Florida/Georgia Personal Injury & Workers Compensation

...battery offenses, and a dozen driving offenses including some DUIs. As Rosales- 5 In Rosales-Bruno I, we applied the “modified categorical approach” to determine that Rosales-Bruno’s false imprisonment conviction under Florida Statute § 787.02 was not a “crime of violence” for guidelines purposes....

..., and against whom a final deportation order issued after October 30, 1996. See Galindo-Del Valle v. Attorney General, 213 F.3d 594, 596 (11th Cir.2000). Thus this case falls squarely within the amended Act. 5 . Brooks was convicted under Fla. Stat. § 787.02 , False Imprisonment, which is a crime of violence....

...the lesser included offense. [18] False imprisonment does not require specific intent. See State v. Sanborn, 533 So.2d 1169, 1170 (Fla.1988) (concluding that the general intent of false imprisonment is included in the specific intent of kidnapping). Section 787.02, Florida Statutes (1997), provides in pertinent part: (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....

...The perpetrator committed robbery under section 812.13 when he demanded the Victim’s money and rings and when he took the money she had withdrawn from her bank accounts. The perpetrator falsely imprisoned the Victim and her children pursuant to section 787.01, and violated section 787.02 by kidnapping the children. We cannot say that the non-sexual acts were “connected” to the sexual acts such that the non-sexual acts would not have occurred “but for” the sexual misconduct....

...Read only if Confinement of a child under the age of confinement thirteen (13) is against his will if such is alleged confinement is without the consent of his and child parent or legal guardian. is under thirteen years of age. *998 FALSE IMPRISONMENT F.S. 787.02 Before you can find the defendant guilty of false imprisonment, the state must prove the following three elements beyond a reasonable doubt: Elements 1....

...In this appeal, Rosales- Bruno claims that the district court erred by enhancing his sentence based on its finding that his prior conviction for false imprisonment under Florida law qualified as a conviction for a “crime of violence” under U.S.S.G. § 2L1.2(b)(1)(A)(ii). See Fla. Stat. § 787.02 (defining “false imprisonment” as “forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against her or his will”). Rosales-Bruno contends that, becau...

...rce against the person of another.” Id. The meaning of “physical force” is a question of federal law, not state law. Palomino Garcia, 606 F.3d at 1331. But, in determining whether a conviction for false imprisonment under Fla. Stat. § 787.02 is a “crime of violence” for sentencing enhancement purposes, we are bound by Florida courts’ determination and construction of the substantive elements of that state offense....

...at 1269; see also Molinos Valle Del Cibao, C. por A. v. Lama, 633 F.3d 1330, 1348 (11th Cir. 2011) (affording Johnson deference to states’ intermediate 1 In Brooks v. Ashcroft, we stated in dicta that the defendant “was convicted under Fla. Stat. § 787.02, False Imprisonment, which is a crime of violence.” 283 F.3d 1268, 1273 n.5 (11th Cir....

...at 1272 (“[T]he term ‘physical force’ itself normally connotes force strong enough to constitute ‘power’—and all the more so when it is contained in a definition of ‘violent felony.’”). Against this backdrop, we look to Florida case law to determine whether a conviction under § 787.02 necessarily involves the employment of “physical force” as that term is defined by federal law. U.S.S.G. § 2L1.2 cmt. n.1(B)(iii). Section 787.02 requires that “some amount of force” be used....

...(noting that the state must prove, among other things, that a “defendant forcibly restrained the victim against her will”). However, the force need not be “substantial.” Id. And, though that appears to be a fine distinction, case law since Proko makes clear that a § 787.02 offense can be committed without employing the type of “physical force” 6 contemplated in the Guidelines. Specifically, Florida jurisprudence indicates that “the statutory elements...

...3d 889, 891 (Fla. Dist. Ct. App. 2011) (stating that false imprisonment does not “necessarily involve[] an intentional, unlawful threat by word or act to do violence to another”); Davis v. State, 20 So. 3d 1024, 1025 (Fla. Dist. Ct. App. 2009) (construing § 787.02 to permit false imprisonment to “be accomplished by physical force, but also in other ways” (emphasis added)); Mosquera v....

...d by the government—the information and judgment—were insufficient by themselves to support a finding that Rosales- Bruno’s conviction for false imprisonment was a “crime of violence.” Essentially, both documents recited the elements of § 787.02, an offense which we have already concluded is not categorically a “crime of violence.” The government urges us to read together all of the charges contained in the information and judgment to infer a “crime of violence.” W...

...Bruno “necessarily” committed a “crime of violence” by pleading guilty to false imprisonment under Florida law. See Shepard, 544 U.S. at 21, 125 S. Ct. at 1260. As a result of our conclusion that it was error to find Rosales-Bruno’s prior conviction under § 787.02 was a “crime of violence” under U.S.S.G. 2L1.2(b)(1)(A), we vacate Rosales-Bruno’s sentence....

...s to remand to the trial court for proceedings not inconsistent with this opinion. It is so ordered. ADKINS, BOYD, OVERTON and ENGLAND, JJ., concur. NOTES [1] Effective October 1, 1975, Florida's false imprisonment statute was substantially revised. § 787.02, Fla....

...790.15 - 784.08(2)(d) Assault - 784.011 784.08(2)(c) Battery on person Battery - 784.03 Attempt 65 years of age or older 784.08(2)(d) Assault on person Assault - 784.011 Attempt 65 years of age or older 787.01 Kidnapping False Attempt imprisonment - 787.02 Aggravated assault - 784.021(1)(b) Battery - 784.03(1)(a) Assault - 784.011 787.02 False None Attempt imprisonment Battery - 784.03(1)(a) Assault - 784.011 790.01(1) Carrying concealed None Attempt weapons 790.01(2) Carrying concealed None Attempt firearms 790.06 Carrying pistol None Attempt or repeating rifle without first...

