Florida Statute 787.3 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 787
KIDNAPPING; CUSTODY OFFENSES; HUMAN TRAFFICKING; AND RELATED OFFENSES

View Entire Chapter

F.S. 787.03

787.03 Interference with custody.—

(1) Whoever, without lawful authority, knowingly or recklessly takes or entices, or aids, abets, hires, or otherwise procures another to take or entice, any minor or any incompetent person from the custody of the minor’s or incompetent person’s parent, his or her guardian, a public agency having the lawful charge of the minor or incompetent person, or any other lawful custodian commits the offense of interference with custody and commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(2) In the absence of a court order determining rights to custody or visitation with any minor or with any incompetent person, any parent of the minor or incompetent person, whether natural or adoptive, stepparent, legal guardian, or relative of the minor or incompetent person who has custody thereof and who takes, detains, conceals, or entices away that minor or incompetent person within or without the state with malicious intent to deprive another person of his or her right to custody of the minor or incompetent person commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) A subsequently obtained court order for custody or visitation does not affect application of this section.

(4) It is a defense that:

(a) The defendant had reasonable cause to believe that his or her action was necessary to preserve the minor or the incompetent person from danger to his or her welfare.

(b) The defendant was the victim of an act of domestic violence or had reasonable cause to believe that he or she was about to become the victim of an act of domestic violence as defined in s. 741.28, and the defendant had reasonable cause to believe that the action was necessary in order for the defendant to escape from, or protect himself or herself from, the domestic violence or to preserve the minor or incompetent person from exposure to the domestic violence.

(c) The minor or incompetent person was taken away at his or her own instigation without enticement and without purpose to commit a criminal offense with or against the minor or incompetent person, and the defendant establishes that it was reasonable to rely on the instigating acts of the minor or incompetent person.

(5) Proof that a person has not attained the age of 18 years creates the presumption that the defendant knew the minor’s age or acted in reckless disregard thereof.

(6)(a) The offenses prescribed in subsections (1) and (2) do not apply in cases in which a person having a legal right to custody of a minor or incompetent person is the victim of any act of domestic violence, has reasonable cause to believe he or she is about to become the victim of any act of domestic violence, as defined in s. 741.28, or believes that his or her action was necessary to preserve the minor or the incompetent person from danger to his or her welfare and seeks shelter from such acts or possible acts and takes with him or her the minor or incompetent person.

(b) In order to gain the exception conferred by paragraph (a), a person who takes a minor or incompetent person under this subsection must:

1. Within 10 days after taking the minor or incompetent person, make a report to the sheriff’s office or state attorney’s office for the county in which the minor or incompetent person resided at the time he or she was taken, which report must include the name of the person taking the minor or incompetent person, the current address and telephone number of the person and minor or incompetent person, and the reasons the minor or incompetent person was taken.

2. Within a reasonable time after taking a minor, commence a custody proceeding that is consistent with the federal Parental Kidnapping Prevention Act, 28 U.S.C. s. 1738A, or the Uniform Child Custody Jurisdiction and Enforcement Act, ss. 61.501-61.542.

3. Inform the sheriff’s office or state attorney’s office for the county in which the minor or incompetent person resided at the time he or she was taken of any change of address or telephone number of the person and the minor or incompetent person.

(c)1. The current address and telephone number of the person and the minor or incompetent person which are contained in the report made to a sheriff or state attorney under paragraph (b) are confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.

2. A sheriff or state attorney may allow an agency, as defined in s. 119.011, to inspect and copy records made confidential and exempt under this paragraph in the furtherance of that agency’s duties and responsibilities.

History.—s. 24, ch. 74-383; s. 14, ch. 75-298; s. 1, ch. 77-174; s. 1, ch. 88-244; s. 25, ch. 94-134; s. 25, ch. 94-135; s. 1201, ch. 97-102; s. 1, ch. 2000-231; s. 1, ch. 2000-357; s. 157, ch. 2004-5; s. 1, ch. 2005-89; s. 1, ch. 2006-114; s. 1, ch. 2006-115; s. 1, ch. 2011-99.

F.S. 787.03 on Google Scholar

F.S. 787.03 on CourtListener

Amendments to 787.03

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 787.03

Level: Degree
Misdemeanor/Felony: First/Second/Third

S787.03 - FAMILY OFFENSE - RENUMBERED. SEE REC # 8882 - F: T

S787.03 - FAMILY OFFENSE - RENUMBERED. SEE REC # 8883 - F: T

S787.03 1 - FAMILY OFFENSE - INTERFERE W CUSTODY OF MINOR/INCOMP PERSON - F: T

S787.03 2 - FAMILY OFFENSE - DEPRIVE CUSTODY OF MINOR INCOMPETENT PERSON - F: T

Cases Citing Statute 787.03

Total Results: 33

Gisi v. State

848 So. 2d 1278, 2003 WL 21554350

District Court of Appeal of Florida | Filed: Jul 11, 2003 | Docket: 1309409

Cited 33 times | Published

of interference with custody in violation of section 787.03, Florida Statutes (1997), and one count of

