The 2024 Florida Statutes
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. . . was charged with kidnapping with the intent to commit a felony, sexual battery, pursuant to section 787.01 . . .
. . . . §§ 787.01(2); 921.0022(3)(i), Fla. Stat. (2018). Section 775.087(1), Fla. . . . The judgment references § 787.01(a), Fla. Stat (2017), but it should read § 787.01(1)(a), Fla. . . .
. . . ii) the primary offense was committed on or after October 1, 2014, and is a violation of: a. section 787.01 . . . or a lewd act under section 800.04 or 847.0135(5), Florida Statutes, against the victim; b. section 787.01 . . .
. . . a sentence pursuant to s. 775.082, s. 775.083, or s. 775.084. (9) For kidnapping as described in s. 787.01 . . . for 10 years before eligibility for release shall be imposed. (5) For kidnapping as described in s. 787.01 . . . for 10 years before eligibility for release shall be imposed ]. (5) For kidnapping as described in s. 787.01 . . .
. . . . §§ 787.01, 775.087 (1991) ); and (v) a 2005 conviction for resisting an officer with violence ( Fla . . . Stat. § 787.01 is also a qualifying violent felony. D. . . .
. . . See § 787.01(l)(a), Fla. Stat. (2005); Fla. Std. Jury Instr. (Crim.) 9.1. . . .
. . . Section 787.01(1)(a)2., Florida Statutes (2014), defines kidnapping as "forcibly, secretly, or by threat . . . facts of a case to determine whether a defendant's conduct amounts to a confinement crime under section 787.01 . . .
. . . child under the age of 13, with aggravated child abuse and sexual battery, in violation of section 787.01 . . .
. . . was adopted in 2009 [6 So.3d 574] and amended in 2016 [190 So.3d 1055], and 2017. 9.1 KIDNAPPING § 787.01 . . . If a violation of § 787.01(3), Fla. . . . *If the State alleged the life felony of Kidnapping with aggravating circumstances in § 787.01(3), Fla . . .
. . . Kidnapping under s. 787.01 or false imprisonment under s. 787.02. 3. . . .
. . . kidnapping with the intent to inflict bodily harm upon or to terrorize the victim or another person, § 787.01 . . . [i]nflict bodily harm upon or to terrorize the victim or another person.” § 787.01(l)(a)(3). . . .
. . . statutes in this state or similar offenses in another jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01 . . .
. . . Kidnapping under s. 787.01 or false imprisonment under s. 787.02. 3. . . .
. . . section 794.011(8), Florida Statutes, and (Count 2) kidnapping with a weapon, in violation of sections . 787.01 . . .
. . . the victim with the intent to inflict bodily harm or terrorize the victim, in violation of section 787.01 . . . kidnapping with the intent to commit or facilitate the commission of another felony under subsection 787.01 . . . is charged as kidnapping with the intent to inflict bodily harm upon or to terrorize under section 787.01 . . .
. . . proscribed in the following statutes in this state or similar offenses in another jurisdiction: s. 787.01 . . .
. . . .” § 787.01(l)(a)3, Fla. Stat. (2014). . . . State, 162 So.3d 1077, 1078 (Fla. 5th DCA 2015) (under section 787.01(l)(a)3, Florida Statutes, “the . . .
. . . Here, the parties agree that Martinez was convicted under Section 787.01(l)(a)(3) of the Florida Statute . . . , with the intent to inflict bodily harm upon or to terrorize [her] in violation of Florida Statute 787.01 . . . [ijnflict bodily harm upon or to terrorize the victim or - another person.” § 787.01(l)(a)(3). . . . confinement factor ... is germane only when the charge of kidnapping is brought under - subsection [§ 787.01 . . . Section 787.01 (l)(a)(3) provides that the "term ‘kidnapping’ means forcibly, secretly, or by threat . . .
. . . ijnterfere with the performance of any governmental or political function,” as proscribed by section 787.01 . . . nterfere with the performance of any governmental or political function,” which, is an element of section 787.01 . . . See § 787.01(l)(a)(4) (emphasis added). . . .
. . . . §§ 787.01(2), 810.02(2), 812.13(2)(a), Fla. Stat. (1990). Woodberry was convicted as a principal. . . .
. . . aggravated child abuse, sexual battery, lewd or lascivious molestation, or other specified conduct (§ 787.01 . . .