...elements of the charge have been proved. Note to This instruction should be given only if there is some evidence of Judge the defendant's lack of predisposition to commit the crime. See Munoz v. State, 629 So.2d 90 (Fla. 1993). FALSE IMPRISONMENT F.S. 787.02 Before you can find the defendant guilty of False Imprisonment, the State must prove the following threetwo elements beyond a reasonable doubt: Elements 1....

...inadmissible to the United States because he was “convicted of . . . a crime involving moral turpitude” under § 212(a)(2)(A)(i)(I) of the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1182(a)(2)(A)(i)(I), due to his conviction for false imprisonment under § 787.02, Florida Statutes. I....

...me involving moral turpitude. See Jaggernauth, 432 F.3d at 1355 (citing Matter of Short, 20 I. & N. Dec. 136, 139 (BIA 1989)). In this case, the count charging Sanchez Fajardo with false imprisonment merely tracked the general language of § 787.02(1)(a), Fla....

...Though not exacting in its details, the proposed amendment appears to assert a cause of action for false imprisonment. False arrest and false imprisonment are closely related, but false imprisonment is a broader common law tort; false arrest is only one of several methods of committing false imprisonment. See § 787.02(1)(a), Fla....

...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. The pertinent parts of section 787.02, Florida Statutes (1987), concerning false imprisonment similarly provide: (1)(a) The term "false imprisonment" means forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against his will with any purpose other than those referred to in s....

...of the crime of kidnapping and require those instructions be given. See Fla.Std. Jury Instr. (Crim.) at 260. Accord Cabe v. State, 408 So.2d 694 (Fla. 1st DCA 1982), review denied, 435 So.2d 821 (Fla. 1983). A comparison of sections 787.01(1)(a) and 787.02(1)(a) reveals they are identical except for the question of intent. We find the general intent of section 787.02(1)(a)(false imprisonment) is included in the specific intent of section 787.01(1)(a)(kidnapping), consequently false imprisonment is a necessarily lesser included offense....

...nd the convictions in the instant case, robbery and false imprisonment. Although Smith did not object below to this error, the error is fundamental. Smith, 785 So.2d at 626 (citation omitted). The respondent was convicted of false imprisonment under section 787.02(1)(a), Florida Statutes (1997), and robbery under section 812.13, Florida Statutes (1997). Section 787.02(1)(a) defines false imprisonment as forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against her or his will....

...However, the rationale of Faison is that the conduct element of section 787.01(1)(a)—"confining, abducting, or imprisoning another person against his will"—must be limited to avoid a broad construction that would doubly criminalize the same conduct. Berry, 668 So.2d at 969. The false imprisonment statute, section 787.02(1)(a), Florida Statutes (1995), contains a conduct element similar to that of kidnapping; without any limitation it might apply in almost every forcible felony....

...United States, 284 U.S. 299, 52 S.Ct. 180, 76 L.Ed. 306 (1932), codified in section 775.021, reveals that the Double Jeopardy Clause is not violated because the statutory elements of false imprisonment are different from the elements of robbery. Compare § 787.02, Fla....

...False imprisonment is a separate offense from robbery. [3] This Court recognized the difference between the crimes of kidnapping and false imprisonment in State v. Sanborn, 533 So.2d 1169, 1170 (Fla.1988). A comparison of sections 787.01(1)(a) and 787.02(1)(a) reveals they are identical except for the question of intent. We find the general intent of section 787.02(1)(a) (false imprisonment) is included in the specific intent of section 787.01(1)(a) (kidnapping), consequently false imprisonment is a necessarily lesser included offense....

...We find that the evidence of forcible restraint was sufficient to present a jury question on that issue and that the state was not required to allege or prove that the unlawful restraint was committed with specific intent. Appellant was convicted of violating section 787.02(1)(a), Florida Statutes (1989), which provides as follows: The term "false imprisonment" means forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against his will with any purpose other than those referred to in s....

...2d DCA 1983) (disputed facts on whether restraint or confinement occurred should have been presented to the jury); Jane v. State, 362 So.2d 1005 (Fla. 4th DCA 1978) (holding victim in a bear hug was sufficient evidence of false imprisonment). On the issue of intent, there are conflicting interpretations of section 787.02(1)(a), Florida Statutes (1989)....

...In the present case, Neal was convicted of two counts of false imprisonment. False imprisonment is defined as "forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against his will." § 787.02(1)(a), Fla....

...under section 810.02(2), Florida Statutes (1995)(first degree burglary), and battery under section 784.03, Florida Statutes (1995). For the Bloch episode, he was charged with battery, burglary with an assault or battery, and false imprisonment under section 787.02(1)(a), Florida Statutes (1995)....

...However, the rationale of Faison is that the conduct element of section 787.01(1)(a)—"confining, abducting, or imprisoning another person against his will"—must be limited to avoid a broad construction that would doubly criminalize the same conduct. Berry, 668 So.2d at 969. The false imprisonment statute, section 787.02(1)(a), Florida Statutes (1995), contains a conduct element similar to that of kidnapping; without any limitation it might apply in almost every forcible felony....

...his guilty plea. We conclude that the trial court erred in denying Setzer's motion to withdraw his guilty plea without holding an evidentiary hearing and, therefore, reverse. Appellant was charged with committing the offenses of false imprisonment, § 787.02, Fla....

...Faison; Hrindich. REVERSED and REMANDED for a new trial with instructions to the trial court to enter an order granting the judgment of acquittal on the charge of false imprisonment. COWART and HARRIS, JJ., concur. NOTES [1] § 794.011(5), Fla. Stat. (1987). [2] § 787.02(1)(a), Fla....

...ted utterance (section 90.803(2)) exceptions to the hearsay rule. [5] We are aware that like Cooper, the other two witnesses testified prior to the victim, however no objection was made to their testimony. [6] § 787.01(1)(a), Fla. Stat. (1987). [7] § 787.02(1)(a), Fla....

