Florida Statute 787.4 - Full Text and Legal Analysis

The 2025 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 CourtListener

Amendments to 787.04

Annotations, Discussions, Cases:

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

Cases Citing Statute 787.04

Total Results: 20

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

section 787.03, or a felony of the third degree, section 787.04, Florida Statutes. G. The Sheriffs and all

State v. Roberts

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

District Court of Appeal of Florida | Filed: Mar 28, 2014 | Docket: 60242395

Cited 5 times | Published

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

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

state contrary to a court order in violation of section 787.04(1), Florida Statutes (1993). We affirm appellant's

Habie v. Krischer

642 So. 2d 138, 1994 WL 498397

District Court of Appeal of Florida | Filed: Sep 14, 1994 | Docket: 549612

Cited 4 times | Published

declaratory action attacking the constitutionality of section 787.04, Florida Statutes (1993) on the ground that

Fierro v. State

653 So. 2d 447, 1995 WL 141140

District Court of Appeal of Florida | Filed: Apr 4, 1995 | Docket: 551858

Cited 3 times | Published

child contrary to court order in violation of section 787.04, Florida Statutes; (Count II) false imprisonment;

State v. Costa

558 So. 2d 525, 1990 Fla. App. LEXIS 1921, 1990 WL 32456

District Court of Appeal of Florida | Filed: Mar 26, 1990 | Docket: 64648875

Cited 1 times | Published

by information with two counts of violating Section 787.04(1), Florida Statutes (1987), making it a third-degree

LILIANA FRANCISCA VANEGAS v. THE STATE OF FLORIDA

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

Published

reinforced by the fact that another statute, section 787.04(1), Florida Statutes (2022), criminalizes taking

Jeffrey Michael Flynn v. State of Florida

229 So. 3d 1219

Supreme Court of Florida | Filed: Nov 9, 2017 | Docket: 6220617

Published

child in violation of a court order pursuant to section 787.04(1), Florida Statutes (2014), Unquestionably

Flynn v. State

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

District Court of Appeal of Florida | Filed: May 3, 2017 | Docket: 60265616

Published

a minor, with personal knowledge of the order. § 787.04(1), Fla. Stat. (2014). Relying on the Second District’s

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

(section 787.03) or removal from the state (section 787.04) are not necessarily forcible, secret, by threat

Merkle v. State

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

District Court of Appeal of Florida | Filed: May 11, 2012 | Docket: 60308262

Published

minor contrary to a court order in violation of section 787.04(1), Florida Statutes (2007). Although Ms. Merkle

Department of Children & Families v. P.F.

107 So. 3d 1123, 2013 WL 645321

District Court of Appeal of Florida | Filed: Feb 18, 2012 | Docket: 60228559

Published

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

Stairs v. State

973 So. 2d 1211, 2008 WL 142306

District Court of Appeal of Florida | Filed: Jan 16, 2008 | Docket: 2503660

Published

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

Wright v. State

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

District Court of Appeal of Florida | Filed: Jan 31, 2007 | Docket: 64848794

Published

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

Stanley v. Stanley

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

District Court of Appeal of Florida | Filed: Apr 19, 2000 | Docket: 64796911

Published

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

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

03(2), and removing and concealing minors, section 787.04. Again, to date, she has not been prosecuted

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

concealing a child in violation of a court order, section 787.04(1), Florida Statutes (1985). Appellant argues

Anderson v. Dittmann

518 So. 2d 447, 13 Fla. L. Weekly 194, 1988 Fla. App. LEXIS 99, 1988 WL 1064

District Court of Appeal of Florida | Filed: Jan 13, 1988 | Docket: 64632000

Published

the Court as controlled by the provisions of Section 787.04 of the Florida Statutes. The trial court was

Cory v. Cory

476 So. 2d 1298, 10 Fla. L. Weekly 2431, 1985 Fla. App. LEXIS 15624

District Court of Appeal of Florida | Filed: Sep 3, 1985 | Docket: 64614772

Published

informing Mr. Cory or the court beforehand. See § 787.-04, Fla.Stat. (1979) (felony to remove child from

Thorpe v. State

453 So. 2d 487, 1984 Fla. App. LEXIS 14331

District Court of Appeal of Florida | Filed: Jul 27, 1984 | Docket: 64606112

Published

child contrary to court order, a violation of section 787.04, Florida Statutes (1988). We agree with appellant’s