Florida criminal charge
False imprisonment; false imprisonment of child under age 13, aggravating circumstances in Florida
False imprisonment; false imprisonment of child under age 13, aggravating circumstances is a criminal offense under Florida law, defined by Fla. Stat. § 787.02. Its classification is not fixed: Florida assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Fla. Stat. § 787.02.
How is false imprisonment; false imprisonment of child under age 13, aggravating circumstances classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| False imprisonment | Felony of the Third Degree | A person commits the offense of false imprisonment as defined in subsection (1). | Fla. Stat. § 787.02(2) |
| False imprisonment of a child under 13 with aggravating circumstance | Felony of the First Degree | A person commits false imprisonment upon a child under the age of 13 and, in the course of committing that offense, also commits one of the enumerated aggravating offenses (aggravated child abuse, sexual battery, lewd or lascivious offenses, prostitution-related offenses, exploitation, or human trafficking). | Fla. Stat. § 787.02(3)(a) |
Common questions about false imprisonment; false imprisonment of child under age 13, aggravating circumstances in Florida
Is false imprisonment; false imprisonment of child under age 13, aggravating circumstances a felony or a misdemeanor in Florida?
It depends on the circumstances: false imprisonment; false imprisonment of child under age 13, aggravating circumstances ranges from a Felony of the Third Degree to a Felony of the First Degree in Florida under Fla. Stat. § 787.02.
False imprisonment: Felony of the Third Degree (Fla. Stat. § 787.02(2)) · False imprisonment of a child under 13 with aggravating circumstance: Felony of the First Degree (Fla. Stat. § 787.02(3)(a))
Which Florida statute covers false imprisonment; false imprisonment of child under age 13, aggravating circumstances?
False imprisonment; false imprisonment of child under age 13, aggravating circumstances is governed by Fla. Stat. § 787.02 (False imprisonment; false imprisonment of child under age 13, aggravating circumstances).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.