Kidnapping and False Imprisonment


Kidnapping and False Imprisonment

West Palm Beach Kidnapping and False Imprisonment Attorney David W. Olson

 

While both kidnapping and false imprisonment involve the unlawful restriction of movement of an adult or child, the two offenses are quite different. If you were charged with kidnapping or false imprisonment it is essential to hire an experienced and highly effective attorney, for these are complex offenses that are vigorously prosecuted by the State.

 

Attorney David Olson has represented thousands of clients during the last thirty-plus years. His practice areas include kidnapping, false imprisonment, murder, manslaughter, drug trafficking, DUI, reckless driving, sexual battery, lewd and lascivious assault, arson, fraud, resisting arrest with or without violence, violations of probation and all other felony and misdemeanor criminal matters. To schedule a free case review, call 561-833-8866.

 

Florida Kidnapping Statute

 

Kidnapping is proscribed in Sec. 787.01, Florida Statutes.

 

To prove the offense of kidnapping, the State must prove, beyond a reasonable doubt, the following three elements:

 

  1. Defendant either forcibly, secretly or by threat confined, abducted or imprisoned the victim against their will.
  2. The defendant had no lawful authority to do so.
  3. Defendant acted with intent to:
    1. Hold victim for ransom or reward or as a shield or hostage, or
    2. Commit or facilitate the commission of a felony
    3. Inflict bodily harm upon or to terrorize the victim or another person, or
    4. Interfere with the performance of any governmental or political function.

Potential penalties for kidnapping:

  • Felony of the first degree
  • Life sentence, maximum
  • Fine up to $15,000
  • Other sanctions

Florida False Imprisonment Statute

 

False imprisonment is proscribed in Sec. 787.02, Florida Statutes.

 

To prove the crime of false Imprisonment, the State must prove the following two elements beyond a reasonable doubt:

 

  1. Defendant forcibly, secretly or by threat, confined, abducted, imprisoned or restrained the victim against their will.
  2. Defendant had no lawful authority to do so.

Potential penalties for false imprisonment:

  • Felony of third degree
  • Five years imprisonment, probation, or combination
  • Fine up to $5,000

Victims Under 13 Years of Age

 

In both kidnapping and false imprisonment, if the victim is a child under the age of 13 and the parent or legal guardian did not give consent, the confinement is against the will of the child. In these cases aggravating circumstances apply.

 

Life Felony for Certain Offenses

 

If the defendant is convicted of one or more of the following, a life felony will apply:

  • Aggravated child abuse
  • Sexual battery, against the child;
  • Lewd or lascivious battery, lewd or lascivious molestation, lewd or lascivious conduct, or lewd or lascivious exhibition
  • Prostitution upon the child
  • Exploitation of the child or allowing the child to be exploited
  • A violation relating to human trafficking

West Palm Beach and South Florida Kidnapping and False Imprisonment Attorney David W. Olson

 

Attorney Olson represents clients in West Palm Beach, Palm Beach County, Broward County, Miami-Dade County and throughout South Florida. For a complimentary case review, call The Law Offices of David W. Olson at 561-833-8866.

 

Source

 

Sections 787.01, 787.02, Florida Statutes (2015)
Florida Standard Jury Instructions 9.1, 9.2