Florida criminal charge
Kidnapping; kidnapping of child under age 13, aggravating circumstances in Florida
Kidnapping; kidnapping of child under age 13, aggravating circumstances is a criminal offense under Florida law, defined by Fla. Stat. § 787.01. 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. § 787.01.
How is kidnapping; kidnapping of child under age 13, aggravating circumstances classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Kidnapping | Felony of the First Degree | A person who kidnaps another person is guilty of a felony of the first degree. | Fla. Stat. § 787.01(2) |
| Kidnapping of child under 13 with aggravating circumstances | Life Felony | A person who kidnaps a child under age 13 and, in the course of the kidnapping, also commits aggravated child abuse, sexual battery, lewd or lascivious offenses, prostitution-related offenses, exploitation, or human trafficking against the child commits a life felony. | Fla. Stat. § 787.01(3)(a) |
Common questions about kidnapping; kidnapping of child under age 13, aggravating circumstances in Florida
Is kidnapping; kidnapping of child under age 13, aggravating circumstances a felony or a misdemeanor in Florida?
It depends on the circumstances: kidnapping; kidnapping of child under age 13, aggravating circumstances ranges from a Felony of the First Degree to a Life Felony in Florida under Fla. Stat. § 787.01.
Kidnapping: Felony of the First Degree (Fla. Stat. § 787.01(2)) · Kidnapping of child under 13 with aggravating circumstances: Life Felony (Fla. Stat. § 787.01(3)(a))
Which Florida statute covers kidnapping; kidnapping of child under age 13, aggravating circumstances?
Kidnapping; kidnapping of child under age 13, aggravating circumstances is governed by Fla. Stat. § 787.01 (Kidnapping; kidnapping 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.