Under Florida law, Statute Section 787.01, it is a serious felony to kidnap another person. The term "kidnapping" is defined under Florida's statute as using force, a threat of force, or acted secretly to imprison, abduct or confine another person against his or her will. Under Florida law, kidnapping is a first degree felony punishable by life in Florida State prison.

Many people think of the abduction of a child or holding a person for ransom when they think of the term "kidnapping." However, under Florida law the criminal offense of kidnapping is worded much more broadly to include a detention of a person under circumstances that are more than "merely incidental" to the committing another felony including when it "substantially lessens" the risk of being detected or makes another felony "substantially easier" to commit. Most kidnapping offenses occur between people who know each other well, often during an act of domestic violence.

The First 21 Days After an Arrest for Kidnapping in Florida

After an arrest for the serious felony offense of Kidnapping in Florida, the charges will be turned over to the State Attorney's Office. A prosecutor in the intake division should review the police reports, talk to the investigating officer and speak with witnesses and the alleged victim. In many of these cases the prosecutor does not have time to do a thorough investigation before filing charges.

By retaining a criminal defense attorney immediately after the arrest, your attorney can represent you at an emergency bond hearing, and on a pre-file basis. Your attorney can meet with the prosecutor and provide them with information about the bias of the alleged victim or other witnesses, show them physical evidence such as surveillance tapes which contradict the allegations, or present other exculpatory or mitigating evidence.

In many of these cases, during the first 21 days after the arrest, the prosecutor with the State Attorney's Office might determine that insufficient evidence exist to support the crime of "kidnapping." The prosecutor may file only lesser charges for false imprisonment, battery, assault or domestic battery.

Hiring an attorney early in the case allows all favorable evidence to be preserved giving you the best chance to avoid any formal charges being filed for the serious felony offense of kidnapping another person. 

Elements of Kidnapping under Florida Statute Section 787.01

Under Florida law, the prosecutor must prove three elements beyond all reasonable doubt.

  • First, the prosecutor with the State Attorney's Office must prove at trial that the defendant used force, a threat of force, or acted secretly to imprison, abduct or confine another person against his or her will.
  • Second, the prosecutor with the State Attorney's Office must prove at trial that the defendant had no lawful authority to confine, imprison or abduct the other person.
  • Third, the prosecutor with the State Attorney's Office must prove at trial that the defendant acted with the intention to do one of the following:
    • inflicting bodily harm upon the other person;
    • terrorizing the other person;
    • interfering with the performance of any political or governmental function;
    • holding the other person for reward or ransom;
    • hold the other person as a hostage or shield; or
    • holding the other person to facilitate or commit another felony which must be specified.

Enhanced Penalties for Kidnapping a Child Under the Age of 13 Years Old

Certain enhanced penalties apply if a child under the age of thirteen (13) years old was abducted, imprisoned, or confined. It is a defense to the criminal charge of kidnapping a child under the age of thirteen (13) if the confinement was with the permission of the child's legal guardian or parent.

Any allegation that a person committed the offense of kidnapping a child under the age of 13 years old is subjected to enhanced penalties if the offense involve the commission of any of the following serious felony crimes including: 

  1. Allowing a child to be exploited in violation of Florida Statute Section 450.151.
  2. A violation of Section 796.03 or 796.04 related to prostitution upon a child;
  3. Aggravated child abuse, as defined in Florida Statute Section 827.03;
  4. Sexual battery, as defined in chapter 794, against the child; or
  5. Lewd or lascivious battery, lewd or lascivious molestation, lewd or lascivious conduct, or lewd or lascivious exhibition, in violation of Section 800.04 or 847.0135(5).

Florida Law Provides for Lesser Included Offenses of Kidnapping

Lesser included offenses of kidnapping under Florida law can include:

  • False Imprisonment under Florida Statute 787.02

  • Attempted kidnapping;

  • Aggravated assault,

  • Battery; or

  • Assault.

Plotnick Law, P.A. serves clients throughout the Tampa Bay Area including but not limited to; St. Petersburg, Clearwater, & Bradenton

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