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Florida Statute 787.01 | Lawyer Caselaw & Research
F.S. 787.01 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 787
KIDNAPPING; CUSTODY OFFENSES; HUMAN TRAFFICKING; AND RELATED OFFENSES
View Entire Chapter
F.S. 787.01
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), 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.-5.
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.
Note.Former s. 805.02.

F.S. 787.01 on Google Scholar

F.S. 787.01 on Casetext

Amendments to 787.01


Arrestable Offenses / Crimes under Fla. Stat. 787.01
Level: Degree
Misdemeanor/Felony: First/Second/Third

S787.01 1a1 - KIDNAP MINOR FOR RANSOM - OR REWARD OR SHIELD OR HOSTAGE - F: F
S787.01 1a1 - KIDNAP ADULT FOR RANSOM - OR REWARD OR SHIELD OR HOSTAGE - F: F
S787.01 1a2 - KIDNAP - COMMIT OR FACILITATE COMMISSION OF FELONY - F: F
S787.01 1a3 - KIDNAP - INFLICT BODILY HARM OR TERRORIZE VICT OR OTHER - F: F
S787.01 1a4 - KIDNAP - INTERFERE W GOVERNMENT OR POLITICAL FUNCTION - F: F
S787.01 1b - KIDNAP MINOR - CONFINE CHILD UND 13 YOA WO CONSENT OF PARENT - F: F
S787.01 2 - KIDNAP - KIDNAP ANOTHER PERSON - F: F
S787.01 3a1 - KIDNAP MINOR - UNDER 13 YEARS OF AGE COMMIT AGGRAVATED ABUSE - F: L
S787.01 3a2 - KIDNAP MINOR TO SEXUALLY ASSLT - UNDER 13 YOA SEXUAL BATTERY - F: L
S787.01 3a3 - KIDNAP MINOR - UND 13 YOA LEWD LASCIVIOUS INDECENT ASSLT ACT - F: L
S787.01 3a4 - KIDNAP MINOR - UNDER 13 YOA AND FORCE INTO PROSTITUTION - F: L
S787.01 3a5 - KIDNAP MINOR - UNDER 13 YOA AND EXPLOIT OR ALLOW EXPLOITATION - F: L



Annotations, Discussions, Cases:

Cases from cite.case.law:

GLOSTON, v. STATE, 273 So. 3d 1108 (Fla. App. Ct. 2019)

. . . was charged with kidnapping with the intent to commit a felony, sexual battery, pursuant to section 787.01 . . .

JOHNSON, v. STATE, 263 So. 3d 74 (Fla. App. Ct. 2019)

. . . . §§ 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. . . .

IN RE AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE- REGULAR- CYCLE REPORT., 265 So. 3d 494 (Fla. 2018)

. . . 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 . . .

KEY, v. STATE, 254 So. 3d 1000 (Fla. App. Ct. 2018)

. . . See § 787.01(2), Fla. Stat. (1993). . . .

GRAVES, v. STATE, 248 So. 3d 1238 (Fla. App. Ct. 2018)

. . . 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 . . .

F. JOHNSON, v. STATE, 238 So. 3d 726 (Fla. 2018)

. . . . § 787.01(1)(a)2., Fla. Stat. (2010). . . .

UNITED STATES v. DESHAZIOR,, 882 F.3d 1352 (11th Cir. 2018)

. . . . §§ 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. . . .

KIRKMAN, v. STATE, 233 So. 3d 456 (Fla. 2018)

. . . See § 787.01(l)(a), Fla. Stat. (2005); Fla. Std. Jury Instr. (Crim.) 9.1. . . .

GLOVER, v. STATE, 237 So. 3d 405 (Fla. App. Ct. 2017)

. . . 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 . . .

RODRIGUEZ, v. STATE, 230 So. 3d 1249 (Fla. Dist. Ct. App. 2017)

. . . child under the age of 13, with aggravated child abuse and sexual battery, in violation of section 787.01 . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 211 So. 3d 995 (Fla. 2017)

. . . 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 . . .