. . . judgment read as follows: COUNT CRIME ‘ ■ OFFENSE STATUTE ' NUMBERS DEGREE KIDNAPPING WITH A FIREARM 787.01 . . . exceeding life” irrespective of the possession (personally or vicariously) of a firearm or weapon. § 787.01 . . .
. . . SEX-RELATED CRIME shall mean a violation of Sections 787.01, 787.02, or 787.025, Florida Statutes, where . . .
. . . instructions 9.1 (Kidnapping) and 9.2 (False Imprisonment) in response to recent amendments to section 787.01 . . . APPENDIX 9.1 KIDNAPPING § 787.01, Fla. Stat. . . . If a violation of § 787.01(3), Fla. . . . Lesser Included Offenses KIDNAPPING — 787.01 CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. . . .
. . . citation error in the judgment to refer to the proper subsection of the kidnapping statute, section 787.01 . . .
. . . However, Somers was charged with kidnapping under section 787.01(l)(a)3., Florida Statutes, which states . . . authority, with intent to ... inflict bodily harm upon or to terrorize the victim or another person.” § 787.01 . . .
. . . . § 787.01(1); Haw.Rev.Stat. § 707-720(1); Iowa Code § 710.1; Kan. Stat. Ann. § 21-5408; Ky.Rev. . . . Stat. § 787.01(1); Haw.Rev.Stat. § 707-720; Iowa Code § 710.1; Kan. Stat. . . .
. . . Department of Children and Families, a duly authorized agency of the State of Florida, in violation of s. 787.01 . . . punishable by imprisonment for a term of years not exceeding life or as provided in chapter 775. § 787.01 . . . I conclude that the relevant statutory language of section 787.01(l)(d) (“with intent to .... . . . See and compare § 787.01, Fla. Stat. . . . Geralyn Graham was indicted for violating section 787.01(l)(a)4., Florida Statutes (2000). . . . from the home did not “interfere with the performance of any governmental or political function.” § 787.01 . . . The significant language of section 787.01(l)(a)4. — “interfere with the performance of any governmental . . . The kidnapping statute under which Geralyn Graham was charged, section 787.01(l)(a)4., more appropriately . . . deliberate, orchestrated effort to mislead DCF officials and interfere with DCF's duties, implicated section 787.01 . . .
. . . Section 787.01(l)(a)(2), Florida Statutes (2010), defines the crime of kidnapping as “forcibly, secretly . . .
. . . instruction 9.1 (Kidnapping) and 9.2 (False Imprisonment), in response to recent amendments to section 787.01 . . . APPENDIX 9.1 KIDNAPPING § 787.01, Fla. Stat. . . . If a'violation of§ 787.01(3), Fla. . . . Lesser Included Offenses KIDNAPPING — 787.01 CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. . . .
. . . written judgment erroneously cites Appellant’s aggravated battery conviction as a violation of section 787.01 . . .
. . . Section 787.01(a), Florida Statutes (2007), provides as follows: (l)(a) The term “kidnapping” means forcibly . . . is charged with kidnapping with the intent to facilitate the commission of a felony under subsection 787.01 . . . case law clearly provides that the Faison test applies only when kidnapping is charged under section 787.01 . . .
. . . and 9.2, amongst other changes, the instructions are amended to include the enhancement in sections 787.01 . . . APPENDIX 9.1 KIDNAPPING § 787.01, Fla. — Stat. . . . If a violation of§ 787.01(3), Fla. . . . Lesser Included Offenses KIDNAPPING — 787.01 CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. . . .
. . . charged and convicted of kidnapping [without a firearm], a first-degree felony punishable by life, see § 787.01 . . .
. . . Stat. (2008)), one count of kidnapping (§ 787.01(1)(a)2., Fla. . . .
. . . Calhoun was convicted of kidnapping pursuant to section 787.01(l)(a)2., Florida Statutes (2009). . . .
. . . kidnapping,” he “carried or had in his possession a weapon, contrary to the provisions of Sections 787.01 . . . Section 787.01(l)(a), Florida Statutes (1999), provides: The term “kidnapping” means forcibly, secretly . . . State, 409 So.2d 1031, 1034 (Fla.1982), where the Florida Supreme Court said that if section 787.01(1 . . . Although the three-part test set forth in Faison is limited to kidnapping under section 787.01(l)(a)2 . . . State, 84 So.3d 204, 218 (Fla.2012) (affirming conviction for kidnapping pursuant to section 787.01(l . . .
