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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 top787.04. 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 to knowingly and willfully lead, take, entice, or remove a minor beyond the limits of this state, or to knowingly and willfully 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 actual or constructive 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.
Laws 1955, c. 29654, § 1; Laws 1957, c. 57-337, § 1; Fla.St.1965, § 65.141; Laws 1967, c. 67-254, § 47; Laws 1971, c. 71-136, § 785; Fla.St.1973, § 805.03; Laws 1974, c. 74-383, § 25; Laws 1975, c. 75-298, § 15; Laws 1980, c. 80-102, § 1; Laws 1988, c. 88-151, § 3. Amended by Laws 1996, c. 96-215, § 3, eff. Oct. 1, 1996; Laws 1996, c. 96-322, § 23, eff. Oct. 1, 1996; Laws 1997, c. 97-102, § 1815, eff. July 1, 1997; Laws 2008, c. 2008-245, § 21, eff. July 1, 2008.