...State, 666 So.2d 995 (Fla. 5th DCA 1996). We agree with the state's main contention that the court did not err in instructing the jury, because the false imprisonment instruction it gave was complete and accurate in setting forth the elements of false imprisonment. Section 787.02, Florida Statute (1995) defines false imprisonment as follows: (1)(a) The term "false imprisonment" means forcibly by threat, or secretly confining, abducting, imprisoning, or restraining, another person without lawful authority and against his will....

...imprisonment" means forcibly by threat, or secretly confining, abducting, imprisoning, or restraining, another person without lawful authority and against his will with any purpose other than those referred to in s. 787.01. (emphasis supplied). See § 787.02, Fla.Stat....

...However, under the new version of the statute, it is no longer necessary for the state to prove, as an element of the crime of false imprisonment, that the defendant acted for a purpose other than any of the purposes listed in the kidnapping statute. Section 787.02, as amended, is purely a general intent statute with no requirement that the state prove a negative specific intent....

...Although he raises several constitutional arguments, we find merit only in his contention that the statute violates equal protection in classifying him as a "sexual offender," when he was not convicted of an offense involving any sexual component. In 1997 appellant pled no contest to a charge of false imprisonment under section 787.02, Florida Statutes....

...The original version described "sex offender" as a person who had been: convicted of committing, or attempting, soliciting, or conspiring to commit, any of the criminal offenses proscribed in the following statutes in this state or analogous offenses in another jurisdiction: s. 787.025 [luring or enticing a child], Chapter 794 [sexual battery], s....

...signated from a former statute number to one of those listed in this subparagraph. In 1998 the legislature amended section 943.0435(1)(a), modifying the definition of "sexual offender" to include kidnaping and false imprisonment, sections 787.01 and 787.02 respectively, where the victim is a minor and the defendant is not the victim's parent....

...Without question, the state has an interest in protecting the public from sexual offenders. Ch.2000-246, § 3 Laws of Fla. And the designation of a person as a sexual offender is rationally related to that goal where an accused has been convicted of false imprisonment under section 787.02(3)(a) 2., 3., or 4., which proscribes false imprisonment of a child under 13 when committed along with an enumerated sexual offense. However, where an accused is convicted of false imprisonment under sections 787.02(1)(a) and/or (b) and it is clear that the predicate crime is totally devoid of a sexual component, such rational basis is lost....

...der" means a person who has been: 1. Convicted of committing, or attempting, soliciting, or conspiring to commit, any of the criminal offenses proscribed in the following statutes in this state or similar offenses in another jurisdiction: s. 787.01, s. 787.02, or s. 787.025, where the victim is a minor and the defendant is not the victim's parent; chapter 794, excluding ss....

...794.011(10) and 794.0235; s. 796.03; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135; s. 847.0145; or any similar offense committed in this state which has been redesignated from a former statute number to one of those listed in this subparagraph. [2] Section 787.02 provides: (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....

...We affirm the judgment of conviction for kidnapping Katrina, and the resulting sentence. Affirmed in part; reversed in part. NOTES [1] We note that the trial judge decided this case without having been apprised of Badalich as neither the state nor the defense cited it at trial. [2] Section 787.02, Florida Statutes, provides in pertinent part: "False imprisonment — ......

...Gen., Tallahassee, and Robert L. Bogen, Asst. Atty. Gen., West Palm Beach, for appellee. PER CURIAM. This cause is before us on direct appeal from a final judgment of the Circuit Court of Orange County, inherently upholding the constitutionality of Section 787.02, Florida Statutes (1975)....

...We have jurisdiction pursuant to Article V, Section 3(b)(1), Florida Constitution. Harrell's Candy Kitchen, Inc. v. Sarasota-Manatee Airport Authority, 111 So.2d 439 (Fla. 1959). Appellant was charged in a three count information with two counts of false imprisonment in violation of Section 787.02, Florida Statutes (1975), and one count of solicitation to commit prostitution or lewdness contrary to Section 796.07(3)(b), Florida Statutes (1975)....

...3.190(c)(4), alleging that there were no material disputed facts and the undisputed facts did not establish a prima facie case on any of the three counts. The final motion to dismiss filed by appellant was directed solely to the counts charging false imprisonment and alleged that Section 787.02, Florida Statutes (1975), is facially unconstitutional in that it is vague, indefinite and ambiguous. The trial court, following a hearing on the motions, entered an order denying all three motions, thus inherently upholding the constitutionality of Section 787.02, Florida Statutes (1975). The appellant thereafter pled nolo contendere to all three counts and was adjudicated guilty of each. On appeal, appellant assigns as error the trial court's denial of his motions to dismiss. Section 787.02, Florida Statutes (1975), provides: "(1)(a) `False imprisonment' means forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against his will with any purpose other than those referred to in § 787.01....

...[A] statute which either forbids or requires the doing of an act in terms so vague that men of common intelligence must necessarily guess at its meaning and differ as to its application violates the first essential of due process of law." From an examination of Section 787.02, Florida Statutes (1975), we hold that the wording of the statute is sufficiently explicit to inform those who are subject to its provisions what conduct on their part will render them liable to its penalties. More specifically, we find that subsection (1)(a) of Section 787.02, Florida Statutes (1975), is not "so vague that men of common intelligence must necessarily guess at its meaning and differ as to its application." A reading of subsection (1)(a) clearly indicates that it is written in the disjunctive...

...n Faison v. State, 426 So.2d 963 (Fla. 1983). Concluding that Faison is inapplicable to the circumstances presented in this case, we affirm. The appellant was charged by information with false imprisonment and simple battery in violation of Sections 787.02 and 784.03, Florida Statutes....

...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. Section 787.02(1)(a) defines false imprisonment in this manner: The term "false imprisonment" means forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against his will with any purpose other than those referred to in s....

