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The most serious crimes of kidnapping involve a stranger abducting a child for ransom. 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) of the Florida Statutes, or when the defendant is charged in a way to score the adult-on-minor sex offense multiplier in § 921.0024(1)(b) of the Florida Statutes
According to Florida law, 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, or interfere with the performance of any governmental or political function.
To be kidnapping, the confinement, abduction, or imprisonment must:
- Not be slight, inconsequential, or merely incidental to the applicable felony;
- Not be of the kind inherent in the nature of the applicable felony; and
- 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.
If you are charged with a violent crime, such as kidnapping or false imprisonment, contact an experienced criminal defense attorney at Hubbs Law Firm. Our founding attorney, E.J. Hubbs, is Board Certified in Criminal Trial Law by the Florida Bar. He has the experience and training to aggressively fight serious felony charges under Florida law.
Call our Miami kidnapping defense attorneys today at (305) 570-4802 for a free consultation.
What are Florida’s Kidnapping Statutes?
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.
To find a defendant guilty of kidnapping, the jury must also determine whether the State has proved the following aggravating circumstances beyond a reasonable doubt:
- Aggravated child abuse
- Sexual battery against the victim
- Lewd or lascivious battery
- Lewd or lascivious molestation
- Lewd or lascivious conduct
- Lewd or lascivious exhibition
- Procuring a child for prostitution upon the victim
- Forcing, compelling, or coercing another to become a prostitute upon the victim
- Exploitation of a child upon the victim
- Human trafficking for commercial sexual activity in which a child under the age of 18
- A mentally defective person or a mentally incapacitated person was involved
Adult-on-Minor sex offense multipliers are added with the follow instances:
- 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
- During the kidnapping, the defendant committed - sexual battery, lewd/lascivious battery, lewd/lascivious molestation, lewd/lascivious conduct, or lewd/lascivious exhibition.
If the State alleged the life felony of kidnapping with aggravating circumstances, 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 multiple, then those sex crimes would be lesser-included crimes.
We know you have questions and concerns, and we are ready to help. Contact Hubbs Law Firm today for a free consultation with our Miami kidnapping defense attorneys.
Attorneys E.J. & Erika Hubbs
As professional Miami criminal defense attorneys, we take every case personally give every client the deliberate care it deserves. Our clients become part of our family and we fight relentlessly for their rights. Read more about us to find out how we can help you.
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