. . . Kidnapping is defined in section 787.01(l)(a)2., Florida Statutes (2008), as “forcibly, secretly, or . . .
. . . conviction for kidnapping with the intent to terrorize or to inflict great bodily harm pursuant to section 787.01 . . .
. . . .; 787.01(1)(a)3., Fla. Stat. (2005). . . . Section 787.01(1)(a), Florida Statutes (2005), defines kidnapping as the follows: The term “kidnapping . . . See § 787.01(l)(a)3., Fla. Stat. (2005). . . . was applied when a defendant was charged with two crimes, one of which was kidnapping under section 787.01 . . . The decision in Faison is limited to kidnapping under section 787.01(a)(2). . . .
. . . The State charged Stanley with kidnapping under section 787.01(l)(a)(2), Florida Statutes (2010). . . . correctly argues that the Faison test is not applicable when the kidnapping charge is based on section 787.01 . . . But Stanley was not charged under that subsection; he was charged under subsections 787.01(l)(a)(2) and . . . 787.01(3). . . . victim was thirteen years old at the time of the crime, and did not fit within the dictates of section 787.01 . . .
. . . See § 787.01(l)(a), Fla. Stat. (2001). . . .
. . . . § 787.01(l)(a)(3). . . .
. . . The Supreme Court of Florida has construed the Florida kidnapping statute, Section 787.01(1)(a)(2), Florida . . .
. . . proscribed in the following statutes in this state or similar offenses in another jurisdiction: s. 787.01 . . . criminal offenses proscribed in the following statutes or similar offense in another jurisdiction: s. 787.01 . . .
. . . . § 787.01(1). . . .
. . . . § 787.01(l)(a)(3), and four counts of sexual battery, id. § 794.011(3). . . .
. . . . §§ 787.01(2), 775.082(3)(b). .Fla. . . . . § 787.01(l)(a) reads in full: (l)(a) The term “kidnapping” means forcibly, by threat, or secretly confining . . .
. . . . § 787.01(l)(a) & (2), Fla. Stat. (2007). . . .
. . . Kopsho was charged under both sections 787.01(l)(a)(2) and 787.01(l)(a)(3), Florida Statutes (2000). . . . Section 787.01(l)(a) defines kidnapping as: forcibly, secretly, or by threat confining, abducting, or . . . , 219 Kan. 203, 547 P.2d 720 (1976), and held that to support a kidnapping conviction under section 787.01 . . . have held that the State need not prove these additional elements to obtain a conviction under section 787.01 . . . as mentioned above, the State need not prove that the confinement was not incidental under section 787.01 . . .
. . . . § 787.01(l)(a)(2), Fla. Stat. (Supp.1996). . . .
. . . . §§ 787.01(l)(a), 812.135(1), 812.135(2)(a), 794.01 l(2)(b), 794.011(3), 812.13(2)(a), 812.13(2)(b), . . .
. . . In 1999, a jury convicted appellant of aggravated kidnapping in violation of section 787.01(3)(a), Florida . . .
. . . See §§ 784.045(1)(a)(1); 787.01(l)(a)(2); 794.011(3); 812.13(1), (2)(c), Fla. Stat. (2007). . . .
. . . Bevans was convicted after trial on one count of kidnapping in violation of section 787.01(3)(a), Florida . . .
. . . . § 787.01. Instead, the violation here was most likely "Interference with Custody.” Fla. . . .
. . . us centers on whether a parent can lawfully be convicted of kidnapping his own child under section 787.01 . . . that it held that a parent can be criminally liable for kidnapping his own child pursuant to section 787.01 . . . We thus begin our analysis with the language of section 787.01, Florida Statutes (2000). . . . Interfere with the performance of any governmental or political function. § 787.01(l)(a), Fla. . . . Thus, by its own terms, section 787.01 permits Davi-la to be legally convicted of kidnapping R.D. . . . .” § 787.01(l)(b), Fla. Stat. (2000) (emphasis added). . . . The majority’s alternative construction of section 787.01(l)(b) as setting forth a nonexclusive “method . . . . § 787.01(l)(a), Fla. Stat. (2000). . . . .” § 787.01(l)(b), Fla. Stat. . . .
. . . Enix was charged with attempted kidnapping under sections 777.04(1) and 787.01(l)(a)(l), Florida Statutes . . . without lawful authority with the intent to hold her “for ransom or reward or as a shield or hostage.” § 787.01 . . .
