Dufresne was charged with five counts of child abuse for allegedly shouting at, degrading, and slapping autistic children. The statute she allegedly violated makes conduct unlawful if it reasonably can be expected to cause physical or mental injury to children. Dufresne argued the statutory term "mental injury" was unconstitutionally vague, voiding the statute. The trial court agreed, but the Fourth District reversed and certified the question to the Florida Supreme Court.