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Child shot, killed another in Florida. Can the parents be charged?

A 4-year-old Georgia child on vacation with his family in Kissimmee shot and killed a 2-year-old boy on July 12, according to the Osceola County Sheriff’s Office.

The shooting happened just before 4 p.m. after the family arrived at the Central Florida rental home, Osceola County Sheriff Chris Blackmon said in a press conference July 13, according to WESH.

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“According to (the) investigation, a 4-year-old family member located an unsecured firearm inside of the vehicle and discharged it,” Blackmon said, “striking the two-year-old that was also inside the vehicle.” Other family members were outside the car but had not yet entered the home, he said.

The child was pronounced dead at Arnold Palmer Hospital, Blackmon said.

This marks the 10th unintentional shooting by a child in Florida in 2026, according to the gun safety advocacy group Everytown for Gun Safety, resulting in seven injuries and two deaths.

In April, a seven-year-old girl in Bonifay accidentally shot and killed her five-year-old sister. The month before, a four-year-old girl in Okeechobee accidentally shot and killed herself.

Blackmon said charges are possible.

Can parents in Florida be charged with a crime if they leave a loaded weapon where a child can find it?

Yes. Florida law requires the safe storage of firearms.

Any person who stores or leaves a loaded firearm and “who knows or reasonably should know” that a minor is likely to get access to it can be charged if the minor possesses or exhibits it in a public place or in a “rude, careless, angry, or threatening manner,” according to Florida Statute 790.174.

What is the penalty for leaving an unsecured weapon where a child can find it?

The violation is a second-degree misdemeanor, punishable by up to six months in jail and/or up to a $500 fine, even if the unsecured weapon results in a death. This doesn’t apply if a minor breaks in and steals the firearm.

But if the shooting does result in injury or death, prosecutors may charge the firearm owner with other crimes, such as culpable negligence.

What is culpable negligence?

If a minor finds an unsecured firearm and injures or kills themselves or any other person, the owner of the firearm may be charged with culpable negligence.

According to the Florida Supreme Court, culpable negligence is conduct that shows a reckless disregard for human life, the safety of others or an entire lack of care that raises a presumption of indifference to the potential consequences, and that can include improper storage of firearms. Local law enforcement and the State Attorney’s Office investigate each case to determine if culpable negligence charges are warranted.

In many cases, the loss of a child in a tragic accident is considered punishment enough.

What is the penalty for culpable negligence in Florida?

The violation is a third-degree felony, punishable by up to five years in jail and/or a fine up to $5,000.

Prosecutors also may weigh child neglect or principal to manslaughter charges in cases where the negligence was particularly egregious or multiple warnings had been given.

How many children live in a home with a loaded firearm?

An estimated 32 million children in the U.S. live in homes with firearms, according to a 2026 study published in JAMA Network Open. Nearly 7 million of them have at least one firearm left unlocked and loaded, the study said.

C. A. Bridges is a journalist for the USA TODAY Network-Florida’s service journalism Connect team. You can get all of Florida’s best content directly in your inbox each weekday by signing up for the free newsletter, Florida TODAY.

This article originally appeared on Florida Times-Union: Child shot, killed another in Florida. Can the parents be charged?

Reporting by C. A. Bridges, USA TODAY NETWORK – Florida / Florida Times-Union

USA TODAY Network via Reuters Connect

By C. A. Bridges, USA TODAY NETWORK – Florida | USA TODAY Network

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