....087(2)(a)(1)(g), Florida Statutes (2000); a consecutive 21 months for false imprisonment with a firearm (to commence after the 13 years of minimum mandatory sentences for aggravated assault with a firearm and aggravated battery with a firearm), per Section 787.02(2), Florida Statutes (2000), and 3 year sentences, both of which were suspended, on the two battery counts....

...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. The false imprisonment statute, section 787.02, Florida Statutes (1987), provides, in part: (1)(a) The term "false imprisonment" means forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against his will with any purpose other than those referred to in s....

...Sanborn, 533 So.2d 1169, 1170 (Fla.1988)(kidnapping and false imprisonment are identical except for the question of intent). Thus, proof of the elements of the kidnapping statute, under Sanborn, constitutes proof of the elements of false imprisonment. See Perez v. State, 566 So.2d 881, 883 (Fla. 3d DCA 1990); § 787.02, Fla....

...e safe. The jury was free to believe this testimony (as it apparently did), and also to determine such detention of the victim went beyond acts incidental to the robbery. See Perez v. State 566 So.2d 881 (Fla. 3d DCA 1990). I would affirm. NOTES [1] Section 787.02, Florida Statutes (1995) defines "false imprisonment" as "forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against her or his will."

...Regarding the charge of false imprisonment, appellant contends that the evidence was insufficient to convict him of that crime because there was no proof of restraint by threat or in a secret manner. It is appellant's view that, since the statute defining false imprisonment, Section 787.02(1)(a), Florida Statutes (1977), provides: "`False imprisonment' means forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against his will with any purpose othe...

...nt must have been imposed by threat or in a secret manner. We reject appellant's contention upon authority of Brunelle v. State, 360 So.2d 70, Florida Supreme Court opinion filed May 26, 1978, wherein the court said: "A reading of subsection (1)(a) [787.021(1)(a)] clearly indicates that it is written in the disjunctive with adverbs `forcibly,' `threat' and `secretly' all being intended to modify the verbs `confining,' `abducting,' `imprisoning' and `restraining'....

...False imprisonment is a lesser-included offense of kidnapping. "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." § 787.02(1)(a), Fla....

...We additionally conclude that there was sufficient evidence to support the defendant's conviction for false imprisonment based upon the victim's mother's testimony that she was ordered at gunpoint by one of the armed assailants to go to her bedroom. *572 See § 787.02(1)(a), Fla....

...The jury instruction delivered by the court read: Before you can find the Defendant guilty of False Imprisonment, the State must prove the following two elements beyond a reasonable doubt: 1. Defendant forcibly, secretly or by threat, restrained Pamela Tierney against her will. 2. Defendant had no lawful authority. Section 787.02, Florida Statutes (1985) requires, and the standard jury instruction on false imprisonment clearly delineates, a third element that distinguishes the crime of false imprisonment from the crime of kidnapping....

...This third element was crucial to the facts in the case against appellant because the evidence may support a finding by the jury that the perpetrator handcuffed the victim for the purpose of facilitating the sexual battery or other felony. As such, by the clear language of section 787.02 and the standard instruction, appellant could not be guilty of false imprisonment if the only purpose of the restraint was to commit or to facilitate the commission of a felony....

...A motion to dismiss under rule 3.190(c)(4) should be granted only where the most favorable construction to the state would not establish a prima facie case of guilt. State v. Smith, 348 So.2d 637, 638 (Fla. 2d DCA 1977); State v. Swoveland, 413 So.2d 166 (Fla. 2d DCA 1982). Section 787.02(1)(a), Florida Statutes (1981), defines false imprisonment as "forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against his will with any purpose other than...

...offense of false imprisonment. § 924.34, Fla. Stat. (2004). "False imprisonment" is defined as "forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against her or his will." § 787.02(1)(a), Fla....

...The other issues raised by Michaud are without merit. AFFIRMED, in part; REVERSED in part; REMANDED. MONACO, C.J. and COHEN, J., concur. NOTES [1] § 784.045(1)(a)2, Fla. Stat. (2008). [2] §§ 784.021(1)(a) and 775.087(2)(a)1., Fla. Stat. (2008). [3] § 787.02, Fla....

...Pursuant to the habitual offender statute, [1] the defendant was sentenced on one count (burglary of a dwelling while armed, § 810.02(2)(b), Fla. Stat.) to 60 years imprisonment. Consecutive to the 60 year sentence, the defendant was sentenced on two other counts (false imprisonment, § 787.02(2), Fla....

case law to determine whether a conviction under § 787.02 necessarily involves the employment of ‘physical

...NOTES [1] § 794.011(4), Fla. Stat. (1995). [2] § 794.023, Fla. Stat. (1995). [3] § 794.011(4); 777.011, Fla. Stat. (1995). [4] Mr. Cuevas has not challenged his judgment and sentence entered on count III, relating to the crime of false imprisonment, section 787.02, Florida Statutes (1995)....

...risonment or interference with the lawful custody of that child. Count one of the state's amended information charged the appellee, Michael Badalich, with false imprisonment of Nancy Marie Badalich, a child under the age of thirteen, in violation of section 787.02, Florida Statutes (Supp....

...parentage. The trial court granted the motion and explained its rationale in a detailed order, which provides in pertinent part: ISSUES I. BASED ON THE FACTS OF THIS CASE, IS THERE A LEGAL BASIS TO CHARGE THE DEFENDANT WITH A VIOLATION OF FLA. STAT. 787.02, FALSE IMPRISONMENT, and FLA....

...The Court does not condone the behavior of the Defendant. The Court simply finds that the appropriate remedy is in the Civil Court and not in the Criminal Court. We have no problem in agreeing with the trial court's dismissal of the false imprisonment charge. This is so because section 787.02(1)(b) clearly requires that the confinement contemplated by this charge must be without the consent of the child's "parent or legal guardian." (Emphasis added.) It does not say both parents must consent....

