Florida Statutes

Fla. Stat. § 787.02 (2025)

False imprisonment; false imprisonment of child under age 13, aggravating circumstances.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

Find cases: SyfertCases citing this section FL-LEGleg.state.fl.us JustiaFla. Statutes CornellLII Search CasesGoogle Scholar

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 subparagraphs (a)1.-6., 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) or (5), 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.-6.

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; s. 6, ch. 2025-156.

Note.—Former s. 805.01.

Arrestable Offenses under F.S. 787.02

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

§787.02(2)KIDNAP-FALSE IMPRISONMENTREMOVEDF · 3rd

§787.02(2)KIDNAP-FALSE IMPRISONMENTFALSE IMPRISONMENT OF PERSONF · 3rd

§787.02(1a)KIDNAP-FALSE IMPRISONMENTREMOVEDF · 3rd

§787.02(1b)KIDNAP-FALSE IMPRISONMENTREMOVEDF · 3rd

§787.02(3a1)KIDNAP-FALSE IMPRISONMENTCHILD UNDER 13 YOA AND COMMIT AGGRAVATED ABUSEF · 1st

§787.02(3a2)KIDNAP-FALSE IMPRISONMENTCHILD UNDER 13 YOA AND COMMIT SEXUAL BATTERYF · 1st

§787.02(3a3)KIDNAP-FALSE IMPRISONMENTCHILD UNDR 13YOA LEWD LASC BAT MOLEST COND EXHF · 1st

§787.02(3a4)KIDNAP-FALSE IMPRISONMENTCHILD UNDER 13 YOA FOR PROSTITUTIONF · 1st

§787.02(3a5)KIDNAP-FALSE IMPRISONMENTAND EXPLOIT CHILD UNDER 13 YOAF · 1st

§787.02(3a6)KIDNAP-FALSE IMPRISONMENTFALSE IMPRISON CHILD LT 13 YOA HUMAN TRAFFICF · 1st

Notes of Decisions

Cited in 139 cases (9 in the last 5 years), 1975–2026 · leading case: State v. Smith, 840 So. 2d 987 (Fla. 2003).

Sort: Relevance Newest Treatment

State v. Smith, 840 So. 2d 987 (Fla. 2003). · cites it 8× “Compare § 787.02, Fla. Stat. (1997), with § 812.13, Fla.”

United States v. Abeu Gonzalez-Perez, A.K.A. Oscar Ortiz-Garcia, 472 F.3d 1158 (9th Cir. 2007). · cites it 6× “At sentencing, over Gonzalez-Perez’s objection, the district court applied a 16-level erime-of-violence enhancement based on a prior conviction for false imprisonment under Fla. Stat. § 787.02 (l)(a). See U.S.S.G. § 2L1.”

Brunelle v. State, 360 So. 2d 70 (Fla. 1978). · cites it 14× “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.”

United States v. Rosales-Bruno, 676 F.3d 1017 (11th Cir. 2012). · cites it 3× “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”).”

Crain v. State, 894 So. 2d 59 (Fla. 2004). · cites it 2× “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.”

United States v. Watson, 423 U.S. 411 (1975). · cites it 2× “Fla. Stat. Ann. § 787.02 (Supp. 1975) (false imprisonment); § 831.”

Andre v. State, 13 So. 3d 103 (Fla. 4th DCA 2009). · cites it 7× “’ ” Our analysis of the issue and the result reached are constrained by the wording of section 787.02(3)(a), Florida Statutes (2006).”

United States v. Carl Schneider, 681 F.3d 1273 (11th Cir. 2012). · cites it 5× “His judgment says he pleaded nolo contendere to “the lesser included offense of false imprisonment,” Fla. Stat. § 787.02 (l)(a), a third degree felony.”

In Re Stand. Jury Instructions in Crim. Cases—Report No. 2016-08, 211 So. 3d 995 (Fla. 2017). · cites it 6× “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.”

Raines v. State, 805 So. 2d 999 (Fla. 4th DCA 2001). · cites it 4× “In 1997 appellant pled no contest to a charge of false imprisonment under section 787.02, Florida Statutes. The record reveals that appellant had an argument with his fiancée when she told him she was ending their engagement.”

Kerr v. Holder, 352 F. App'x 958 (5th Cir. 2009). · cites it 8× “*960 PER CURIAM: * At issue in this case is whether petitioner’s conviction under Florida’s false imprisonment statute, Fla. Stat. § 787.02 , is an “aggravated felony” for purposes of the Immigration and Nationality Act (“INA”), 8 U.”