. . . . § 787.01(l)(a)2, § 775.087(1), § 775.087(2)(a)l„ Fla. . . .
. . . committed, or has pled nolo contendere or guilty to, regardless of adjudication, any violation of s. 787.01 . . .
. . . Faison test without first determining if the State proved all the elements of a kidnapping under section 787.01 . . . majority is correct that only after the evidence satisfies the statutory elements set forth in section 787.01 . . . I therefore agree with the majority that under section 787.01(l)(a)(2), the State failed to prove that . . . As noted by the majority, “under section 787.01(l)(a)(2), a defendant’s awareness of the victim must . . . 2009), involving the application of a provision of Florida’s kidnapping statute, specifically section 787.01 . . . Next, we examine the elements of section 787.01(1)(a)2., Florida Statutes (2006). . . . Interfere with the performance of any governmental or political function. § 787.01(l)(a), Fla. . . . See, e.g., Lynch, 2 So.3d at 62-63 (applying the Fai-son test to section 787.01(1)(a)2.); Boyd v. . . . See § 787.01(l)(a)2., Fla. Stat. . . .
. . . See §§ 787.01(2), 794.023(2)(a), Fla. Stat. (1991); § 794.011(5), Fla. Stat. (Supp.1992). . . .
. . . Appellant was arrested and charged with attempted second-degree murder and kidnapping under section 787.01 . . . Subsequent cases have made clear that this test applies only when kidnapping is charged under section 787.01 . . . 2009), in which the Second District reversed the defendant’s conviction for kidnapping under section 787.01 . . . We need not address the merits of the Second District’s analysis of section 787.01(l)(a)3 in Conner because . . . These facts are sufficient to establish confinement under any reading of section 787.01(l)(a)3. . . .
. . . State, 426 So.2d 963 (Fla.1983), is inapplicable because he was charged under section 787.01(1)(a)3., . . . Florida Statutes, not under section 787.01(1)(a)2., kidnapping with the intent to commit or facilitate . . .
. . . section 794.011(3) of the Florida Statutes (2001), kidnapping with a knife in violation of section 787.01 . . .
. . . section 794.011(3), Florida Statutes (2006), and (b) one count of armed kidnapping, pursuant to section 787.01 . . . With regards to kidnapping, section 787.01(l)(a)2. does not provide, as part of the elements for kidnapping . . . See § 787.01(2), Fla. Stat. (2006). . . . Section 787.01(l)(a)2. states: "(l)(a) The term 'kidnapping' means forcibly, secretly, or by threat confining . . . Commit or facilitate commission of any felony.” § 787.01(l)(a)2„ Fla. . . .
. . . kidnapping “with the intent to commit or facilitate the commission of robbery” in violation of section 787.01 . . . Section 787.01(l)(a) provides four separate and distinct acts, any one of which can be used to establish . . . facilitate commission of robbery which applies to subpart 2 under the definition of “kidnapping” in section 787.01 . . . Interfere with the performance of any governmental or political function. § 787.01(l)(a), Fla. . . .
. . . . § 787.01; Haw.Rev.Stat. § 707-720(1); Ind.Code § 35-42-3-2; Iowa Code § 710.1; Kan. Stat. . . .
. . . . § 787.01(l)(a)2., Fla. Stat. (2006) (emphasis added). . . . element is met if the confinement is without the consent of the child’s parent or legal guardian. § 787.01 . . . Section 787.01(3)(a), Florida Statutes (2006) provides that it is a life felony to kidnap a child under . . . Significantly, section 787.01(3)(b) provides that “nothing contained herein shall be construed to prohibit . . . COHEN, J., concurs and concurs specially with opinion. . § 787.01(3)(a), Fla. . . .
. . . See § 787.01(l)(a)2, Fla. Stat. (2009); Faison v. State, 426 So.2d 963, 965 (Fla.1983). . . . Section 787.01, Florida Statutes, provides: (l)(a) The term “kidnapping” means forcibly, secretly, or . . . felony described in paragraph (a) and for each separate offense enumerated in subparagraphs (a)l.-5. § 787.01 . . .
. . . proscribed in the following statutes in this state or similar offenses in another jurisdiction: s. 787.01 . . .
. . . Galavis was charged by information with attempted kidnapping in violation of sections 787.01 and 777.04 . . .
