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Legal Statutes: Florida

UPDATED July 16, 2017

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Chapter 787. Kidnapping; False Imprisonment; Luring or Enticing a Child; Custody Offenses

back to top787.02. 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.,1 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 or s. 847.0135(5);

4. A violation of former s. 796.03 or s. 796.04, relating to prostitution, upon the child;

5. Exploitation of the child or allowing the child to be exploited, in violation of s. 450.151; or

6. A violation of s. 787.06(3)(g) relating to human trafficking.

(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.

Laws 1868, c. 1637, subc. 3, § 43; Rev.St.1892, § 2399; Gen.St.1906, § 3225; Rev.Gen.St.1920, § 5057; Comp.Gen.Laws 1927, § 7159; Laws 1971, c. 71-136, § 783; Fla.St.1973, § 805.01; Laws 1974, c. 74-383, § 23; Laws 1975, c. 75-298, § 13; Laws 1984, c. 84-238, § 1; Laws 1990, c. 90-120, § 2. Amended by Laws 1993, c. 93-156, § 1, eff. Oct. 1, 1993; Laws 1993, c. 93-227, §§ 2, 18, eff. Oct. 1, 1993; Laws 1996, c. 96-322, § 9, eff. Oct. 1, 1996; Laws 1997, c. 97-102, § 1814, eff. July 1, 1997; Laws 1999, c. 99-201, § 5, eff. Oct. 1, 1999; Laws 2000, c. 2000-246, § 3, eff. Oct. 1, 2000; Laws 2008, c. 2008-172, § 19, eff. Oct. 1, 2008; Laws 2014, c. 2014-160, § 20, eff. Oct. 1, 2014; Laws 2015, c. 2015-2, § 95, eff. June 30, 2015.