Florida Statutes

Fla. Stat. § 787.01 (2025)

Kidnapping; kidnapping of child under age 13, aggravating circumstances.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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

(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; or

6. 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.

History.—s. 1, ch. 5907, 1909; RGS 5058; CGL 7160; s. 1, ch 16063, 1933; s. 784, ch. 71-136; s. 8, ch. 72-724; s. 22, ch 74-383; s. 12, ch. 75-298; s. 1, ch. 77-174; s. 1, ch. 84-238; s. 2, ch. 90-120; s. 2, ch. 93-227; s. 9, ch. 96-322; s. 1813, ch. 97-102; s. 4, ch. 99-201; s. 3, ch. 2000-246; s. 18, ch. 2008-172; s. 19, ch. 2014-160; s. 5, ch. 2025-156.

Note.—Former s. 805.02.

Arrestable Offenses under F.S. 787.01

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§787.01(2)KIDNAPKIDNAP ANOTHER PERSONF · 1st

§787.01(1a1)KIDNAP MINOR FOR RANSOMOR REWARD OR SHIELD OR HOSTAGEF · 1st

§787.01(1a1)KIDNAP ADULT FOR RANSOMOR REWARD OR SHIELD OR HOSTAGEF · 1st

§787.01(1a2)KIDNAPCOMMIT OR FACILITATE COMMISSION OF FELONYF · 1st

§787.01(1a3)KIDNAPINFLICT BODILY HARM OR TERRORIZE VICT OR OTHERF · 1st

§787.01(1a4)KIDNAPINTERFERE W GOVERNMENT OR POLITICAL FUNCTIONF · 1st

§787.01(1b)KIDNAP MINORCONFINE CHILD UND 13 YOA W/O CONSENT OF PARENTF · 1st

§787.01(3a1)KIDNAP MINORUNDER 13 YEARS OF AGE COMMIT AGGRAVATED ABUSEF

§787.01(3a2)KIDNAP MINOR TO SEXUALLY ASSLTUNDER 13 YOA SEXUAL BATTERYF

§787.01(3a3)KIDNAP MINORUND 13 YOA LEWD LASCIVIOUS INDECENT ASSLT ACTF

§787.01(3a4)KIDNAP MINORUNDER 13 YOA AND FORCE INTO PROSTITUTIONF

§787.01(3a5)KIDNAP MINORUNDER 13 YOA AND EXPLOIT OR ALLOW EXPLOITATIONF

Notes of Decisions

Cited in 343 cases (15 in the last 5 years), 1978–2026 · leading case: Delgado v. State, 71 So. 3d 54 (Fla. 2011).

Sort: Relevance Newest Treatment

Delgado v. State, 71 So. 3d 54 (Fla. 2011). · cites it 80× “2008) (recognizing that "the plain text of section 787.01, Florida Statutes, could lead to potentially absurd results").”

Davila v. State, 75 So. 3d 192 (Fla. 2011). · cites it 34× “The conflict issue before us centers on whether a parent can lawfully be convicted of kidnapping his own child under section 787.01, Florida Statutes (2000). For the reasons expressed below, we approve the decision of the Third District in Davila to the extent that it held that…”

Faison v. State, 426 So. 2d 963 (Fla. 1983). · cites it 12× “[5] § 787.01 reads as follows: (1)(a) "Kidnapping" means forcibly, secretly, or by threat confining, abducting, or imprisoning another person against his will and without lawful authority, with intent to: 1.”

Crain v. State, 894 So. 2d 59 (Fla. 2004). · cites it 9× “The kidnapping statute found in section 787.01, Florida Statutes (1997), defines the offense in pertinent part as follows: (1)(a) The term "kidnapping" means forcibly, secretly, or by threat confining, abducting, or imprisoning another person against her or his will and without…”

Conner v. State, 19 So. 3d 1117 (Fla. 2d DCA 2009). · cites it 22× “(1997), and kidnapping, § 787.01, Fla. Stat. (1997). The trial court adjudged him to be guilty of both crimes and sentenced him to serve twenty-five years in prison on the attempted murder charge and life in prison on the kidnapping charge.”

Lynch v. State, 2 So. 3d 47 (Fla. 2009). · cites it 6× “In Faison , we recognized that the plain text of section 787.01, Florida Statutes, could lead to potentially absurd results.”

State v. Smith, 840 So. 2d 987 (Fla. 2003). · cites it 9× “Kidnapping is defined in section 787.01(1)(a), Florida Statutes (1997), as follows: 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.”

Boyd v. State, 910 So. 2d 167 (Fla. 2005). · cites it 4× “Section 787.01(1)(a), Florida Statutes (1997), defines kidnapping as forcibly, secretly, or by threat confining, abducting, or imprisoning another person against her or his will and without lawful authority, with intent to: .”

Pearce v. State, 880 So. 2d 561 (Fla. 2004). · cites it 4× “See § 787.01(1)(a), Fla. Stat. (1999). Both Havner and Tuttle testified that Pearce ordered them into the business office, waved a gun around, and pointed the gun at them.”

