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Florida Statute 787.02 | Lawyer Caselaw & Research
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The 2024 Florida Statutes (including 2025 Special Session C)

Title XLVI
CRIMES
Chapter 787
KIDNAPPING; CUSTODY OFFENSES; HUMAN TRAFFICKING; AND RELATED OFFENSES
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F.S. 787.02
787.02 False imprisonment; false imprisonment of child under age 13, aggravating circumstances.
(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 1subparagraphs 1.-5., 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; or
6. A violation of s. 787.06(3)(g) 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.-5.
History.s. 43, sub-ch. 3, ch. 1637, 1868; RS 2399; GS 3225; RGS 5057; CGL 7159; s. 783, ch. 71-136; s. 23, ch. 74-383; s. 13, ch. 75-298; s. 1, ch. 84-238; s. 2, ch. 90-120; s. 1, ch. 93-156; ss. 2, 18, ch. 93-227; s. 9, ch. 96-322; s. 1814, ch. 97-102; s. 5, ch. 99-201; s. 3, ch. 2000-246; s. 19, ch. 2008-172; s. 20, ch. 2014-160; s. 95, ch. 2015-2.
1Note.Section 20, ch. 2014-160, added subparagraph 6. to paragraph (a) but did not revise the reference to subparagraphs 1.-5.
Note.Former s. 805.01.

F.S. 787.02 on Google Scholar

F.S. 787.02 on Casetext

Amendments to 787.02


Arrestable Offenses / Crimes under Fla. Stat. 787.02
Level: Degree
Misdemeanor/Felony: First/Second/Third

S787.02 1a - KIDNAP-FALSE IMPRISONMENT - ADULT - F: T
S787.02 1b - KIDNAP-FALSE IMPRISONMENT - CHILD UNDER 13 YEARS OF AGE - F: T
S787.02 2 - KIDNAP-FALSE IMPRISONMENT - REMOVED - F: T
S787.02 3a1 - KIDNAP-FALSE IMPRISONMENT - CHILD UNDER 13 YOA AND COMMIT AGGRAVATED ABUSE - F: F
S787.02 3a2 - KIDNAP-FALSE IMPRISONMENT - CHILD UNDER 13 YOA AND COMMIT SEXUAL BATTERY - F: F
S787.02 3a3 - KIDNAP-FALSE IMPRISONMENT - CHILD UNDR 13YOA LEWD LASC BAT MOLEST COND EXH - F: F
S787.02 3a4 - KIDNAP-FALSE IMPRISONMENT - CHILD UNDER 13 YOA FOR PROSTITUTION - F: F
S787.02 3a5 - KIDNAP-FALSE IMPRISONMENT - AND EXPLOIT CHILD UNDER 13 YOA - F: F



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