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Kidnapping

Kidnapping Attorney in Florida

Florida Statute Section 787.01 Kidnapping; kidnapping of child under age 13, aggravating circumstances.– 

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.

(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 sub-paragraphs (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 sub-paragraphs 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; or5. 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 sub-paragraphs (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. 

If you are facing kidnapping or other violent crimes, call Cobb Criminal Defense Law Firm at (850) 669-5882 for help today. 

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