...Therefore, the lower court erred in dismissing count two of the state's amended information which charged the appellee with the misdemeanor offense of interference with custody. AFFIRMED in part; REVERSED in part; and REMANDED for further proceedings consistent with this opinion. UPCHURCH and COWART, JJ., concur. NOTES [1] Section 787.02, Florida Statutes, reads as follows: False imprisonment....

...Brummer, Public Defender and Stuart Gitlitz, Special Asst. Public Defender, for appellee. Before HENDRY, NESBITT and BASKIN, JJ. PER CURIAM. The state appeals from an order of the trial court dismissing an information filed against the defendant which charged him with false imprisonment in violation of section 787.02, Florida Statutes (1979)....

...inement of the child was without the consent of her parent or legal guardian. We find no merit to Defendant's other arguments and affirm his convictions on the following charges: (1) luring or enticing a child under the age of twelve in violation of section 787.025, Florida Statutes (2006); (2) child abuse in violation of section 827.03(1)(b), Florida Statutes (2006); and (3) lewd or lascivious molestation—offender eighteen or older, victim twelve or younger in violation of section 800.04(5)(b), Florida Statutes (2006)....

...ission of the crime."); see, e.g., Alvarez v. State, 963 So.2d 757, 764-65 (Fla. 3d DCA 2007) (holding it was fundamental error to convict the defendant of the crime of carjacking when the victim was unaware of the theft—an element of the offense). Section 787.02(1)(a), Florida Statutes (2006) defines false imprisonment as "forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against her or his will." If the confinement is of a child under age thirteen, then it is against her or his will if it is "without the consent of her or his parent or legal guardian." Section 787.02(b), Fla....

...reated relationship between the child and caregiver which is intended to be permanent and self-sustaining and is provided pursuant to the procedures in chapter 744.'" Our analysis of the issue and the result reached are constrained by the wording of section 787.02(3)(a), Florida Statutes (2006)....

...ll. Because the State failed to prove an essential element of the crime, it was fundamental error to convict Defendant of aggravated false imprisonment. Accordingly, we reverse Defendant's conviction for aggravated false imprisonment in violation of section 787.02(3)(a), Florida Statutes (2006)....

...Gen., West Palm Beach, for appellee. BERANEK, Judge. Defendants were convicted of (1) burglary of a dwelling with intent to commit robbery and in the course thereof committing an assault, (2) robbery with a dangerous weapon, and (3) false imprisonment under Section 787.02, Florida Statutes (1977)....

...Jim Smith, Atty. Gen., and Raymond L. Marky, Asst. Atty. Gen., Tallahassee, for appellee. PER CURIAM. Appellant seeks review of a judgment of conviction and sentence based upon a jury verdict finding him guilty of the crime of false imprisonment. See Section 787.02, Fla....

...4th DCA 1996) (order committing juvenile to Level 8 program for indeterminate period of time was improper and should have specified a commitment for one year, the maximum allowable sentence for his misdemeanor). The pertinent statute governing false imprisonment states: 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 § 787.02(1)(a), Fla....

...t of forcibly confining or restraining the victim without lawful authority and against her will. Pursuant to section 777.011, Florida Statutes (1997), T.B.'s acts constitute aiding and abetting the commission of the crime of false imprisonment under section 787.02(1)(a), Florida Statutes (1997)....

...; Jones v. State, 648 So.2d 1210 (Fla. 4th DCA 1995). The parties agree that the written juvenile disposition order must be corrected. [1] False imprisonment is a third-degree felony "punishable by a term of imprisonment not exceeding five years." §§ 787.02(2) & 775.082(3)(d), Fla....

...da Statutes (2008); lewd or lascivious molestation, in violation of section 800.04(5)(c)1, Florida Statutes (2008); lewd or lascivious exhibition, in violation of section 800.04(7)(c), Florida Statutes (2008); and false imprisonment, in violation of section 787.02(1)(b), Florida Statutes (2008)....

...nt to commit the felony *776 of grand theft. [3] It is entirely possible that the defendant had no intent to steal his victim's car when he first bound and gagged her. Arguably, the offense may have been only false imprisonment at its inception. See § 787.02, Fla....

...On August 28, 2008, Munroe pleaded no contest to failure to register as a sexual offender in the Sixth Judicial Circuit, Pasco County. See § 943.0435(9), Fla. Stat. (2007). He was designated a sexual offender because he had been convicted of false imprisonment in the Seventeenth Judicial Circuit, Broward County. See § 787.02, Fla....

...graph d., as follows: a.(I) Has been convicted of committing, or attempting, soliciting, or conspiring to commit, any of the criminal offenses proscribed in the following statutes in this state or similar offenses in another jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c), where the victim is a minor and the defendant is not the victim's parent or guardian; s....

...Graham, III, with the offense of false imprisonment. We reverse. The state filed an information which alleged in pertinent part that appellee did forcibly, by threat, or secretly confine, abduct, imprison, or restrain one Sharon Gray *271 against her will. The information also set forth section 787.02, Florida Statutes (1983), as the applicable statute number....

...The trial court granted appellee's motion to dismiss the information on the ground that false imprisonment is a specific intent crime and the information failed to allege the purpose for which the crime had been committed. The false imprisonment statute provides in part as follows: 787.02 False imprisonment....

...le. We realize this opinion is in conflict with Walker, supra ; Spaziano, supra (as modified by Tobey ). AFFIRMED. COBB and COWART, JJ., concur. NOTES [1] § 782.04(2), Fla. Stat. (1985). Rojas was also convicted of two counts of false imprisonment. § 787.02(1)(a), Fla....

...cannot conclude that the evidence supports a finding that the husband “forcibly, by threat, or secretly confin[ed], abduct[ed], imprison[ed], or 2 restrain[ed his wife] without lawful authority and against her . . . will.” § 787.02(1)(a), Fla....

