Miami Kidnapping Lawyer
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Miami Kidnapping Offenses Laws by Statute
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your rights and Kidnapping.
False Imprisonment / Kidnapping
787.01 Kidnapping; kidnapping of child under age 13, aggravating
circumstances.
787.02 False imprisonment; false imprisonment of child under age
13, aggravating circumstances.
787.025 Luring or enticing a child.
787.03 Interference with custody.
787.04 Removing minors from state or concealing minors contrary to
state agency order or court order.
787.05 Unlawfully obtaining labor or services.
787.06 Human trafficking.
787.01 Kidnapping; kidnapping of child under age 13, aggravating
circumstances.--
(1)(a) The term "kidnapping" means forcibly, secretly, or by
threat confining, abducting, or imprisoning another person against
her or his will and without lawful authority, with intent to:
1. Hold for ransom or reward or as a shield or hostage.
2. Commit or facilitate commission of any felony.
3. Inflict bodily harm upon or to terrorize the victim or another
person.
4. Interfere with the performance of any governmental or political
function.
(b) Confinement of a child under the age of 13 is against her or
his will within the meaning of this subsection if such confinement
is without the consent of her or his parent or legal guardian.
(2) A person who kidnaps a person is guilty of a felony of the
first degree, punishable by imprisonment for a term of years not
exceeding life or as provided in s. 775.082, s. 775.083, or s.
775.084.
(3)(a) A person who commits the offense of kidnapping upon a child
under the age of 13 and who, in the course of committing the
offense, commits one or more of the following:
1. Aggravated child abuse, as defined in s. 827.03;
2. Sexual battery, as defined in chapter 794, against the child;
3. Lewd or lascivious battery, lewd or lascivious molestation,
lewd or lascivious conduct, or lewd or lascivious exhibition, in
violation of s. 800.04;
4. A violation of s. 796.03 or s. 796.04, relating to
prostitution, upon the child; or
5. Exploitation of the child or allowing the child to be
exploited, in violation of s. 450.151,
commits a life felony, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
(b) Pursuant to s. 775.021(4), nothing contained herein shall be
construed to prohibit the imposition of separate judgments and
sentences for the life felony described in paragraph (a) and for
each separate offense enumerated in subparagraphs (a)1.-5.
History.--s. 1, ch. 5907, 1909; RGS 5058; CGL 7160; s. 1, ch
16063, 1933; s. 784, ch. 71-136; s. 8, ch. 72-724; s. 22, ch
74-383; s. 12, ch. 75-298; s. 1, ch. 77-174; s. 1, ch. 84-238; s.
2, ch. 90-120; s. 2, ch. 93-227; s. 9, ch. 96-322; s. 1813, ch.
97-102; s. 4, ch. 99-201; s. 3, ch. 2000-246.
Note.--Former s. 805.02.
787.02 False imprisonment; false imprisonment of child under age
13, aggravating circumstances.--
(1)(a) The term "false imprisonment" means forcibly, by threat, or
secretly confining, abducting, imprisoning, or restraining another
person without lawful authority and against her or his will.
(b) Confinement of a child under the age of 13 is against her or
his will within the meaning of this section if such confinement is
without the consent of her or his parent or legal guardian.
(2) A person who commits the offense of false imprisonment is
guilty of a felony of the third degree, punishable as provided in
s. 775.082, s. 775.083, or s. 775.084.
(3)(a) A person who commits the offense of false imprisonment upon
a child under the age of 13 and who, in the course of committing
the offense, commits any offense enumerated in subparagraphs
1.-5., commits a felony of the first degree, punishable by
imprisonment for a term of years not exceeding life or as provided
in s. 775.082, s. 775.083, or s. 775.084.
1. Aggravated child abuse, as defined in s. 827.03;
2. Sexual battery, as defined in chapter 794, against the child;
3. Lewd or lascivious battery, lewd or lascivious molestation,
lewd or lascivious conduct, or lewd or lascivious exhibition, in
violation of s. 800.04;
4. A violation of s. 796.03 or s. 796.04, relating to
prostitution, upon the child; or
5. Exploitation of the child or allowing the child to be
exploited, in violation of s. 450.151.
(b) Pursuant to s. 775.021(4), nothing contained herein shall be
construed to prohibit the imposition of separate judgments and
sentences for the first degree offense described in paragraph (a)
and for each separate offense enumerated in subparagraphs (a)1.-5.
