Florida statute

Fla. Stat. § 787.02 — False imprisonment; false imprisonment 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

False imprisonment; false imprisonment of child under age 13, aggravating circumstances

Full text of Fla. Stat. § 787.02

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. § 787.02Primary source, current through the 2025 Florida Statutes

(1)(a) The term “false imprisonment” means forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against her or his will.(b) Confinement of a child under the age of 13 is against her or his will within the meaning of this section if such confinement is without the consent of her or his parent or legal guardian. (2) A person who commits the offense of false imprisonment is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (3)(a) A person who commits the offense of false imprisonment upon a child under the age of 13 and who, in the course of committing the offense, commits any offense enumerated in subparagraphs (a)1.-6., commits 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. 775.084.1. 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.(b) Pursuant to s. 775.021(4), nothing contained herein shall be construed to prohibit the imposition of separate judgments and sentences for the first degree offense 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 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).

This reference is informational and is not legal advice.