...ty on the battery charge is reversed, and the cause is remanded with directions to vacate the judgment and sentence on the battery charge. Affirmed in part; reversed in part, with directions. SCHOONOVER, A.C.J., and ALTENBERND, J., concur. NOTES [1] Section 787.02(1)(a), Florida Statutes (1991), provides: `False imprisonment' means forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against his will with any purpose other than those referred to in § 787.01....

...tory elements of the offense); Sinclair v. State, 973 So.2d 665, 665 (Fla. 3d DCA 2008) (reversing sentence and remanding for resentencing because false imprisonment is not enumerated in subsection 775.082(9)(a)1., Florida Statutes (2004)); see also § 787.02(1)(a), Fla....

lawful authority and against her or his will.” § 787.02(l)(a), Fla. Stat. (2011). The trial court correctly

...State, 785 So.2d 623 (Fla. 5th DCA 2001), review granted, 807 So.2d 655 (Fla.2002), and Perez v. State, 566 So.2d 881 (Fla. 3d DCA 1990), argues that he did not commit the offense of false imprisonment, because the victim was never confined or restrained, as required by section 787.02(1), Florida Statutes (1999), [1] and under Faison v....

...Until 1993, the statute was the same as the current version quoted in footnote 1, but it included at the end of the provision this additional language: "with any purpose other than those referred to in s. 787.01," which is the kidnaping statute. Accordingly, section 787.02(1) expressly excluded the offense of confinement with intent to commit a felony under the kidnaping statute set out in section 787.01, which was the provision the court was construing in Faison....

...Nonetheless, we are not required to decide whether the Faison test is applicable because, as in Perez, appellant's conviction is sustainable even under the stringent Faison analysis. AFFIRMED. ERVIN, BARFIELD and VAN NORTWICK, JJ., concur. NOTES [1] In proscribing false imprisonment, section 787.02(1) provides: "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." [2] § 787.01(1)(a)(2), Fla....

...We observe, however, that the guidelines scoresheet for the defendant recommended a sentencing range of 17 to 22 years. Defendant was convicted of two third degree felonies, each of which ordinarily carries a five year penalty. See §§ 794.011(5) & 777.04(4)(c), Fla. Stat. (1987) (attempted sexual battery); Id. § 787.02 (false imprisonment)....

...To establish the crime of false imprisonment, the state is required to prove two elements beyond a reasonable doubt: (1) the defendant forcibly, secretly, or by threat confined, abducted, imprisoned or restrained the victim against his or her will; and (2) the defendant had no lawful authority to do so. § 787.02(1)(a), Fla....

a sexual battery or lewd act); c. section 787.02(3)(a)2. or (3)(a)3., Florida Statutes, (false

imprisonment. The evidence supports the lesser crime. See § 787.02(l)(a) (defining false imprisonment as “forcibly

...The Supreme Court's construction of section 775.087(1) in State v. Rodriguez, 602 So.2d 1270 (Fla.1992), compels reversal. Grand theft and false imprisonment are typically charged as third-degree felonies. See § 812.014(2)(c), Fla. Stat. (2008) (grand theft); § 787.02(2), Fla....

...4th DCA 2011). Affirmed in part, reversed in part and remanded. HAZOURI and CIKLIN, JJ., concur. NOTES [1] §§ 775.082(2)(a)1., 812.13(1), (2)(a), Fla. Stat. (2008). [2] §§ 775.087(1), 812.014(1), (2)(c), Fla. Stat. (2008). [3] §§ 775.087(1), 787.02(2), Fla....

...Plaintiff was, therefore, found to have resisted, obstructed or opposed Defendant Schramm in the lawful execution of Defendant Schramm's legal duty. Because resisting a police officer is unlawful conduct, such conduct provides probable cause for an arrest. Additionally, pursuant to § 787.02, Fla.Stat....

443] , and 2017. 9.2 FALSE IMPRISONMENT § 787.02, Fla. Stat. To prove the crime of False Imprisonment

false imprisonment, a third-degree felony, see § 787.02(2), Fla. Stat. (2005). A CPC scoresheet was prepared

this crime are as follows. FALSE IMPRISONMENT F.S. 787.02 Before you can find the defendant guilty of False

(2008); and false imprisonment, in violation of section 787.02(l)(b), Florida Statutes (2008). The trial court

...e. Some of the more significant changes to the standard jury instructions are as follows. With respect to instructions 9.1 and 9.2, amongst other changes, the instructions are amended to include the enhancement in sections 787.01(3)(a) and 787.02(3)(a), Florida Statutes (2013), respectively, which enhances the offense of kidnapping or false imprisonment from a first-degree felony punishable by life to a life felony if the victim was less than thirteen years of age and the defendant...

...-6-  Lesser Included Offenses KIDNAPPING — 787.01 CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. False imprisonment 787.02 9.2 Attempt 777.04(1) 5.1 Aggravated assault 784.021 8.2 Battery 784.03 8.3...

...kidnapping his or her own child. See Davila v. State, 75 So. 3d 192 (Fla. 2011). This instruction was adopted in 1981 and amended in 1985 [477 So. 2d 985] and 2014. 9.2 FALSE IMPRISONMENT § 787.02, Fla._Stat. To prove the crime of False Imprisonment, the State must prove the following two elements beyond a reasonable doubt: 1....

...ild victim is under 13 years of age. Confinement of a child under the age of 13 is against [his] [her] the child’s will if such confinement is without the consent of [his] [her] the child’s parent or legal guardian. If a violation of § 787.02(3), Fla....

