Florida Kidnapping Laws

Kidnapping is one of the most serious of all criminal offenses. It’s a felony that carries severe criminal penalties. The state of Florida has specific kidnapping laws that define the offense and outline the penalties.

In general, a kidnapping offense involves taking another person without their consent. While a person can be found guilty of kidnapping without taking their victim by force, the law does require that they do so without legal authority.

This article examines and explains Florida‘s kidnapping laws, including the defenses and penalties associated with this crime. It also discusses related offenses, such as false imprisonment. If you’re facing criminal charges for kidnapping or any other serious crime in Florida, contact an experienced criminal defense attorney for help.

How Does Florida Law Define the Crime of Kidnapping?

Found in the Florida Criminal Punishment Code, the state’s kidnapping statutes define kidnapping as forcibly, secretly, or by threat confining, abducting, or imprisoning another person against their will and without lawful authority. This is done with one of the following intents:

• To hold for ransom or reward
• To use as a shield or hostage
• To commit or facilitate the commission of any felony
• To inflict bodily harm upon or to terrorize the victim or another person
• To interfere with the performance of any governmental or political function

To be guilty of this crime, the state must prove that the defendant committed the kidnapping without lawful authority and using force, the threat of force, coercion, or deception. For the state to secure a kidnapping conviction, the prosecutor doesn’t have to prove that the defendant completed the underlying felony. It is enough that the defendant intended to do so.

Three-Prong Test

In Faison v. State, the Florida Supreme Court developed a three-prong test to determine whether the confinement of a person during the commission of another felony is sufficient to justify a kidnapping conviction.

To constitute kidnapping, the confinement of the victim must meet all of the following criteria:

• It cannot be merely incidental to another crime
• It cannot be inherent in the commission of another felony
• It must be independent and distinct from the other crimes

If any of the above are not elements of the alleged offense, the prosecution will have a difficult time proving that kidnapping occurred.

Kidnapping Versus False Imprisonment

There are times when the prosecutor can prove that the defendant confined the victim, but cannot prove other elements of the crime of kidnapping. In these cases, the state may charge the defendant with false imprisonment instead.

Under the Florida Statutes, a person commits false imprisonment when they restrain someone against their will without legal authority. While the law doesn’t require that the defendant physically restrain the victim, the courts do require the prosecutor to prove that the defendant had the specific intent to confine the victim in some way.

To secure a conviction of false imprisonment, the state must demonstrate the following:

• The defendant intended to confine the victim
• The victim was aware of the confinement or suffered harm as a result
• The victim had no reasonable means of escape

Under Florida law, false imprisonment is a third-degree felony, carrying a penalty of up to five years in prison and fines of up to $5,000. If the defendant engages in sexual misconduct with the victim, the court may order them to register as a sex offender.

Aggravated Kidnapping

A person commits this crime when they commit a kidnapping under aggravating circumstances.

These circumstances may include, but are not limited to, the following:

• Using a dangerous weapon
• The victim is a law enforcement officer, a correctional officer, or another specified public employee, and the offense occurs within the scope of the victim’s official duties
• When the defendant kidnaps a child under 13 years of age (see below)
• When a domestic violence offense is also involved

This is not an exhaustive list.

Kidnapping a Child

A charge of kidnapping or confinement of a child under 13 is a result of another offense being committed. This can include:

• Aggravated child abuse
• Sexual battery
• Human trafficking
• Lewd or lascivious battery, lascivious exhibition, or molestation
• Procurement of the child for prostitution
• Exploitation of the child

These offenses, by their nature, require kidnapping to be committed.

Penalties and Sentencing for Kidnapping

Kidnapping is a felony of the first degree and carries a possible punishment of up to 30 years in prison and fines of up to $10,000. Aggravated kidnapping, including the abduction of a child under 13 years of age, is considered a more serious crime. Florida law classifies this crime as a “life felony.” Life felonies carry a punishment of up to life in prison or a sentence consisting of at least 25 years in prison, followed by probation for the remainder of the person’s natural life. An aggravating kidnapping conviction will also result in a fine of up to $15,000.

Offenders with prior convictions of violent crimes face even harsher penalties. The Florida Criminal Code deems these individuals to be habitual violent felony offenders, and the court may sentence them to life imprisonment with no eligibility for release for a minimum of 15 years.

Possible Defenses

As with any criminal charge, you are not required to mount a defense. The burden is on the prosecution to prove your guilt beyond a reasonable doubt. This doesn’t mean that providing evidence on your own behalf isn’t a good idea. Defenses that often arise in kidnapping cases include:

• Lack of force, threat, or secrecy: Florida law requires kidnapping to involve force, threats, or secret confinement. Your attorney may argue that the alleged victim accompanied you voluntarily and openly, without coercion or deception. If someone willingly entered your vehicle and was free to leave, the element of forcible confinement may not be met.
• Absence of specific intent: Kidnapping requires intent to hold for ransom, commit a felony, inflict harm, or interfere with government functions. If you lacked this specific intent, the charge may not stand. Confining someone during an argument without the intent to commit another crime may not meet the burden to be kidnapping.
• Confinement was incidental to another crime: Under Florida‘s three-prong test, brief confinement that’s merely incidental to another felony doesn’t constitute kidnapping. Your attorney may argue that any restraint was minimal and inherent to another offense rather than independent kidnapping.
• Lawful authority: Parents with legal custody or law enforcement acting within their authority may raise this defense. This will not work if you violate a custody order or exceed legal authority.
• Consent: If the alleged victim voluntarily agreed to accompany you, this defeats the “against their will” element. Evidence such as text messages or witness testimony can establish consent. Consent obtained through deception or from someone who isn’t able to consent isn’t valid.
• Insufficient confinement: Your attorney may argue the restriction on movement was too brief or minimal to constitute kidnapping under Florida law. This depends on the other details of the charge.

Other defenses might apply in your case. To learn how to build the strongest defense against a kidnapping charge, it’s best to get help from a local criminal defense attorney.

Accused of Kidnapping in Florida? Speak With an Attorney

If you’re facing kidnapping charges, consider contacting a criminal defense lawyer for legal advice. Florida takes the crime of kidnapping seriously. If found guilty, you’ll be subject to severe criminal penalties.

Having an experienced attorney handle your criminal case increases your chances of an acquittal or a favorable plea bargain. Things move quickly after your arrest, so you don’t want to wait too long to retain a Florida criminal defense lawyer.