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HAGER & SCHWARTZ, P.A.
Broward County Office (principal office)
2450 Hollywood Blvd., Suite 105
Hollywood, FL 33020

Miami-Dade County Office
555 N.E. 15th Street,
Penthouse A
Miami, FL 33132

Palm Beach County Office
One Park Place
621 N.W. 53rd Street, Suite 420 Boca Raton, FL 33487

Volusia County Office
628 N Peninsula Dr.
Daytona Beach, FL 32118-3829

Fort Pierce Office
207 Orange Ave.
Ft. Pierce, FL 34950


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Florida Kidnapping Statute

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.

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.

Miami-Dade Criminal Defense Lawyers / Broward County Criminal Defense Attorney /
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The information on this website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.

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