...a Prostitute upon (victim)] [an Exploitation of a Child upon (victim)]. Define applicable felony unless included in other instructions. Lesser Included Offenses FALSE IMPRISONMENT — 787.02 CATEGORY ONE CATEGORY TWO FLA....

nolle prossed by the State. • • . Pursuant to section 787.02(2), Florida Statutes (2008), false imprisonment

guilty to false imprisonment in violation of section 787.02, Florida Statutes (1985). The state alleged

false imprisonment and molestation charges. Section 787.02(l)(a), Florida Statutes (2005), defines “false

lawful authority and against her or his will.” § 787.02(l)(a), Fla. Stat. (2004) (emphasis added). In

of the seriousness of other sentences. . Section 787.02, Florida Statutes (1991). . Eutsey v. State

political function. The pertinent parts of section 787.02, Florida Statutes (1987), concerning false

(2013), false imprisonment, in violation of section 787.02, Florida Statutes (2013), and stalking, in

State, 332 So.2d 351 (Fla. 4th DCA 1970); Section 787.02(1)(a), Florida Statutes (1977); Rule 3.190

offense, which therefore is a third degree felony. § 787.02(2), Fla. Stat. (1987). Because appellant was also

...but the timing 4 suggests that it may have been the 1982 armed robbery and kidnapping. His judgment says he pleaded nolo contendere to “the lesser included offense of false imprisonment,” Fla. Stat. 787.02(1)(a), a third degree felony....

...Sworn statements were obtained from the victims. 2 “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.” Fla. Stat. § 787.02(1)(a) (emphasis added). 6 assuming that the fifteen-year mandatory minimum under the Armed Career Criminal Act did not apply....

...or his will.”6 It is a third degree felony punishable by up to five years of 5 United States v. Bennett, 472 F.3d 825, 832 (11th Cir. 2006) (“[C]hallenges to the facts contained in the PSI must be asserted with specificity and clarity.”). 6 Fla. Stat. § 787.02(1)(a). 10 imprisonment.7 False imprisonment is a lesser included offense of kidnapping,8 which is a first degree felony punishable by life imprisonment.9 Kidnapping differs in that it requi...

...fifteen years for certain violations of what is colloquially called “felon in possession.” Generally, possession of a firearm by someone previously convicted of a felony, or subject to certain other disqualifiers, is itself a felony.11 If the felon 7 Fla. Stat. §§ 787.02(2), 775.082(3)(d). 8 State v....

...restrain[] another person without lawful authority and against her or his will.”51 The Begay inquiry into whether the crime is “purposeful, violent, and aggressive” therefore does not, under Sykes and Chitwood, apply. AFFIRMED. 51 Fla. Stat. § 787.02(1)(a); see also State v....

and armed kidnapping (a life felony under section 787.02(2), Florida Statutes (1997)). Pursuant to the

...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." [2] The legislature has also created the crime of false imprisonment. See § 787.02, Fla....

State, 37 So.3d 891 (Fla. 1st DCA 2010). . Section 787.02 provides in relevant part: (1)(a) The term

convicted of false imprisonment in violation of section 787.02(1), Florida Statutes (also a third-degree felony

a violation of either section 787.01(2) or section 787.02(2), Florida Statutes, and a violation of one

offense of false imprisonment. See § 787.02(l)(a), Fla. Stat. (2011); see also State

the jury on false imprisonment. Even though section 787.02, Florida Statutes (1997), entitled “False Imprisonment

...to an order of a state agency or court. The kidnapping statute under which Geralyn Graham was charged, section 787.01(1)(a)4., more appropriately encompasses the totality and gravity of Geralyn Graham’s felonious conduct than the crimes defined in sections 787.02 (false imprisonment), 787.03 (interference with custody), and 787.04 (removal of child from state). A false imprisonment under section 787.02 does not necessarily interfere with the performance of a governmental function. Interference with custody (section 787.03) or removal from the state (section 787.04) are not necessarily forcible, secret, by threat, or against the will of the child....

...a Statutes9; the history and source of the 9 See and compare § 787.01, Fla. Stat. (Kidnapping) (a first-degree felony punishable by life imprisonment, and requires proof of at least one of the four aggravating circumstances of intent or purpose); § 787.02 (False Imprisonment) (a third-degree felony, proscribing the same conduct as kidnapping but without any of 18 legislation10; the intent and meaning of this language as expressed by the originating...

State, 541 So.2d 1219 (Fla. 2d DCA 1989); see also § 787.02(l)(a), Fla. Stat. (1989). Taking the victim’s

jury that conspiracy to falsely imprison under Section 787.02(1)(a), Florida Statutes (1975), is a lesser-included

...battery offenses, and a dozen driving offenses including some DUIs. As Rosales- 5 In Rosales-Bruno I, we applied the “modified categorical approach” to determine that Rosales-Bruno’s false imprisonment conviction under Florida Statute § 787.02 was not a “crime of violence” for guidelines purposes....

787.01(3)(a), Florida Statutes (2014), and section 787.02(3)(a), Florida Statutes (2014). In re: Std

...Jury Instructions in Criminal Cases (Committee), the Court authorized for publication and use amendments to instructions 9.1 (Kidnapping) and 9.2 (False Imprisonment) in response to recent amendments to section 787.01(3)(a), Florida Statutes (2014), and section 787.02(3)(a), Florida Statutes (2014)....

...-5-  Lesser Included Offenses KIDNAPPING — 787.01 CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. False imprisonment 787.02 9.2 Attempt 777.04(1) 5.1 Aggravated assault 784.021 8.2 Battery 784.03 8.3...

...kidnapping his or her own child. See Davila v. State, 75 So. 3d 192 (Fla. 2011). This instruction was adopted in 1981 and amended in 1985 [477 So. 2d 985], 2014 [152 So. 3d 475], and 2015. 9.2 FALSE IMPRISONMENT § 787.02, Fla....

... Read only if confinement is alleged and victim is under 13 years of age. Confinement of a child under the age of 13 is against the child’s will if such confinement is without the consent of the child’s parent or legal guardian. If a violation of § 787.02(3), Fla....