. . . See §§ 784.021, 787.01(l)(a)(3), 794.011(3), Fla. Stat. (1987). . . . Kidnapping is a first-degree felony. § 787.01(2). Mr. . . .
. . . deadly weapon in violation of section 794.011(3), and kidnapping with a weapon in violation of sections 787.01 . . .
. . . of a parent or legal guardian under section 787.02(l)(b) is not a separate offense; rather, section 787.01 . . .
. . . . § 787.01(2), (3), Fla. Stat. (2000). . . .
. . . Stat. (1997), and kidnapping, § 787.01, Fla. Stat. (1997). . . . Applying the Buggs test to subsection 787.01(l)(a)(2) (“[c]ommit or facilitate commission of any felony . . . Lumarque, 990 So.2d 1241, 1242 (Fla. 3d DCA 2008) (“Faison may correctly be applied to section 787.01 . . . (l)(a)(2), ... but it is not applicable to a kidnapping charge based upon section 787.01(l)(a)(3)-”); . . . Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). .Section 787.01(l)(a) provides: The term . . .
. . . Analysis Subparagraph 787.01(l)(a)2, Florida Statutes (2006), defines “kidnapping” to include “forcibly . . .
. . . . § 787.01(1); Haw.Rev.Stat. § 707-720(1); Ind.Code § 35-42-3-2; Iowa Code § 710.1; Kan. Stat. . . .
. . . could have imposed a life sentence on count IV even without habitual felony offender enhancement, see § 787.01 . . .
. . . See §§ 775.087, 787.01(2), Fla. Stat. (1995). The crime date was October 15,1995. . . .
. . . In Faison, we recognized that the plain text of section 787.01, Florida Statutes, could lead to potentially . . . We also explained that we had previously “adopted the view that subsection 787.01(l)(a)2 did not apply . . .
. . . Raymond Lumarque (“Lumarque”) was charged by information with kidnapping in violation of section 787.01 . . . (l)(a)(2) and, alternatively, section 787.01(l)(a)(3) of the Florida Statutes. . . . first degree murder and/or inflict bodily harm upon or to terrorize the victim ... in violation of s. 787.01 . . . Faison may correctly be applied to section 787.01(l)(a)(2), which involves kidnapping with the intent . . . to commit a felony, but it is not applicable to a kidnapping charge based upon section 787.01(l)(a)( . . .
. . . committed, or has pled nolo contendere or guilty to, regardless of adjudication, any violation of s. 787.01 . . .
. . . 2003): The felony is a capital, life, or first-degree felony violation, or any attempt thereof, of s. 787.01 . . .
. . . Section 787.01(2), Florida Statutes (2004), provides that “[a] person who kidnaps a person is guilty . . . GRIFFIN and EVANDER, JJ., concur. . §§ 787.01(l)(a)(2), 775.087(1), (2), Fla. . . . . §§ 787.01(l)(a)(3), 775.087(1), (2), Fla. Stat. (2004). .§ 812.014(2)(c)(6), Fla. Stat. (2004). . . . .
. . . Kidnapping is defined in section 787.01(l)(a), Florida Statutes, in relevant part, as “forcibly, secretly . . .
. . . proscribed in the following statutes in this state or similar offenses in another jurisdiction: s. 787.01 . . .
. . . For kidnapping under subparagraph 787.01(l)(a)3., the defendant must forcibly, secretly, or by threat . . . Subsection 787.01(1), Florida Statutes (2003), provides: (l)(a) The term "kidnapping” means forcibly, . . .
. . . See § 787.01(2), Fla. Stat. (2003). . . .
. . . .” § 787.01(2), Fla. Stat. (2004). . . . Figueroa was charged with kidnapping, § 787.01(2), Fla. . . .
. . . See § 787.01(2), Fla. Stat. (1989). . . .
. . . . § 787.01 (West Supp.2006); Haw.Rev.Stat. . . .
. . . . § 787.01(l)(a) (defining kidnapping as “forcibly, secretly, or by threat confining, abducting, or imprisoning . . . Stat. § 787.01, it is appropriate to consider these cases because "proof of the elements of the kidnapping . . .
. . . Section 787.01(l)(a), Florida Statutes (2003), defines the term “kidnapping” as: forcibly, secretly, . . . appears straightforward, the supreme court has recognized that “a literal interpretation of subsection 787.01 . . .