& SC14-2278 Charles Grover Brant v. State of Florida & Charles Grover Brant v. Julie L. Jones, etc., 197 So. 3d 1051 (Fla. 2016). · cites it 3× “Ineffective Assistance of Appellate Counsel for Failure to Challenge Denial of Motion to Dismiss Kidnapping Brant was charged in count three of the indictment with kidnapping by forcibly, secretly, or by threat, confining, abducting, or imprisoning the victim with the intent to…”

Allen v. State, 137 So. 3d 946 (Fla. 2013). · cites it 6× “Section 787.01(1)(a), Florida Statutes (2005), defines kidnapping as the follows: 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.”

Berry v. State, 668 So. 2d 967 (Fla. 1996). · cites it 5× “Section 787.01 states in relevant part: 787.”

Show all 343 citing cases →

— 787.01(1) — 9 cases

Delgado v. State, 71 So. 3d 54 (Fla. 2011). “2008) (recognizing that "the plain text of section 787.01, Florida Statutes, could lead to potentially absurd results").”

LaFleur v. State, 661 So. 2d 346 (Fla. 3d DCA 1995).

Chanquet v. State, 646 So. 2d 834 (Fla. 3d DCA 1994).

Muniz v. State, 764 So. 2d 729 (Fla. 2d DCA 2000).

Gloster v. State, 603 So. 2d 1344 (Fla. 2d DCA 1992).

— 787.01(1)(a) — 101 cases

Delgado v. State, 71 So. 3d 54 (Fla. 2011). “2008) (recognizing that "the plain text of section 787.01, Florida Statutes, could lead to potentially absurd results").”

Faison v. State, 426 So. 2d 963 (Fla. 1983). “[5] § 787.01 reads as follows: (1)(a) "Kidnapping" means forcibly, secretly, or by threat confining, abducting, or imprisoning another person against his will and without lawful authority, with intent to: 1.”

State v. Smith, 840 So. 2d 987 (Fla. 2003). “Kidnapping is defined in section 787.01(1)(a), Florida Statutes (1997), as follows: 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.”

Garzon v. State, 939 So. 2d 278 (Fla. 4th DCA 2006).

Sutton v. State, 834 So. 2d 332 (Fla. 5th DCA 2003).

— 787.01(1)(a)(2) — 19 cases

Crain v. State, 894 So. 2d 59 (Fla. 2004). “The kidnapping statute found in section 787.01, Florida Statutes (1997), defines the offense in pertinent part as follows: (1)(a) The term "kidnapping" means forcibly, secretly, or by threat confining, abducting, or imprisoning another person against her or his will and without…”

Boyd v. State, 910 So. 2d 167 (Fla. 2005). “Section 787.01(1)(a), Florida Statutes (1997), defines kidnapping as forcibly, secretly, or by threat confining, abducting, or imprisoning another person against her or his will and without lawful authority, with intent to: .”

Chavez v. State, 832 So. 2d 730 (Fla. 2002).

Kennedy v. State, 564 So. 2d 1127 (Fla. 1st DCA 1990).

Waddell v. State, 696 So. 2d 1229 (Fla. 3d DCA 1997).

— 787.01(1)(a)(3) — 10 cases

Pearce v. State, 880 So. 2d 561 (Fla. 2004). “See § 787.01(1)(a), Fla. Stat. (1999). Both Havner and Tuttle testified that Pearce ordered them into the business office, waved a gun around, and pointed the gun at them.”

Brown v. State, 508 So. 2d 522 (Fla. 2d DCA 1987).

State v. Lumarque, 990 So. 2d 1241 (Fla. 3d DCA 2008).

— 787.01(1)(b) — 6 cases

Chavez v. State, 832 So. 2d 730 (Fla. 2002).

Delgado v. State, 71 So. 3d 54 (Fla. 2011). “2008) (recognizing that "the plain text of section 787.01, Florida Statutes, could lead to potentially absurd results").”

Johnson v. State, 637 So. 2d 3 (Fla. 3d DCA 1994).

Muniz v. State, 764 So. 2d 729 (Fla. 2d DCA 2000).

— 787.01(1)(d) — 1 case

Graham v. State, 169 So. 3d 123 (Fla. 3d DCA 2015).

— 787.01(12)(a) — 1 case

Chaney v. State, 464 So. 2d 1261 (Fla. 1st DCA 1985).

— 787.01(2) — 57 cases

Lamont v. State, 610 So. 2d 435 (Fla. 1992).

Gibbs v. State, 623 So. 2d 551 (Fla. 4th DCA 1993).

Lamont v. State, 597 So. 2d 823 (Fla. 3d DCA 1992).

Cooper v. State, 800 So. 2d 243 (Fla. 2d DCA 2001).

Collins v. State, 800 So. 2d 660 (Fla. 2d DCA 2001).

— 787.01(3) — 7 cases

In Re Stand. Jury Instructions in Crim. Cases—Report No. 2016-08, 211 So. 3d 995 (Fla. 2017).

McMaster-Wade v. State, 830 So. 2d 217 (Fla. 2d DCA 2002).