Stone v. Wall

734 So. 2d 1038, 1999 WL 424384

Supreme Court of Florida | Filed: Jun 17, 1999 | Docket: 1730947

Cited 27 times | Published

generally classified as a third degree felony. § 787.03, Fla. Stat. (1997). This statute prohibits a person

In Re Family Law Rules of Procedure

663 So. 2d 1049, 20 Fla. L. Weekly Supp. 581, 1995 Fla. LEXIS 1953, 1995 WL 689537

Supreme Court of Florida | Filed: Nov 22, 1995 | Docket: 1313670

Cited 15 times | Published

constitute a misdemeanor of the first degree, section 787.03, or a felony of the third degree, section 787

Arroyo v. State

705 So. 2d 54, 1998 WL 25569

District Court of Appeal of Florida | Filed: Dec 24, 1997 | Docket: 1580054

Cited 9 times | Published

with the custody of a minor, in violation of section 787.03(1), Florida Statutes (1993), for taking her

Johnson v. State

637 So. 2d 3, 1994 WL 146542

District Court of Appeal of Florida | Filed: Apr 26, 1994 | Docket: 422614

Cited 9 times | Published

convicted of interference with custody under section 787.03, as he was not charged with that crime. In

Frias v. Demings

823 F. Supp. 2d 1279, 2011 U.S. Dist. LEXIS 119126, 2011 WL 4903086

District Court, M.D. Florida | Filed: Oct 14, 2011 | Docket: 65976648

Cited 8 times | Published

likely "Interference with Custody.” Fla. Stat. § 787.03. However, for the sake of brevity, the Court will

Gisi v. State

909 So. 2d 531, 2005 WL 2086340

District Court of Appeal of Florida | Filed: Aug 31, 2005 | Docket: 473988

Cited 7 times | Published

was also convicted of interference with custody, § 787.03, Fla. Stat. (1997), and seduction of a child via

Ortiz v. State

696 So. 2d 916, 1997 WL 364513

District Court of Appeal of Florida | Filed: Jul 3, 1997 | Docket: 1696294

Cited 5 times | Published

GRIFFIN, C.J., and ANTOON, J., concur. NOTES [1] § 787.03, Fla. Stat.

State v. Earl

649 So. 2d 297, 1995 WL 18384

District Court of Appeal of Florida | Filed: Jan 20, 1995 | Docket: 2511227

Cited 5 times | Published

Interference With Custody, in violation of section 787.03, Florida Statutes (1993). The charging document

Khan v. State

704 So. 2d 1129, 1998 WL 17424

District Court of Appeal of Florida | Filed: Jan 21, 1998 | Docket: 1354201

Cited 4 times | Published

interfering with custody of a child in violation of section 787.03(1), Florida Statutes (Supp.1994), and removing

State v. Badalich

479 So. 2d 197, 10 Fla. L. Weekly 2576

District Court of Appeal of Florida | Filed: Nov 21, 1985 | Docket: 463649

Cited 4 times | Published

with interference with custody in violation of section 787.03, Florida Statutes (1983).[2] Badalich filed

Moseley v. State

7 So. 3d 550, 2009 Fla. App. LEXIS 3517, 2009 WL 482263

District Court of Appeal of Florida | Filed: Feb 27, 2009 | Docket: 1654941

Cited 2 times | Published

interfering with child custody in violation of section 787.03, Florida Statutes (2003). That statute contains

Martin v. State

691 So. 2d 1204, 1997 WL 194744

District Court of Appeal of Florida | Filed: Apr 23, 1997 | Docket: 1423424

Cited 2 times | Published

interfering with custody of a child contrary to section 787.03, Florida Statutes (1995). The state also charged

Martin v. State

691 So. 2d 1204, 1997 WL 194744

District Court of Appeal of Florida | Filed: Apr 23, 1997 | Docket: 1423424

Cited 2 times | Published

interfering with custody of a child contrary to section 787.03, Florida Statutes (1995). The state also charged

State v. Jones

668 So. 2d 1073, 1996 WL 82776

District Court of Appeal of Florida | Filed: Feb 28, 1996 | Docket: 1290460

Cited 2 times | Published

with interference with child custody under section 787.03, Florida Statutes (1993), resulting from an

Edgar v. Firuta

100 So. 3d 255, 2012 Fla. App. LEXIS 19146, 2012 WL 5416432

District Court of Appeal of Florida | Filed: Nov 7, 2012 | Docket: 60225747

Cited 1 times | Published

for further proceedings. C., D. Contempt and Section 787.03, Florida Statutes As noted, the Mother knowingly

Rodas v. State

967 So. 2d 444, 2007 WL 3274780

District Court of Appeal of Florida | Filed: Nov 7, 2007 | Docket: 1733552

Cited 1 times | Published

custody of a parent or guardian, in violation of section 787.03(1), Florida Statutes (2005). The evidence at

