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) 665-9040
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:
- The Defendant forcibly, secretly, by threat, confined, abducted or imprisoned the victim against his or her will;
- The Defendant had no lawful authority to do so;
- The Defendant acted with intent to either:
- hold the victim for ransom or reward or as a shield or hostage;
- commit or facilitate the commission of the applicable felony;
- inflict bodily harm upon or to terrorize the victim or another person;
- 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 applicable felony;
- must not be of the kind inherent in the nature of the applicable felony; and
- must have some significance independent of the applicable felony in that it makes the applicable felony substantially easier of commission or substantially lessens the risk of detection.
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:
- If you find the defendant guilty of Kidnapping, you must also determine whether the State has proved the following aggravating circumstances beyond a reasonable doubt:
- an Aggravated Child Abuse;
- a Sexual Battery against the victim;
- a Lewd or Lascivious Battery;
- a Lewd or Lascivious Molestation;
- a Lewd or Lascivious Conduct;
- a Lewd or Lascivious Exhibition;
- a Procuring a Child for Prostitution upon the victim;
- a Forcing, Compelling, or Coercing Another to Become a Prostitute upon the victim;
- an Exploitation of a Child upon the victim;
- the Human Trafficking for Commercial Sexual Activity in which a Child under the Age of 18; or
- a Mentally Defective Person or a Mentally Incapacitated Person was involved.
- At the time of the Kidnapping, the victim was under 13 years of age; and
- In the course of committing the kidnapping, the defendant committed one of the following felony offenses:
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:
- At the time of the Kidnapping, (defendant) was 18 years of age or older.
- At the time of the Kidnapping, (victim) was younger than 18 years of age.
- The Kidnapping was committed on or after October 1, 2014.
- In the course of committing the Kidnapping, the defendant committed:
- Sexual Battery;
- Lewd or Lascivious Battery;
- Lewd or Lascivious Molestation;
- Lewd or Lascivious Conduct;
- Lewd or Lascivious Exhibition; and
- Lewd or Lascivious Exhibition Over a Computer Service against the same victim as in element # 2.
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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