...[or] [a Mentally Incapacitated Person] was Involved]. Define applicable felony unless included in other instructions. -7-  Lesser Included Offenses FALSE IMPRISONMENT — 787.02 CATEGORY ONE CATEGORY TWO FLA....

act); c. section 787.02(3)(a)2. or (3)(a)3., Florida Statutes, (false

...or she is or is not actually or constructively present at the commission of such offense."); § 777.04(1), Fla. Stat. (2004) (defining criminal attempt); § 782.04(1)(a)1., Fla. Stat. (2004) (detailing elements of first degree premeditated murder); § 787.02(1)(a), Fla....

629 So.2d 90 (Fla. 1993). FALSE IMPRISONMENT F.S. 787.02 Before you can find the defendant guilty of False

(2005), and false imprisonment in violation of section 787.02(1), (2), Florida Statutes (2005). We affirm

...ions.1 We have jurisdiction. See art. V, § 2(a), Fla. Const. The Committee proposes amending instruction 9.1 (Kidnapping) and 9.2 (False Imprisonment), in response to recent amendments to section 787.01(3)(a), Florida Statutes (2014), and 787.02(3)(a), Florida Statutes (2014)....

...-6-  Lesser Included Offenses KIDNAPPING — 787.01 CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. False imprisonment 787.02 9.2 Attempt 777.04(1) 5.1 Aggravated assault 784.021 8.2 Battery 784.03 8.3...

...kidnapping his or her own child. See Davila v. State, 75 So. 3d 192 (Fla. 2011). This instruction was adopted in 1981 and amended in 1985 [477 So. 2d 985], 2014, and 20145. 9.2 FALSE IMPRISONMENT § 787.02, Fla._Stat. To prove the crime of False Imprisonment, the State must prove the following two elements beyond a reasonable doubt: 1....

...Read only if confinement is alleged and victim is under 13 years of age. Confinement of a child under the age of 13 is against the child’s will if such confinement is without the consent of the child’s parent or legal guardian. If a violation of § 787.02(3), Fla....

...[or] [a Mentally Incapacitated Person] was Involved]. Define applicable felony unless included in other instructions. -8-  Lesser Included Offenses FALSE IMPRISONMENT — 787.02 CATEGORY ONE CATEGORY TWO FLA....

ORFINGER, C.J., and COWART, J., concur. .Section 787.02, Florida Statutes (1981), dealing with the

(2)(c), 775.0845, 787.01, Fla. Stat. (1993). . § 787.02, Fla. Stat. (1993).

and without her consent was false imprisonment. § 787.02(1)(a), Fla. Stat. (defining false imprisonment

of both battery and aggravated assault. Compare § 787.02, Fla. Stat. (1997), with §§ 784.021, -.03, Fla

was adjudicated guilty of a third degree felony. § 787.02(2), Fla.Stat. (1991). Affirmed.

...It was the type of movement that was likely to naturally accompany a robbery, and the "confinement" ceased naturally with the robbery. Thus, the State's evidence was legally insufficient to support the kidnapping charge. That said, however, the evidence presented was sufficient to support a conviction for false imprisonment. Section 787.02(1)(a) defines false imprisonment as "forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against her or his will." The Faison test does not apply to the offense of false imprisonment....

scene, near the time the crime was committed. . § 787.02(2); § 790.10; and § 800.03, Fla. Stat. (2001)

imposition of a proper sentence pursuant to Section 787.02, Florida Statutes (1975), which was in effect

third-degree felony of false imprisonment under section 787.02(l)(a), Florida Statutes (2008). The information

ranked in level 8, 9 or 10. False imprisonment, § 787.02(l)(a) Florida. Statutes, however, is a level 6

...a prior battery conviction, in violation of section 784.03(2), Florida Statutes (2012) – Five years as a prison releasee reoffender (PRR); and Count Two, the third degree felony of false imprisonment, in violation of section 787.02(2), Florida Statutes (2012) – Five years and a day as a habitual felony offender (HFO). The court orally pronounced appellant’s sentences consistent with the plea agreement....

also convicted of false imprisonment under section 787.02, Florida Statutes. At trial, based on testimony

...hat context either. Under Florida law, the term “false imprisonment” is defined as “forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against her or his will.” § 787.02(1)(a), Fla....

counts of false imprisonment in violation of section 787.02(l)(a), Florida Statutes (1989). This section

the felony offense of false imprisonment. See § 787.02(1), Fla. Stat. (2019) (“The term ‘false imprisonment’

than those listed in the kidnapping statute. See § 787.02, Fla. Stat. (1991). The kidnapping statute included

false imprisonment, a third-degree felony, see § 787.02(2), Fla. Stat. (2005). A CPC scoresheet was prepared

false imprisonment, a third-degree felony, see § 787.02(2), Fla. Stat. (2005). A CPC scoresheet was prepared

to reflect the appropriate section number, section 787.02. If not, the trial court may again summarily

...Appellant then pinned her to the ground by placing his knees on her shoulders, and repeatedly hit her in the head and choked her. False imprisonment is defined as: [F]orcibly, by threat, or secretly confining, abducting, imprisoning, or restraining *527 another person without lawful authority and against her or his will. § 787.02(1)(a), Fla....

without lawful authority and against her or his will § 787.02(1)(a), Fla. Stat. (1997). We have explained in

Stat. (1991). . § 810.02, Fla.Stat. (1991). . § 787.02, Fla.Stat. (1991). . § 784.03, Fla.Stat. (1991)

THOMPSON, C.J., and ORFINGER, J., concur. . § 787.02(l)(a), Fla. Stat. (2000). . § 784.021, Fla.

another person ... against his [or her] will.” § 787.02, Fla. Stat. (1995). In affirming, we have considered

offense of false imprisonment in violation of section 787.02, Florida Statutes. The trial court dismissed