Ayyash v. Ayyash

700 So. 2d 752, 1997 WL 627536

District Court of Appeal of Florida | Filed: Oct 10, 1997 | Docket: 1373265

Cited 1 times | Published

guilty of violating the criminal provisions of section 787.03, Florida Statutes, which prohibits the concealment

LILIANA FRANCISCA VANEGAS v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 26, 2023 | Docket: 67270647

Published

interference with child custody, in violation of section 787.03(1), Florida Statutes (2022). She contends

BENJAMIN COFFIELD v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 28, 2021 | Docket: 59860116

Published

with custody,” a third degree felony, under section 787.03(2), Florida Statutes (2015). More than twenty-one

Lindemuth v. State

247 So. 3d 635

District Court of Appeal of Florida | Filed: May 16, 2018 | Docket: 6716293

Published

interfering with the custody of a minor, pursuant to section 787.03(1), Florida Statute (2014). Lindemuth

State v. Lindemuth

193 So. 3d 55, 2016 WL 2339920, 2016 Fla. App. LEXIS 6746

District Court of Appeal of Florida | Filed: May 4, 2016 | Docket: 3060610

Published

with the custody of a minor in violation of section 787.03(1), Florida Statutes (2014). The defendant

Graham v. State

169 So. 3d 123, 2015 Fla. App. LEXIS 3400, 2015 WL 1044221

District Court of Appeal of Florida | Filed: Mar 11, 2015 | Docket: 2640562

Published

governmental function. Interference with custody (section 787.03) or removal from the state (section 787.04)

Diez v. State

970 So. 2d 931, 2008 Fla. App. LEXIS 18, 2008 WL 34810

District Court of Appeal of Florida | Filed: Jan 2, 2008 | Docket: 64853503

Published

accompanying the interference with custody under section 787.03, Florida Statutes. We deem all three kidnapping

Lowery v. State

754 So. 2d 888, 2000 Fla. App. LEXIS 4419, 2000 WL 378204

District Court of Appeal of Florida | Filed: Apr 14, 2000 | Docket: 64796342

Published

(1967). . § 794.05(1), Fla. Stat. (1999). . § 787.03(1), Fla. Stat. (1999).

Ayyash v. Farmer

750 So. 2d 691, 1999 Fla. App. LEXIS 17609, 1999 WL 1267227

District Court of Appeal of Florida | Filed: Dec 30, 1999 | Docket: 64794727

Published

state laws: interference with child custody, section 787.03(2), and removing and concealing minors, section

Leding v. State

725 So. 2d 1221, 1999 Fla. App. LEXIS 325, 1999 WL 17801

District Court of Appeal of Florida | Filed: Jan 20, 1999 | Docket: 64786047

Published

evidence statements made by the children and that section 787.03(1), Florida Statutes (1995) is void for vagueness

Ladd v. State

714 So. 2d 533, 1998 Fla. App. LEXIS 7147, 1998 WL 316560

District Court of Appeal of Florida | Filed: Jun 15, 1998 | Docket: 64781849

Published

Interference with custody is a third-degree felony. § 787.03(1), Fla. Stat. (1995). Section 777.04(d) provides

Richardson v. State

657 So. 2d 1285, 1995 Fla. App. LEXIS 8146, 1995 WL 449655

District Court of Appeal of Florida | Filed: Aug 1, 1995 | Docket: 64757878

Published

support appellant’s conviction for a violation of section 787.03(1), Florida Statutes (1993). It is, therefore

Florida Rules of Criminal Procedure Re: Sentencing Guidelines

544 So. 2d 198, 1989 Fla. LEXIS 1295, 1989 WL 65666

Supreme Court of Florida | Filed: Jun 15, 1989 | Docket: 64642859

Published

403.413(5)(c), Fla. Stat. (Supp.1988). Also, section 787.03(1), Florida Statutes (Supp.1988), makes it

Costlow v. State

543 So. 2d 1259, 14 Fla. L. Weekly 1056, 1989 Fla. App. LEXIS 2287, 1989 WL 44851

District Court of Appeal of Florida | Filed: Apr 27, 1989 | Docket: 64642780

Published

included offense of interference with custody. § 787.03, Fla.Stat. (1985).2 The jury returned a guilty

Powell v. State

495 So. 2d 828, 11 Fla. L. Weekly 2104, 1986 Fla. App. LEXIS 9948

District Court of Appeal of Florida | Filed: Oct 6, 1986 | Docket: 64622204

Published

1984). . § 800.04, Fla.Stat. (Supp.1984). . § 787.03, Fla.Stat. (1983). . Ch. 86-273, s. 1, Laws

U. P. C., Inc. v. Intercontinental Bank

410 So. 2d 554, 1982 Fla. App. LEXIS 19189

District Court of Appeal of Florida | Filed: Feb 9, 1982 | Docket: 64588245

Published

As such, it falls within the provisions of Section 787.03(5)(a) [sic] F.S. F.S.A. (1980) above quoted