Stanley v. State, 112 So. 3d 718 (Fla. 2d DCA 2013).

In Re Stand. Jury Instructions in Crim. Cases—report No. 2014-02, 152 So. 3d 475 (Fla. 2014).

In Re Stand. Jury Instructions in Crim. Cases—Instructions 9.1 & 9.2, 156 So. 3d 495 (Fla. 2015).

— 787.01(3)(a) — 15 cases

Bishop v. State, 46 So. 3d 75 (Fla. 5th DCA 2010).

Stephen C. Hanf v. State of Florida, 182 So. 3d 704 (Fla. 1st DCA 2015).

Burdick v. State, 584 So. 2d 1035 (Fla. 1st DCA 1991).

Brinson v. State, 574 So. 2d 298 (Fla. 5th DCA 1991).

Bevans v. State, 75 So. 3d 345 (Fla. 1st DCA 2011).

— 787.01(3)(b) — 1 case

Bishop v. State, 46 So. 3d 75 (Fla. 5th DCA 2010).

— 787.01(a) — 6 cases

Harkins v. State, 380 So. 2d 524 (Fla. 5th DCA 1980).

Proko v. State, 566 So. 2d 918 (Fla. 5th DCA 1990).

Rodriguez v. State, 147 So. 3d 1066 (Fla. 3d DCA 2014).

Williamson v. State, 510 So. 2d 335 (Fla. 4th DCA 1987).

Rauso v. State, 425 So. 2d 618 (Fla. 4th DCA 1983).

— 787.01(a)(2) — 3 cases

Allen v. State, 137 So. 3d 946 (Fla. 2013). “Section 787.01(1)(a), Florida Statutes (2005), defines kidnapping as the follows: 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.”

Maxwell v. State, 803 So. 2d 815 (Fla. 5th DCA 2001).

Margaret A. Allen v. State of Florida (Fla. 2014).

— 787.01(l)(a) — 48 cases

Delgado v. State, 71 So. 3d 54 (Fla. 2011). “2008) (recognizing that "the plain text of section 787.01, Florida Statutes, could lead to potentially absurd results").”

& SC14-2278 Charles Grover Brant v. State of Florida & Charles Grover Brant v. Julie L. Jones, etc., 197 So. 3d 1051 (Fla. 2016). “Ineffective Assistance of Appellate Counsel for Failure to Challenge Denial of Motion to Dismiss Kidnapping Brant was charged in count three of the indictment with kidnapping by forcibly, secretly, or by threat, confining, abducting, or imprisoning the victim with the intent to…”

Davila v. State, 75 So. 3d 192 (Fla. 2011). “The conflict issue before us centers on whether a parent can lawfully be convicted of kidnapping his own child under section 787.01, Florida Statutes (2000). For the reasons expressed below, we approve the decision of the Third District in Davila to the extent that it held that…”

Conner v. State, 19 So. 3d 1117 (Fla. 2d DCA 2009). “(1997), and kidnapping, § 787.01, Fla. Stat. (1997). The trial court adjudged him to be guilty of both crimes and sentenced him to serve twenty-five years in prison on the attempted murder charge and life in prison on the kidnapping charge.”

— 787.01(l)(a)(2) — 11 cases

Aubrey Dennis Adams v. Louie L. Wainwright, & Jim Smith, 764 F.2d 1356 (11th Cir. 1985).

Kopsho v. State, 84 So. 3d 204 (Fla. 2012).

Delgado v. State, 71 So. 3d 54 (Fla. 2011). “2008) (recognizing that "the plain text of section 787.01, Florida Statutes, could lead to potentially absurd results").”

Kleppinger v. State, 81 So. 3d 547 (Fla. 2d DCA 2012).

— 787.01(l)(a)(2)(1985) — 1 case

Ferguson v. State, 519 So. 2d 747 (Fla. 4th DCA 1988).

— 787.01(l)(a)(3) — 8 cases

Kopsho v. State, 84 So. 3d 204 (Fla. 2012).

Miller v. State, 123 So. 3d 595 (Fla. 2d DCA 2013).

Stanley v. State, 112 So. 3d 718 (Fla. 2d DCA 2013).

State v. Lujan, 911 P.2d 562 (Ariz. Ct. App. 1995).

— 787.01(l)(a)(4) — 1 case

Knott v. State, 198 So. 3d 768 (Fla. 2d DCA 2016).

— 787.01(l)(a)(l) — 1 case

Enix v. State, 69 So. 3d 354 (Fla. 2d DCA 2011).

— 787.01(l)(b) — 4 cases

Delgado v. State, 71 So. 3d 54 (Fla. 2011). “2008) (recognizing that "the plain text of section 787.01, Florida Statutes, could lead to potentially absurd results").”

Bishop v. State, 46 So. 3d 75 (Fla. 5th DCA 2010).

State v. Davis, 668 So. 2d 323 (Fla. 3d DCA 1996).

— 787.01(l)(d) — 1 case

Graham v. State, 169 So. 3d 123 (Fla. 3d DCA 2015).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.