First and foremost, it is a serious felony to kidnap another person. The term “kidnapping” is defined under Florida’s statute 787.01 as using force, a threat of force, or acted secretly to imprison, abduct or confine another person against his or her will. Consequently, kidnapping is a first-degree felony punishable by imprisonment in Florida State penitentiary for up to 30 years and high fines may also be imposed. Finally, this is all written under Florida Law.
The person committing the crime must have an intent to:
- Hold for ransom or reward or as a shield or hostage.
- Commit or facilitate a commission of any felony.
- Inflict bodily harm upon or to terrorize the victim or another person.
- Interfere with the performance of any governmental or political function.”
In Statue 787.01, if a child under 13 is considered to taken ‘against their will’ if the child is removed without the consent of their parent or legal guardian. Therefore, any crimes committed against the child or exploitation of the child will receive a life felony. Contact Ron S. Chapman today if you are convicted of a kidnapping crime.
To constitute kidnapping, the necessary movement or confinement occurring within the context of the other felony, must:
- Not be slight, inconsequential, and merely incidental to the other crime
- Not be of the kind inherent in nature to the other crime
- Must have some significance independent of the other crime that make the crime easier to commit or lessens the risk of detection.
- Kidnapping must be more than merely incidental to the other crime.
- Florida criminalizes kidnapping which occurs when a dangerous weapon or gun is possessed, displayed or threatened, if the victim is a public employee or in law enforcement.
- If a child under 13 is kidnapped, criminal charges.
The penalties of kidnapping a minor will be greater if there is:
- Aggravated child abuse
- Sexual battery
- Molestation or exhibition
- Child prostitution, compelling the child to become a prostitute
Defenses to Kidnapping
- Lack of intent
- Consent of kidnapped person or child’s parent/legal guardian
Ron Chapman practices criminal defense in both State and Federal Courts within the State of Florida. Since 1990, Mr. Chapman represents people who have been accused of committing various types of crimes. If you are facing criminal charges in Florida, Ronald Chapman can help. Schedule your FREE Consultation! (561) 832-4348 or http://www.justiceflorida.com/contact/
Visit us at http://www.justiceflorida.com/ You can also connect with the West Palm Beach Criminal Defense Office online today! Ron Chapman, an experienced criminal defense lawyer dedicated to defending your rights. Contact him today to begin to discuss your case.
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Ron S. Chapman, P.A.
400 Clematis Street, Suite 206
West Palm Beach, FL 33401
Tel: (561) 832-4348