Mathis v. Coats, 24 So. 3d 1284 (Fla. 2d DCA 2010). · cites it 2× “See § 787.02(l)(a), Fla. Stat. (2004) (“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.”

Show all 139 citing cases →

— 787.02(1) — 5 cases

Davis v. State, 816 So. 2d 840 (Fla. 1st DCA 2002).

Conner v. State, 19 So. 3d 1117 (Fla. 2d DCA 2009).

Raulerson v. State of Florida (Fla. 1st DCA 2025).

Billias v. State, 924 So. 2d 917 (Fla. 5th DCA 2006).

Underwood v. State, 985 So. 2d 705 (Fla. 5th DCA 2008).

— 787.02(1)(a) — 24 cases

State v. Smith, 840 So. 2d 987 (Fla. 2003). “Compare § 787.02, Fla. Stat. (1997), with § 812.13, Fla.”

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

Rohan v. State, 696 So. 2d 901 (Fla. 4th DCA 1997).

Keller v. State, 586 So. 2d 1258 (Fla. 5th DCA 1991).

Neal v. State, 854 So. 2d 666 (Fla. 3d DCA 2003).

— 787.02(1)(b) — 2 cases

State v. Badalich, 479 So. 2d 197 (Fla. 5th DCA 1985).

KJF v. State, 44 So. 3d 1204 (Fla. 1st DCA 2010).

— 787.02(2) — 23 cases

Champagne v. State, 269 So. 3d 629 (Fla. 2d DCA 2019).

Wilchcombe v. State, 842 So. 2d 198 (Fla. 3d DCA 2003).

Wood v. State, 593 So. 2d 557 (Fla. 5th DCA 1992).

Juarez v. State, 65 So. 3d 110 (Fla. 4th DCA 2011).

Heinz v. State, 615 So. 2d 238 (Fla. 3d DCA 1993).

— 787.02(3) — 5 cases

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

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).

In re Stand. Jury Instructions in Crim. Cases—Instructions 9.1 & 9.2, 167 So. 3d 443 (Fla. 2015).

In Re: Stand. Jury Instructions in Crim. Cases - Instructions 9.1 & 9.2, 167 So. 3d 443 (Fla. 2015).

— 787.02(3)(a) — 8 cases

Andre v. State, 13 So. 3d 103 (Fla. 4th DCA 2009). “’ ” Our analysis of the issue and the result reached are constrained by the wording of section 787.02(3)(a), Florida Statutes (2006).”

Raines v. State, 805 So. 2d 999 (Fla. 4th DCA 2001). “In 1997 appellant pled no contest to a charge of false imprisonment under section 787.02, Florida Statutes. The record reveals that appellant had an argument with his fiancée when she told him she was ending their engagement.”

In Re: Amendments to the Florida Rules of Crim. Procedure-2018 Regular-cycle Report., 265 So. 3d 494 (Fla. 2018).

Moore v. State, 967 So. 2d 991 (Fla. 5th DCA 2007).

In re Stand. Jury Instructions in Crim. Cases—Instructions 9.1 & 9.2, 167 So. 3d 443 (Fla. 2015).

— 787.02(3)(b) — 1 case

Moore v. State, 967 So. 2d 991 (Fla. 5th DCA 2007).

— 787.02(b) — 1 case

Andre v. State, 13 So. 3d 103 (Fla. 4th DCA 2009). “’ ” Our analysis of the issue and the result reached are constrained by the wording of section 787.02(3)(a), Florida Statutes (2006).”

— 787.02(l)(a) — 20 cases

Mathis v. Coats, 24 So. 3d 1284 (Fla. 2d DCA 2010). “See § 787.02(l)(a), Fla. Stat. (2004) (“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.”

Fajardo v. U.S. Attorney Gen., 659 F.3d 1303 (11th Cir. 2011).

Carl Selph v. Decirena Selph, 144 So. 3d 676 (Fla. 4th DCA 2014).

Bretherick v. State, 135 So. 3d 337 (Fla. 5th DCA 2013).

Andre v. State, 13 So. 3d 103 (Fla. 4th DCA 2009). “’ ” Our analysis of the issue and the result reached are constrained by the wording of section 787.02(3)(a), Florida Statutes (2006).”

— 787.02(l)(b) — 2 cases

Cromer v. State, 514 So. 2d 416 (Fla. 1st DCA 1987).

K.J.F. v. State, 44 So. 3d 1204 (Fla. 1st DCA 2010).

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.