SMITH, v. STATE, 211 So. 3d 176 (Fla. Dist. Ct. App. 2016)

. . . Kidnapping under s. 787.01 or false imprisonment under s. 787.02. 3. . . .

SOLOMON, III, v. STATE, 206 So.3d 822 (Fla. Dist. Ct. App. 2016)

. . . 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). . . .

GOSLING, v. STATE, 205 So. 3d 860 (Fla. Dist. Ct. App. 2016)

. . . statutes in this state or similar offenses in another jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01 . . .

MATHIS, v. STATE, 204 So.3d 104 (Fla. Dist. Ct. App. 2016)

. . . Kidnapping under s. 787.01 or false imprisonment under s. 787.02. 3. . . .

BICKING, III, v. STATE, 200 So. 3d 799 (Fla. Dist. Ct. App. 2016)

. . . section 794.011(8), Florida Statutes, and (Count 2) kidnapping with a weapon, in violation of sections . 787.01 . . .

BRANT, v. STATE v. L., 197 So. 3d 1051 (Fla. 2016)

. . . 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 . . .

SENGER, v. STATE, 200 So. 3d 137 (Fla. Dist. Ct. App. 2016)

. . . proscribed in the following statutes in this state or similar offenses in another jurisdiction: s. 787.01 . . .

WILLIAMS, v. STATE, 190 So. 3d 265 (Fla. Dist. Ct. App. 2016)

. . . .” § 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 . . .

UNITED STATES v. MARTINEZ- ROMERO, S. M., 817 F.3d 917 (5th Cir. 2016)

. . . 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 . . .

KNOTT, v. STATE, 198 So. 3d 768 (Fla. Dist. Ct. App. 2016)

. . . 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). . . .

WOODBERRY, v. STATE, 193 So. 3d 5 (Fla. Dist. Ct. App. 2016)

. . . . §§ 787.01(2), 810.02(2), 812.13(2)(a), Fla. Stat. (1990). Woodberry was convicted as a principal. . . .

C. HANF, v. STATE, 182 So. 3d 704 (Fla. Dist. Ct. App. 2015)

. . . aggravated child abuse, sexual battery, lewd or lascivious molestation, or other specified conduct (§ 787.01 . . .

NORDELO, v. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS,, 635 F. App'x 636 (11th Cir. 2015)

. . . . §§ 777.011, 787.01, 812.13. . . .

JACKSON, v. STATE, 175 So. 3d 368 (Fla. Dist. Ct. App. 2015)

. . . 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 . . .

DOE I, v. CITY OF PALM BAY,, 169 So. 3d 1211 (Fla. Dist. Ct. App. 2015)

. . . SEX-RELATED CRIME shall mean a violation of Sections 787.01, 787.02, or 787.025, Florida Statutes, where . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- INSTRUCTIONS AND, 167 So. 3d 443 (Fla. 2015)

. . . 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. . . .

BAPTISTE, v. STATE, 165 So. 3d 746 (Fla. Dist. Ct. App. 2015)

. . . citation error in the judgment to refer to the proper subsection of the kidnapping statute, section 787.01 . . .

SOMERS v. STATE, 162 So. 3d 1077 (Fla. Dist. Ct. App. 2015)

. . . 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 . . .

UNITED STATES v. FLORES- GRANADOS,, 783 F.3d 487 (4th Cir. 2015)

. . . . § 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. . . .

GRAHAM, v. STATE, 169 So. 3d 123 (Fla. Dist. Ct. App. 2015)

. . . 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 . . .

WILSON, v. STATE, 159 So. 3d 316 (Fla. Dist. Ct. App. 2015)

. . . Section 787.01(l)(a)(2), Florida Statutes (2010), defines the crime of kidnapping as “forcibly, secretly . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- INSTRUCTIONS AND, 156 So. 3d 495 (Fla. 2015)

. . . 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. . . .

BRUCE, v. STATE, 152 So. 3d 111 (Fla. Dist. Ct. App. 2014)

. . . written judgment erroneously cites Appellant’s aggravated battery conviction as a violation of section 787.01 . . .

RODRIGUEZ, v. STATE, 147 So. 3d 1066 (Fla. Dist. Ct. App. 2014)

. . . 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 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 152 So. 3d 475 (Fla. 2014)

. . . 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. . . .

