What is kidnapping in Florida?

The crime of Kidnapping is a First Degree Felony in Florida which is punishable by imprisonment of a number of years not exceeding life, and a fine of up to $10,000.

This offense occurs when a person:

Abducts or imprisons another against their will and with intent to hold for ransom or reward, commit any felony, terrorize the victim, or interfere with government performance.

Defenses to Kidnapping

  • Merely Incidental Confinement
    • Kidnapping cannot be “merely incidental to other felonies.”  An example is if a sexual assault takes place in a home, moving a victim from one room to another is not kidnapping.  However, moving a victim to another house may be.  
  • Slight or Inconsequential Confinement 
    • If someone is in an unlocked room and is not threatened, the situation may not rise to kidnapping. 

References:

Faison v. State, 426 So. 2d 963 (Fla. 1983)
https://scholar.google.com/scholar_case?case=16696765327575741305

Contact Criminal Defense Attorney Glenn M. Swiatek for a Free Initial Consultation in Destin, Shalimar, Crestview, Ft. Walton Beach and other areas of Northwest Florida

If you have been arrested or believe you will soon be arrested for the offense of kidnapping in Destin, Shalimar, Crestview, Ft. Walton Beach or other areas of Northwest Florida please call us today at (850) 609‑0940 or contact us online.

Initial Office Consults are free, and I will make myself available to suit your schedule. Get the peace of mind that an attorney with over twenty-three years of criminal law experience can bring.


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