NOTE: Kidnapping comes in many different forms. A common variant of
Florida kidnapping law is found in
Florida Statute Section 787.03, Interference with
Child Custody located
here.
Florida Statute Section 787.01 Kidnapping; kidnapping of child under age 13, aggravating
circumstances.--
(1)(a) The term "kidnapping" means forcibly, secretly, or by threat
confining, abducting, or imprisoning another person against her or his
will and without lawful authority, with intent to:
1. Hold for ransom or reward or as a shield or hostage.
2. Commit or facilitate commission of any felony.
3. Inflict bodily harm upon or to terrorize the victim or another
person.
4. Interfere with the performance of any governmental or political
function.
(b) Confinement of a child under the age of 13 is against her or his
will within the meaning of this subsection if such confinement is
without the consent of her or his parent or legal guardian.
(2) A person who kidnaps a person is guilty of a felony of the first
degree, punishable by imprisonment for a term of years not exceeding
life or as provided in s. 775.082, s. 775.083, or s. 775.084.
(3)(a) A person who commits the offense of kidnapping upon a child under
the age of 13 and who, in the course of committing the offense, commits
one or more of the following:
1. Aggravated child abuse, as defined in s. 827.03;
2. Sexual battery, as defined in chapter 794, against the child;
3. Lewd or lascivious battery, lewd or lascivious molestation, lewd or
lascivious conduct, or lewd or lascivious exhibition, in violation of s.
800.04;
4. A violation of s. 796.03 or s. 796.04, relating to prostitution, upon
the child; or
5. Exploitation of the child or allowing the child to be exploited, in
violation of s. 450.151,
commits a life felony, punishable as provided in s. 775.082, s. 775.083,
or s. 775.084.
(b) Pursuant to s. 775.021(4), nothing contained herein shall be
construed to prohibit the imposition of separate judgments and sentences
for the life felony described in paragraph (a) and for each separate
offense enumerated in subparagraphs (a)1.-5.
787.02 False imprisonment; false imprisonment of child under age 13,
aggravating circumstances.--
(1)(a) The term "false imprisonment" means forcibly, by threat, or
secretly confining, abducting, imprisoning, or restraining another
person without lawful authority and against her or his will.
(b) Confinement of a child under the age of 13 is against her or his
will within the meaning of this section if such confinement is without
the consent of her or his parent or legal guardian.
(2) A person who commits the offense of false imprisonment is guilty of
a felony of the third degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
(3)(a) A person who commits the offense of false imprisonment upon a
child under the age of 13 and who, in the course of committing the
offense, commits any offense enumerated in subparagraphs 1.-5., commits
a felony of the first degree, punishable by imprisonment for a term of
years not exceeding life or as provided in s. 775.082, s. 775.083, or s.
775.084.
1. Aggravated child abuse, as defined in s. 827.03;
2. Sexual battery, as defined in chapter 794, against the child;
3. Lewd or lascivious battery, lewd or lascivious molestation, lewd or
lascivious conduct, or lewd or lascivious exhibition, in violation of s.
800.04;
4. A violation of s. 796.03 or s. 796.04, relating to prostitution, upon
the child; or
5. Exploitation of the child or allowing the child to be exploited, in
violation of s. 450.151.
(b) Pursuant to s. 775.021(4), nothing contained herein shall be
construed to prohibit the imposition of separate judgments and sentences
for the first degree offense described in paragraph (a) and for each
separate offense enumerated in subparagraphs (a)1.-5.
NOTE: A common variant of Florida kidnapping law is found in
Florida Statute Section 787.03, Interference with
Child Custody located
here.
This section of Florida law is provided for informational purposes
only. This section does not include case law construction and is not
intended to constitute legal interpretation nor advice.