D. SIMS, v. STATE, 141 So. 3d 613 (Fla. Dist. Ct. App. 2014)

. . . charged and convicted of kidnapping [without a firearm], a first-degree felony punishable by life, see § 787.01 . . .

MARSTON, v. STATE, 136 So. 3d 563 (Fla. 2014)

. . . Stat. (2008)), one count of kidnapping (§ 787.01(1)(a)2., Fla. . . .

CALHOUN, v. STATE, 138 So. 3d 349 (Fla. 2013)

. . . Calhoun was convicted of kidnapping pursuant to section 787.01(l)(a)2., Florida Statutes (2009). . . .

MILLER, v. STATE, 124 So. 3d 395 (Fla. Dist. Ct. App. 2013)

. . . 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 . . .

CASTRO, v. STATE, 122 So. 3d 912 (Fla. Dist. Ct. App. 2013)

. . . Kidnapping is defined in section 787.01(l)(a)2., Florida Statutes (2008), as “forcibly, secretly, or . . .

MILLER, v. STATE, 123 So. 3d 595 (Fla. Dist. Ct. App. 2013)

. . . conviction for kidnapping with the intent to terrorize or to inflict great bodily harm pursuant to section 787.01 . . .

A. ALLEN, v. STATE, 137 So. 3d 946 (Fla. 2013)

. . . .; 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). . . .

STANLEY, v. STATE, 112 So. 3d 718 (Fla. Dist. Ct. App. 2013)

. . . 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 . . .

ACOSTA, v. STATE, 103 So. 3d 234 (Fla. Dist. Ct. App. 2012)

. . . See also § 787.01(2), Fla. . . .

CARTER, v. STATE, 127 So. 3d 572 (Fla. Dist. Ct. App. 2012)

. . . See § 787.01(l)(a), Fla. Stat. (2001). . . .

WALKER, v. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS,, 495 F. App'x 13 (11th Cir. 2012)

. . . . § 787.01(l)(a)(3). . . .

E. LYNCH, v. SECRETARY, DEPARTMENT OF CORRECTIONS,, 897 F. Supp. 2d 1277 (M.D. Fla. 2012)

. . . The Supreme Court of Florida has construed the Florida kidnapping statute, Section 787.01(1)(a)(2), Florida . . .

GOSLING, v. STATE, 97 So. 3d 287 (Fla. Dist. Ct. App. 2012)

. . . 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 . . .

JONES, v. SECRETARY, DEPARTMENT OF CORRECTIONS,, 487 F. App'x 563 (11th Cir. 2012)

. . . . § 787.01(1). . . .

L. PERROT, v. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS,, 480 F. App'x 978 (11th Cir. 2012)

. . . . § 787.01(l)(a)(3), and four counts of sexual battery, id. § 794.011(3). . . .

UNITED STATES v. SCHNEIDER,, 681 F.3d 1273 (11th Cir. 2012)

. . . . §§ 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 . . .

ORUKOTAN, v. STATE, 85 So. 3d 542 (Fla. Dist. Ct. App. 2012)

. . . . § 787.01(l)(a) & (2), Fla. Stat. (2007). . . .

KOPSHO, v. STATE, 84 So. 3d 204 (Fla. 2012)

. . . 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 . . .

KLEPPINGER, v. STATE, 81 So. 3d 547 (Fla. Dist. Ct. App. 2012)

. . . . § 787.01(l)(a)(2), Fla. Stat. (Supp.1996). . . .

T. ARRINGTON, v. STATE, 113 So. 3d 20 (Fla. Dist. Ct. App. 2012)

. . . . §§ 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), . . .

ERLSTEN, v. STATE, 78 So. 3d 60 (Fla. Dist. Ct. App. 2012)

. . . In 1999, a jury convicted appellant of aggravated kidnapping in violation of section 787.01(3)(a), Florida . . .

MARSTON, v. STATE, 79 So. 3d 72 (Fla. Dist. Ct. App. 2011)

. . . See §§ 784.045(1)(a)(1); 787.01(l)(a)(2); 794.011(3); 812.13(1), (2)(c), Fla. Stat. (2007). . . .

