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Kidnapping

The most serious crimes of kidnapping involving a stranger abducting a child for random. However, most kidnapping allegations involve family members or people who know each other intimately. In fact, the kidnapping statute does not exempt a parent from criminal liability for kidnapping his or his own child.

The penalties for kidnapping are most serious of the prosecutor proves the existence of aggravating circumstances in § 787.01(3), Fla. Stat., or when the defendant is charged in a way to score the adult-on-minor sex offense multiplier in § 921.0024(1)(b), Fla. Stat.

Attorney for Kidnapping Crimes in Miami, FL

If you are charged with a violent crime such as kidnapping or false imprisonment then contact an experienced criminal defense attorney at Hubbs Law. E.J. Hubbs is board certified by the Florida Board of Legal Specialization in the field of criminal trial law. He has the experience and training to aggressively fight serious felony charges under Florida law.

Call (305) 615-5945 today.


Elements of Kidnapping in Florida

Under § 787.01, Fla. Stat., to prove the crime of Kidnapping, the State must prove the following three elements beyond a reasonable doubt:

In order to be kidnapping, the confinement, abduction, or imprisonment:


Definitions in Florida's Kidnapping Statute

The term “secretly” means the defendant intended to isolate or insulate the victim from meaningful contact or meaningful communication with the public.

If confinement is alleged and the victim is under 13 years of age, then the jury is instructed that confinement of a child under the age of 13 is against the child's will if such confinement is without the consent of the child's parent or legal guardian.

If a violation of § 787.01(3), Fla. Stat., is charged, instruct as follows:


Adult-on-Minor Sex Offense Multiplier for Kidnapping

If the State has charged and is seeking the adult-on-minor sex offense multiplier in § 921.0024(1)(b), Fla. Stat., the jury will be instructed as follows:

If you find the defendant guilty of Kidnapping, you must also determine whether the State has proved the following four elements beyond a reasonable doubt:

If the State alleged the life felony of Kidnapping with aggravating circumstances in § 787.01(3), Fla. Stat., then those aggravating circumstances would be lesser-included crimes.

If the State charged the defendant in a way to score the adult-on-minor sex offense multiplier in § 921.0024(1)(b), Fla. Stat., then those sex crimes would be lesser-included crimes.


This article was last updated on Tuesday, March 21, 2017.

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