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Kidnapping and False Imprisonment

Kidnapping and False Imprisonment are closely related serious felony offenses.  Kidnapping is a punishable by life offense and false imprisonment is a third degree felony that can be a life felony if the state is able to prove certain aggravating factors.  False imprisonment merely requires that the State Attorney prove that the defendant restrained another individual against their will. Oftentimes, the State Attorney will attempt to charge a defendant with false imprisonment for merely stopping a person from leaving a room by blocking the doorway.   When a person hears kidnapping, they immediately think of a person taking a child by force. That is not, however, how the statute is written. Kidnapping merely requires that the State Attorney show that the defendant committed a false imprisonment for a particular purpose – holding the individual for ransom, committing a felony, inflicting bodily harm upon the individual, or interfering with governmental functions.  Because of the nature of the statute, kidnapping can be charged in far more circumstances than may at first be apparent. If you or someone you know is charged with such a serious felony, it is important that you reach out to me immediately!

 

Kidnapping – Fla. Stat. 787.01

    1. 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.
    2. 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.
  1. 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.
    1. 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 or s. 847.0135(5);
      4. A violation of former s. 796.03 or s. 796.04, relating to prostitution, upon the child;
      5. Exploitation of the child or allowing the child to be exploited, in violation of s. 450.151; or
      6. A violation of s. 787.06(3)(g), relating to human trafficking,

 

commits a life felony, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

 

    1. 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.

Jury Instruction 9.1 (link will download)

 

False Imprisonment – Fla. Stat. 787.02

    1. 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.
    2. 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.
  1. 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.
    1. 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 1subparagraphs 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 or s. 847.0135(5);
      4. A violation of former s. 796.03 or s. 796.04, relating to prostitution, upon the child;
      5. Exploitation of the child or allowing the child to be exploited, in violation of s. 450.151; or
      6. A violation of s. 787.06(3)(g) relating to human trafficking.
    2. 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.

Jury Instruction 9.2 (link will download)

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