Tampa Attorney Explains Florida's Kidnapping Statute
Kidnapping under Florida Statute Section 787.01
Under Florida law, Statute Section 787.01 makes it a felony to kidnap another person. 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.
The criminal defense attorneys at the Sammis Law Firm represent both men and women charged with the serious felony offense of kidnapping in Tampa, Hillsborough County, Bartow, Polk County, Clearwater, Pinellas County, and New Port Richey and Dade City in Pasco County, FL and the surrounding areas throughout the greater Tampa Bay area of central Florida.
Kidnapping Information Center
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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.
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Insufficient Evidence to Charge the Crime of Kidnapping under Florida's Statute
The confinement, imprisonment or abduction must not be merely inconsequential or slight. If the kidnapping is allegedly occurred while another felony was being committed, then the holding of the other person must not have been merely incidental to the felony.
In fact, holding a person in a way that is inherent in the nature of the felony does not qualify as kidnapping. Instead, the holding must have some significance that is independent of the felony because it makes the felony "substantially easier" to commit or because it "substantially lessens" the risk of being detected.
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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.
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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:
- Allowing a child to be exploited in violation of Florida Statute Section 450.151.
- A violation of Section 796.03 or 796.04 related to prostitution upon a child;
- Aggravated child abuse, as defined in Florida Statute Section 827.03;
- Sexual battery, as defined in chapter 794, against the child; or
- 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).
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Florida Law Provides for Lesser Included Offenses of Kidnapping
Lesser included offenses of kidnapping under Florida law can include:
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Finding an Attorney for a Kidnapping Charge in Tampa, FL
If you have been arrested or accused of kidnapping another person from Tampa in Hillsborough County, Dade City or New Port Richey in Pasco County, Clearwater or St. Petersburg in Pinellas County, or Bartow or Lakeland in Polk County, Florida, then contact an experienced criminal defense attorney at the Sammis Law Firm to discuss the particular facts of your case.