Florida Statute 787.04 | 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. 787.04

787.04 Removing minors from state or concealing minors contrary to state agency order or court order.—

(1) It is unlawful for any person, in violation of a court order, to lead, take, entice, or remove a minor beyond the limits of this state, or to conceal the location of a minor, with personal knowledge of the order.

(2) It is unlawful for any person, with criminal intent, to lead, take, entice, or remove a minor beyond the limits of this state, or to conceal the location of a minor, during the pendency of any action or proceeding affecting custody of the minor, after having received notice as required by law of the pendency of the action or proceeding, without the permission of the court in which the action or proceeding is pending.

(3) It is unlawful for any person to knowingly and willfully lead, take, entice, or remove a minor beyond the limits of this state, or to knowingly and willfully conceal the location of a minor, during the pendency of a dependency proceeding affecting such minor or during the pendency of any investigation, action, or proceeding concerning the alleged abuse or neglect of such minor, after having received actual or constructive notice of the pendency of such investigation, action, or proceeding and without the permission of the state agency or court in which the investigation, action, or proceeding is pending.

(4) It is unlawful for any person, who has carried beyond the limits of this state any minor whose custody is involved in any action or proceeding pending in this state pursuant to the order of the court in which the action or proceeding is pending or pursuant to the permission of the court, thereafter, to fail to produce the minor in the court or deliver the minor to the person designated by the court.

(5) It is a defense under this section that a person who leads, takes, entices, or removes a minor beyond the limits of the state reasonably believes that his or her action was necessary to protect the minor from child abuse as defined in s. 827.03.

(6) Any person who violates this section is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.—s. 1, ch. 29654, 1955; s. 1, ch. 57-337; s. 47, ch. 67-254; s. 785, ch. 71-136; s. 25, ch. 74-383; s. 15, ch. 75-298; s. 1, ch. 80-102; s. 3, ch. 88-151; s. 3, ch. 96-215; s. 23, ch. 96-322; s. 1815, ch. 97-102; s. 21, ch. 2008-245.

Note.—Former ss. 65.141, 805.03.

F.S. 787.04 on Google Scholar

F.S. 787.04 on Casetext

Amendments to 787.04

Arrestable Offenses / Crimes under Fla. Stat. 787.04

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

S787.04 - FAMILY OFFENSE - RENUMBERED. SEE REC # 8754 - F: T

S787.04 1 - FAMILY OFFENSE - VIOL COURT ORDER REM MINOR FROM STATE CONC LOC - F: T

S787.04 2 - FAMILY OFFENSE - REM MINOR FROM STATE CONC LOC PEND PROCED CUST - F: T

S787.04 3 - FAMILY OFFENSE - REM MINR FR ST CONC LOC PEND INV ALEG ABUS NEG - F: T

S787.04 4 - FAMILY OFFENSE - FAIL PROD DEL MINOR COURT DESIG PRSN PEND CUST - F: T

Annotations, Discussions, Cases:

Cases Citing Statute 787.04

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: reinforced by the fact that another statute, section 787.04(1), Florida Statutes (2022), criminalizes taking…787.03(1) but affirming conviction under section 787.04(1) where father removed minor from state

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

Jeffrey Michael Flynn v. State of Florida

Court: Fla. | Date Filed: 2017-11-09T00:00:00-08:00

Citation: 229 So. 3d 1219

Snippet: violation of a court order pursuant to section 787.04(1), Florida Statutes (2014), Unquestionably, the

Flynn v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2017-05-03T00:00:00-07:00

Citation: 217 So. 3d 1055, 2017 WL 1718841, 2017 Fla. App. LEXIS 6174

Snippet: minor, with personal knowledge of the order. § 787.04(1), Fla. Stat. (2014). Relying on the Second District…be consistent with the plain language of section 787.04(1) and, therefore, adopt its holding. Had the legislature…terms open to those set in any “court order.” § 787.04(1), Fla. Stat. (2014). Most time sharing orders

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

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

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

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: felony of the third degree under sections 787.03 and 787.04, Florida Statutes. 13. Contact with Minor Child

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: with Custody, a first-degree misdemeanor); and § 787.04 (Removal of Child from State Contrary to Court

State v. Roberts

Court: Fla. Dist. Ct. App. | Date Filed: 2014-03-28T00:00:00-07:00

Citation: 143 So. 3d 936, 2014 WL 1258540, 2014 Fla. App. LEXIS 4679

Snippet: imposed by the Florida court order and section 787.04(1), Florida Statutes (1987) *938(felony to remove

Merkle v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2012-05-11T00:00:00-07:00

Citation: 88 So. 3d 375, 2012 WL 1648289, 2012 Fla. App. LEXIS 7410

Snippet: contrary to a court order in violation of section 787.04(1), Florida Statutes (2007). Although Ms. Merkle…information charged Ms. Merkle with violating section 787.04(1), which provides that “[i]t is unlawful for any…statutory defense to this crime provided under section 787.04(5). That section provides that “[i]t is a defense…for one who “conceals the location” of a minor. § 787.04(5). On first read, this court wondered whether …1989), the Fifth District held that under section 787.04(1), " '[c]oncealment' " means

Department of Children & Families v. P.F.

Court: Fla. Dist. Ct. App. | Date Filed: 2012-02-18T00:00:00-08:00

Citation: 107 So. 3d 1123, 2013 WL 645321

Snippet: statutes of other jurisdictions: *1125a. Section 787.04, relating to removing minors from the state or

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

Amendments to Approved Family Law Forms

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

Citation: 20 So. 3d 173

Snippet: third degree under sections 787.03 and 787.04, Florida Statutes. 13. Contact with Minor Child

Stairs v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2008-01-15T23:53:00-08:00

Citation: 973 So. 2d 1211

Snippet: of Florida during a dependency proceeding. See § 787.04(3), Fla. Stat. (2003). Stairs, through her appellate

Wright v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2007-01-31T00:00:00-08:00

Citation: 947 So. 2d 1240, 2007 Fla. App. LEXIS 1057, 2007 WL 245979

Snippet: Wright was convicted of a violation of section 787.04(4), Florida Statutes, for failing to timely return

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: felony of the third degree under sections 787.03 and 787.04, Florida Statutes. 13. Contact with Minor Child

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, 26 Fla. L. Weekly Supp. 13, 2000 Fla. LEXIS 2272, 2000 WL 1352932

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

Stanley v. Stanley

Court: Fla. Dist. Ct. App. | Date Filed: 2000-04-19T00:00:00-07:00

Citation: 756 So. 2d 210, 2000 Fla. App. LEXIS 4594, 2000 WL 390270

Snippet: to the parental kidnapping statute, see section 787.04, Florida Statutes (1999), had appellee been charged

Ayyash v. Farmer

Court: Fla. Dist. Ct. App. | Date Filed: 1999-12-30T00:00:00-08:00

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

Snippet: 2), and removing and concealing minors, section 787.04. Again, to date, she has not been prosecuted for

In re Amendments to the Florida Family Law Rules of Procedure

Court: Fla. | Date Filed: 1998-06-25T00:00:00-07:00

Citation: 717 So. 2d 914, 23 Fla. L. Weekly Supp. 367, 1998 Fla. LEXIS 1238, 1998 WL 334343

Snippet: felony of the third degree under sections 787.03 and 787.04, Florida Statutes. 3. Contact with Minor Child(

Amendments to the Florida Family Law Rules

Court: Fla. | Date Filed: 1998-02-25T23:53:00-08:00

Citation: 713 So. 2d 1

Snippet: the third degree under sections 787.03 and 787.04, Florida Statutes. 4. Other Additional Provisions