point at which their reliance on spiritual treatment, otherwise exempted by statute, becomes criminal child abuse or neglect.

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