History.--s. 43, sub-ch. 3, ch. 1637, 1868; RS 2399; GS 3225; RGS
5057; CGL 7159; s. 783, ch. 71-136; s. 23, ch. 74-383; s. 13, ch.
75-298; s. 1, ch. 84-238; s. 2, ch. 90-120; s. 1, ch. 93-156; ss.
2, 18, ch. 93-227; s. 9, ch. 96-322; s. 1814, ch. 97-102; s. 5, ch.
99-201; s. 3, ch. 2000-246.
Note.--Former s. 805.01.
787.025 Luring or enticing a child.--
(1) As used in this section, the term:
(a) "Structure" means a building of any kind, either temporary or
permanent, which has a roof over it, together with the curtilage
thereof.
(b) "Dwelling" means a building or conveyance of any kind, either
temporary or permanent, mobile or immobile, which has a roof over
it and is designed to be occupied by people lodging together
therein at night, together with the curtilage thereof.
(c) "Conveyance" means any motor vehicle, ship, vessel, railroad
car, trailer, aircraft, or sleeping car.
(2)(a) A person over the age of 18 who, having been previously
convicted of a violation of chapter 794 or s. 800.04, or a
violation of a similar law of another jurisdiction, intentionally
lures or entices, or attempts to lure or entice, a child under the
age of 12 into a structure, dwelling, or conveyance for other than
a lawful purpose commits a felony of the third degree, punishable
as provided in s. 775.082, s. 775.083, or s. 775.084.
(b) For purposes of this section, the luring or enticing, or
attempted luring or enticing, of a child under the age of 12 into
a structure, dwelling, or conveyance without the consent of the
child's parent or legal guardian shall be prima facie evidence of
other than a lawful purpose.
(3) It is an affirmative defense to a prosecution under this
section that:
(a) The person reasonably believed that his or her action was
necessary to prevent the child from being seriously injured.
(b) The person lured or enticed, or attempted to lure or entice,
the child under the age of 12 into a structure, dwelling, or
conveyance for a lawful purpose.
(c) The person's actions were reasonable under the circumstances
and the defendant did not have any intent to harm the health,
safety, or welfare of the child.
History.--s. 1, ch. 95-228; s. 8, ch. 99-201; s. 3, ch. 2000-246.
787.03 Interference with custody.--
(1) Whoever, without lawful authority, knowingly or recklessly
takes or entices, or aids, abets, hires, or otherwise procures
another to take or entice, any child 17 years of age or under or
any incompetent person from the custody of the child or
incompetent person's parent, his or her guardian, a public agency
having the lawful charge of the child or incompetent person, or
any other lawful custodian commits the offense of interference
with custody and commits a felony of the third degree, punishable
as provided in s. 775.082, s. 775.083, or s. 775.084.
(2) In the absence of a court order determining rights to custody
or visitation with any child 17 years of age or under or with any
incompetent person, any parent of the child or incompetent person,
whether natural or adoptive, stepparent, legal guardian, or
relative of such child or incompetent person who has custody
thereof and who takes, detains, conceals, or entices away that
child or incompetent person within or without the state, with
malicious intent to deprive another person of his or her right to
custody of the child or incompetent person, commits a felony of
the third degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
(3) A subsequently obtained court order for custody or visitation
does not affect application of this section.
(4) It is a defense that:
(a) The defendant reasonably believes that his or her action was
necessary to preserve the child or the incompetent person from
danger to his or her welfare.
(b) The defendant was the victim of an act of domestic violence or
had reasonable cause to believe that his or her action was
necessary to protect himself or herself from an act of domestic
violence as defined in s. 741.28.
(c) The child or incompetent person was taken away at his or her
own instigation without enticement and without purpose to commit a
criminal offense with or against the child or incompetent person.
(5) Proof that a child was 17 years of age or under creates the
presumption that the defendant knew the child's age or acted in
reckless disregard thereof.
(6)(a) This section does not apply in cases where a spouse who is
the victim of any act of domestic violence or who has reasonable
cause to believe he or she is about to become the victim of any
act of domestic violence, as defined in s. 741.28, or believes
that his or her action was necessary to preserve the child or the
incompetent person from danger to his or her welfare seeks shelter
from such acts or possible acts and takes with him or her any
child 17 years of age or younger.
(b) In order to gain the exemption conferred by paragraph (a), a
person who takes a child pursuant to this subsection must:
1. Within 10 days after taking the child, make a report to the
sheriff's office or state attorney's office for the county in
which the child resided at the time he or she was taken, which
report must include the name of the person taking the child, the
current address and telephone number of the person and child, and
the reasons the child was taken.