BEVANS, a k a v. STATE, 75 So. 3d 345 (Fla. Dist. Ct. App. 2011)

. . . Bevans was convicted after trial on one count of kidnapping in violation of section 787.01(3)(a), Florida . . .

FRIAS, v. L. DEMINGS, 823 F. Supp. 2d 1279 (M.D. Fla. 2011)

. . . . § 787.01. Instead, the violation here was most likely "Interference with Custody.” Fla. . . .

DAVILA, v. STATE, 75 So. 3d 192 (Fla. 2011)

. . . 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, v. STATE, 69 So. 3d 354 (Fla. Dist. Ct. App. 2011)

. . . 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 . . .

TAI A. PHAM, v. STATE, 70 So. 3d 485 (Fla. 2011)

. . . . § 787.01(l)(a)2, § 775.087(1), § 775.087(2)(a)l„ Fla. . . .

FIKE, v. STATE, 63 So. 3d 847 (Fla. Dist. Ct. App. 2011)

. . . committed, or has pled nolo contendere or guilty to, regardless of adjudication, any violation of s. 787.01 . . .

DELGADO, v. STATE, 71 So. 3d 54 (Fla. 2011)

. . . 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. . . .

ROCA, v. STATE, 58 So. 3d 384 (Fla. Dist. Ct. App. 2011)

. . . See §§ 787.01(2), 794.023(2)(a), Fla. Stat. (1991); § 794.011(5), Fla. Stat. (Supp.1992). . . .

PERRY, v. STATE, 57 So. 3d 910 (Fla. Dist. Ct. App. 2011)

. . . 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. . . .

M. MALDONADO MELENDEZ, v. STATE, 51 So. 3d 624 (Fla. Dist. Ct. App. 2011)

. . . 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 . . .

MYLES, v. STATE, 54 So. 3d 509 (Fla. Dist. Ct. App. 2010)

. . . section 794.011(3) of the Florida Statutes (2001), kidnapping with a knife in violation of section 787.01 . . .

WISE, v. STATE, 48 So. 3d 203 (Fla. Dist. Ct. App. 2010)

. . . 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. . . .

VANWAGNER, v. STATE, 45 So. 3d 572 (Fla. Dist. Ct. App. 2010)

. . . 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. . . .

UNITED STATES v. SOTO- SANCHEZ,, 623 F.3d 317 (6th Cir. 2010)

. . . . § 787.01; Haw.Rev.Stat. § 707-720(1); Ind.Code § 35-42-3-2; Iowa Code § 710.1; Kan. Stat. . . .

BISHOP, v. STATE, 46 So. 3d 75 (Fla. Dist. Ct. App. 2010)

. . . . § 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. . . .

TINDALL, v. STATE, 45 So. 3d 799 (Fla. Dist. Ct. App. 2010)

. . . 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 . . .

W. MUNROE, v. STATE, 28 So. 3d 973 (Fla. Dist. Ct. App. 2010)

. . . proscribed in the following statutes in this state or similar offenses in another jurisdiction: s. 787.01 . . .

GALAVIS, v. STATE, 28 So. 3d 176 (Fla. Dist. Ct. App. 2010)

. . . Galavis was charged by information with attempted kidnapping in violation of sections 787.01 and 777.04 . . .

JACKSON, v. STATE, 29 So. 3d 1152 (Fla. Dist. Ct. App. 2010)

. . . See §§ 784.021, 787.01(l)(a)(3), 794.011(3), Fla. Stat. (1987). . . . Kidnapping is a first-degree felony. § 787.01(2). Mr. . . .

PITTMAN, v. STATE, 22 So. 3d 859 (Fla. Dist. Ct. App. 2009)

. . . deadly weapon in violation of section 794.011(3), and kidnapping with a weapon in violation of sections 787.01 . . .

KERR, v. H. HOLDER, Jr. U. S., 352 F. App'x 958 (5th Cir. 2009)

. . . of a parent or legal guardian under section 787.02(l)(b) is not a separate offense; rather, section 787.01 . . .

