Florida statute

Fla. Stat. § 787.01 — Kidnapping; kidnapping of child under age 13, aggravating circumstances

Current through 2025 Florida Statutes

Part of Chapter 787: Kidnapping; Custody Offenses; Human Trafficking; And Related Offenses, Florida Statutes.

Criminal charges under this statute

Kidnapping; kidnapping of child under age 13, aggravating circumstances

Full text of Fla. Stat. § 787.01

Statutory text current through the 2025 Florida Statutes. This publication reproduces the official statutory text; it is not the official statutes of the State of Florida.

Fla. Stat. § 787.01Primary source, current through the 2025 Florida Statutes

(1)(a) The term “kidnapping” means forcibly, secretly, or by threat confining, abducting, or imprisoning another person against her or his will and without lawful authority, with intent to:1. Hold for ransom or reward or as a shield or hostage.2. Commit or facilitate commission of any felony.3. Inflict bodily harm upon or to terrorize the victim or another person.4. Interfere with the performance of any governmental or political function.(b) Confinement of a child under the age of 13 is against her or his will within the meaning of this subsection if such confinement is without the consent of her or his parent or legal guardian. (2) A person who kidnaps a person is guilty of 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. (3)(a) A person who commits the offense of kidnapping upon a child under the age of 13 and who, in the course of committing the offense, commits one or more of the following: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; or6. A violation of s. 787.06(3)(g) or (5), relating to human trafficking,commits a life felony, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.(b) Pursuant to s. 775.021(4), nothing contained herein shall be construed to prohibit the imposition of separate judgments and sentences for the life felony described in paragraph (a) and for each separate offense enumerated in subparagraphs (a)1.-6.

Official sources

Legal terms used in this section

Questions this section answers

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).

This reference is informational and is not legal advice.