2. Within a reasonable time after taking the child, commence a
custody proceeding that is consistent with the federal Parental
Kidnapping Prevention Act, 28 U.S.C. s. 1738A, or the Uniform
Child Custody Jurisdiction and Enforcement Act, ss. 61.501-61.542.
3. Inform the sheriff's office or state attorney's office for the
county in which the child resided at the time he or she was taken
of any change of address or telephone number of the person and
child.
(c) Information provided to a sheriff or state attorney under
paragraph (b) is confidential and exempt from s. 119.07(1) and s.
24(a), Art. I of the State Constitution. This paragraph is subject
to the Open Government Sunset Review Act of 1995 in accordance
with s. 119.15 and is repealed on October 2, 2005, unless reviewed
and saved from repeal through reenactment by the Legislature
before that date.
History.--s. 24, ch. 74-383; s. 14, ch. 75-298; s. 1, ch. 77-174;
s. 1, ch. 88-244; s. 25, ch. 94-134; s. 25, ch. 94-135; s. 1201,
ch. 97-102; s. 1, ch. 2000-231; s. 1, ch. 2000-357; s. 157, ch.
2004-5.
787.04 Removing minors from state or concealing minors contrary to
state agency order or court order.--
(1) It is unlawful for any person, in violation of a court order,
to lead, take, entice, or remove a minor beyond the limits of this
state, or to conceal the location of a minor, with personal
knowledge of the order.
(2) It is unlawful for any person, with criminal intent, to lead,
take, entice, or remove a minor beyond the limits of this state,
or to conceal the location of a minor, during the pendency of any
action or proceeding affecting custody of the minor, after having
received notice as required by law of the pendency of the action
or proceeding, without the permission of the court in which the
action or proceeding is pending.
(3) It is unlawful for any person, with criminal intent, to lead,
take, entice, or remove a minor beyond the limits of this state,
or to conceal the location of a minor, during the pendency of a
dependency proceeding affecting such minor or during the pendency
of any investigation, action, or proceeding concerning the alleged
abuse or neglect of such minor, after having received notice of
the pendency of such investigation, action, or proceeding and
without the permission of the state agency or court in which the
investigation, action, or proceeding is pending.
(4) It is unlawful for any person, who has carried beyond the
limits of this state any minor whose custody is involved in any
action or proceeding pending in this state pursuant to the order
of the court in which the action or proceeding is pending or
pursuant to the permission of the court, thereafter, to fail to
produce the minor in the court or deliver the minor to the person
designated by the court.
(5) It is a defense under this section that a person who leads,
takes, entices, or removes a minor beyond the limits of the state
reasonably believes that his or her action was necessary to
protect the minor from child abuse as defined in s. 827.03.
(6) Any person who violates this section is guilty of a felony of
the third degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
History.--s. 1, ch. 29654, 1955; s. 1, ch. 57-337; s. 47, ch.
67-254; s. 785, ch. 71-136; s. 25, ch. 74-383; s. 15, ch. 75-298;
s. 1, ch. 80-102; s. 3, ch. 88-151; s. 3, ch. 96-215; s. 23, ch.
96-322; s. 1815, ch. 97-102.
Note.--Former ss. 65.141, 805.03.
787.05 Unlawfully obtaining labor or services.--Any person who
knowingly obtains the labor or services of a person by:
(1) Causing or threatening to cause bodily injury to that person
or another person;
(2) Restraining or threatening to restrain that person or another
person without lawful authority and against her or his will; or
(3) Withholding that person's governmental records, identifying
information, or other personal property,
commits a felony of the second degree, punishable as provided in
s. 775.082, s. 775.083, or s. 775.084.
History.--s. 1, ch. 2004-391.
787.06 Human trafficking.--
(1) As used in this section, the term:
(a) "Forced labor or services" means labor or services obtained
from a person by:
1. Using or threatening to use physical force against that person
or another person; or
2. Restraining or confining or threatening to restrain or confine
that person or another person without lawful authority and against
her or his will.
(b) "Human trafficking" means transporting, soliciting,
recruiting, harboring, providing, or obtaining another person for
transport.
(2) Any person who knowingly engages in human trafficking with the
intent that the trafficked person engage in forced labor or
services commits a felony of the second degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
History.--s. 2, ch. 2004-391.
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