What is Kidnapping in FL?
Kidnapping is found at Florida Statute Florida Statute 787.01, and the crime of Kidnapping occurs where:
1) A person forcibly, secretly, or by threat 2) Confines, abducts, or imprisons another person 3) Against their will, without lawful authority and, 4) With the intent to either a) Hold for ransom or reward or as a shield or hostage, b) Commit or facilitate commission of any felony, c) Inflict bodily harm upon or to terrorize the victim or another person; or d) Interfere with the performance of any governmental or political function.
In order to be Kidnapping the confinement, abduction or imprisonment must not be slight, inconsequential, or merely incidental to the underlying crime and it must also either make the underlying crime easier to commit or harder to detect.
So if you commit a robbery, and during the course of the crime you decide to tie up the victims and leave them there as you make your escape then, in FL, you can also be charged with kidnapping (you have forceably imprisoned another against her will with the intent to faciliate your escape from the robbery… and that is kidnapping).
One little tidbit, in FL biological parents with custodial rights cannot kidnap their own children, so where one parent removes a child without the other parents permission you’ll generally have to settle that matter in family court.
At Michael A. Haber, PA “it’s all about reasonable doubt”!
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