Florida Statute 787.03 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

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

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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.

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F.S. 787.03 on Casetext

Amendments to 787.03

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

Annotations, Discussions, Cases:

Cases Citing Statute 787.03

Total Results: 20

LILIANA FRANCISCA VANEGAS v. THE STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2023-04-26T00:53:00-07:00

Snippet: interference with child custody, in violation of section 787.03(1), Florida Statutes (2022). She contends she…interference with child custody, in violation of section 787.03(1). The information reads as follows: …: ELISA MATOS, in violation of [section 787.03(1)], contrary to the form of the Statute in such…essence, her argument was two-fold: (1) section 787.03(1) does not apply to a natural parent whose parental…with Juan Gayle’s 100% timesharing,” and section 787.03(1) is equally applicable to natural parents. The

In Re: Amendments to the Florida Supreme Court Approved Family Law Forms – 12.980(a)-(d)

Court: Fla. | Date Filed: 2021-06-17T00:53:00-07:00

Snippet: constitute a felony of the third degree under sections 787.03 and 787.04, Florida Statutes. 13

BENJAMIN COFFIELD v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2021-04-28T00:53:00-07:00

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

Felice John Veach v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2018-08-30T00:53:00-07:00

Snippet: matters.’” State v. Blackwell, 787 3 So. 2d 963, 965 (Fla. 1st DCA 2001

Lindemuth v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2018-05-16T00:53:00-07:00

Snippet: with the custody of a minor, pursuant to section 787.03(1), Florida Statute (2014). Lindemuth was…interfering with the custody of a minor, under section 787.03(1), Florida Statutes (2014). The jury convicted…erroneously convict him. We disagree. Section 787.03(1) provides: Whoever, without lawful authority… 775.084. We agree with the State that section 787.03(1) applies to a situation such as the one before…taken from his parents’ custody. Section 787.03(1) prohibits interference with parental custody

State v. Lindemuth

Court: Fla. Dist. Ct. App. | Date Filed: 2016-05-04T00:00:00-07:00

Citation: 193 So. 3d 55

Snippet: the custody of a minor in violation of section 787.03(1), Florida Statutes (2014). The defendant filed… the custody of a minor in violation of section 787.03(1). At the hearing, defense counsel moved to strike

In Re: Amendments to the Florida Supreme Court Approved Family Law Forms

Court: Fla. | Date Filed: 2015-03-26T00:53:00-07:00

Snippet: constitute a felony of the third degree under sections 787.03 and 787.04, Florida Statutes. 13. Contact

In re Amendments to the Florida Supreme Court Approved Family Law Forms

Court: Fla. | Date Filed: 2015-03-26T00:00:00-07:00

Citation: 173 So. 3d 19

Snippet: constitute a felony of the third degree under sections 787.03 and 787.04, Florida Statutes. 13. Contact with

Graham v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2015-03-11T00:00:00-07:00

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

Snippet: aggravating circumstances of intent or purpose); § 787.03 (Interference with Custody, a first-degree misdemeanor

Edgar v. Firuta

Court: Fla. Dist. Ct. App. | Date Filed: 2012-11-07T00:00:00-08:00

Citation: 100 So. 3d 255

Snippet: further proceedings. C., D. Contempt and Section 787.03, Florida Statutes As noted, the Mother knowingly…not yet been convicted of a violation of section 787.03, Florida Statutes (2011), “Interference with custody

In Re Amend. to the Fla. Family Law Forms

Court: Fla. | Date Filed: 2010-12-15T23:53:00-08:00

Citation: 59 So. 3d 792

Snippet: constitute a felony of the third degree under sections 787.03 and 787.04, Florida Statutes. 13.

Amendments to Approved Family Law Forms

Court: Fla. | Date Filed: 2009-03-26T00:53:00-07:00

Citation: 20 So. 3d 173

Snippet: constitute a felony of the third degree under sections 787.03 and 787.04, Florida Statutes. 13.

Moseley v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2009-02-27T00:00:00-08:00

Citation: 7 So. 3d 550

Snippet: with violating section 787.03(2), but was convicted of violating section 787.03(1).[1] Citing to the general…interfering with child custody in violation of section 787.03, Florida Statutes (2003). That statute contains…relevant subsections. In pertinent part, section 787.03(1) makes it unlawful for any person to take a child…custodian, absent lawful authority to do so. Section 787.03(2), in relevant part, makes it unlawful for any

Diez v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2008-01-02T00:00:00-08:00

Citation: 970 So. 2d 931

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

Rodas v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2007-11-06T23:53:00-08:00

Citation: 967 So. 2d 444

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

Casamassina v. US Life Ins. Co.

Court: Fla. Dist. Ct. App. | Date Filed: 2007-06-20T00:53:00-07:00

Citation: 958 So. 2d 1093

Snippet: quot; Stix v. Cont'l Assur. Co., 147 Fla. 783, 787, 3 So.2d 703, 704 (1941). If Sams negligently misled

Gisi v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2005-08-31T00:53:00-07:00

Citation: 909 So. 2d 531

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

Amendments to Florida Supreme Court Approved Family Law Forms-Sexual Violence Forms

Court: Fla. | Date Filed: 2004-03-25T00:00:00-08:00

Citation: 871 So. 2d 113, 2004 Fla. LEXIS 538, 2004 WL 582946

Snippet: constitute a felony of the third degree under sections 787.03 and 787.04, Florida Statutes. 13. Contact with

Gisi v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2003-07-11T00:53:00-07:00

Citation: 848 So. 2d 1278

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

Amendments to the Florida Family Law Rules of Procedure & Family Law Forms

Court: Fla. | Date Filed: 2000-09-21T00:00:00-07:00

Citation: 810 So. 2d 1

Snippet: constitute a felony of the third degree under sections 787.03 and 787.04, Florida Statutes. 13. Contact with …constitute a felony of the third degree under sections 787.03 and 787.04, Florida Statutes. 13. Contact with