DAVILA, v. STATE, 26 So. 3d 5 (Fla. Dist. Ct. App. 2009)

. . . . § 787.01(2), (3), Fla. Stat. (2000). . . .

E. CONNER, a k a Jr. v. STATE, 19 So. 3d 1117 (Fla. Dist. Ct. App. 2009)

. . . 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 . . .

DELGADO, v. STATE, 19 So. 3d 1055 (Fla. Dist. Ct. App. 2009)

. . . Analysis Subparagraph 787.01(l)(a)2, Florida Statutes (2006), defines “kidnapping” to include “forcibly . . .

UNITED STATES v. DE JESUS VENTURA,, 565 F.3d 870 (D.C. Cir. 2009)

. . . . § 787.01(1); Haw.Rev.Stat. § 707-720(1); Ind.Code § 35-42-3-2; Iowa Code § 710.1; Kan. Stat. . . .

HAMILTON, v. STATE, 996 So. 2d 964 (Fla. Dist. Ct. App. 2008)

. . . could have imposed a life sentence on count IV even without habitual felony offender enhancement, see § 787.01 . . .

SIMS, v. STATE, 997 So. 2d 1166 (Fla. Dist. Ct. App. 2008)

. . . See §§ 775.087, 787.01(2), Fla. Stat. (1995). The crime date was October 15,1995. . . .

LYNCH, v. STATE v. A., 2 So. 3d 47 (Fla. 2008)

. . . 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 . . .

STATE v. LUMARQUE,, 990 So. 2d 1241 (Fla. Dist. Ct. App. 2008)

. . . 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)( . . .

DENHART, v. STATE, 987 So. 2d 1257 (Fla. Dist. Ct. App. 2008)

. . . committed, or has pled nolo contendere or guilty to, regardless of adjudication, any violation of s. 787.01 . . .

CABRERA, v. STATE, 988 So. 2d 1190 (Fla. Dist. Ct. App. 2008)

. . . 2003): The felony is a capital, life, or first-degree felony violation, or any attempt thereof, of s. 787.01 . . .

K. POSTELL, v. STATE, 971 So. 2d 986 (Fla. Dist. Ct. App. 2008)

. . . 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). . . . .

DIEZ, v. STATE, 970 So. 2d 931 (Fla. Dist. Ct. App. 2008)

. . . Kidnapping is defined in section 787.01(l)(a), Florida Statutes, in relevant part, as “forcibly, secretly . . .

D. MILLER, v. STATE, 971 So. 2d 951 (Fla. Dist. Ct. App. 2007)

. . . proscribed in the following statutes in this state or similar offenses in another jurisdiction: s. 787.01 . . .

F. WALKER, v. STATE, 965 So. 2d 189 (Fla. Dist. Ct. App. 2007)

. . . 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, . . .

DAVIS, v. STATE, 962 So. 2d 1035 (Fla. Dist. Ct. App. 2007)

. . . See § 787.01(2), Fla. Stat. (2003). . . .

JOHNSON, v. STATE, 969 So. 2d 938 (Fla. 2007)

. . . . § 787.01(l)(a), Fla. Stat. (2006). . . .

FIGUEROA, v. STATE, 956 So. 2d 1248 (Fla. Dist. Ct. App. 2007)

. . . .” § 787.01(2), Fla. Stat. (2004). . . . Figueroa was charged with kidnapping, § 787.01(2), Fla. . . .

LEDESMA, v. STATE, 958 So. 2d 477 (Fla. Dist. Ct. App. 2007)

. . . See § 787.01(2), Fla. Stat. (1989). . . .

UNITED STATES v. GONZALEZ- RAMIREZ,, 477 F.3d 310 (5th Cir. 2007)

. . . . § 787.01 (West Supp.2006); Haw.Rev.Stat. . . .

UNITED STATES v. GONZALEZ- PEREZ, a. k. a., 472 F.3d 1158 (9th Cir. 2007)

. . . . § 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 . . .

J. COLE, v. STATE, 942 So. 2d 1010 (Fla. Dist. Ct. App. 2006)

. . . 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 . . .