Kidnapping in Florida
Kidnapping is a First Degree Felony and punishable by up to life in prison.
Under Florida Statute 787.01, the crime of Kidnapping is committed when a person forcibly, secretly, or by threat confines, abducts, or imprisons another person against their will, without lawful authority, with the intent to:
- Hold for ransom or reward or as a shield or hostage;
- Commit or facilitate commission of any felony;
- Inflict bodily harm upon or to terrorize the victim or another person; or
- Interfere with the performance of any governmental or political function.
Penalties for Kidnapping
The crime of Kidnapping is a First Degree Felony in Florida and punishable by up to life in prison, life on probation, and $10,000 in fines.
Kidnapping is assigned a Level 9 offense severity ranking under Florida’s Criminal Punishment Code. Absent grounds for a downward departure sentence, a judge is required to sentence a person convicted of Kidnapping to a minimum sentence of four (4) years in prison, but may also sentence the person up to the statutory maximum of life in prison.
Defenses to Kidnapping
In addition to the pretrial defenses and trial defenses that can be raised in any criminal case, specific defenses to the crime of Kidnapping are:
Incidental Confinement
There can be no kidnapping if the only confinement involved is incidental to, and likely to naturally accompany, the underlying felony. Rather, it is the intentional confinement of a victim, not their incidental movement, that justifies the kidnapping conviction. [1]
As a result, someone who holds up a convenience store clerk cannot be convicted of Kidnapping by telling someone to stand in a certain spot. (However, they could be convicted of False Imprisonment.)
Contact Criminal Defense Lawyer Richard Hornsby
If you have been arrested or charged with the crime of Kidnapping in Central Florida or the greater Orlando area, please contact Orlando Criminal Defense Lawyer Richard Hornsby today.
The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.