Florida Statutes
Fla. Stat. § 787.01 (2025)
Kidnapping; kidnapping of child under age 13, aggravating circumstances.
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787.01 Kidnapping; kidnapping of child under age 13, aggravating circumstances.—
(1)(a) The term “kidnapping” means forcibly, secretly, or by threat confining, abducting, or imprisoning another person against her or his will and without lawful authority, with intent to:
1. Hold for ransom or reward or as a shield or hostage.
2. Commit or facilitate commission of any felony.
3. Inflict bodily harm upon or to terrorize the victim or another person.
4. Interfere with the performance of any governmental or political function.
(b) Confinement of a child under the age of 13 is against her or his will within the meaning of this subsection if such confinement is without the consent of her or his parent or legal guardian.
(2) A person who kidnaps a person is guilty of 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.
(3)(a) A person who commits the offense of kidnapping upon a child under the age of 13 and who, in the course of committing the offense, commits one or more of the following:
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,
commits a life felony, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(b) Pursuant to s. 775.021(4), nothing contained herein shall be construed to prohibit the imposition of separate judgments and sentences for the life felony described in paragraph (a) and for each separate offense enumerated in subparagraphs (a)1.-6.
History.—s. 1, ch. 5907, 1909; RGS 5058; CGL 7160; s. 1, ch 16063, 1933; s. 784, ch. 71-136; s. 8, ch. 72-724; s. 22, ch 74-383; s. 12, ch. 75-298; s. 1, ch. 77-174; s. 1, ch. 84-238; s. 2, ch. 90-120; s. 2, ch. 93-227; s. 9, ch. 96-322; s. 1813, ch. 97-102; s. 4, ch. 99-201; s. 3, ch. 2000-246; s. 18, ch. 2008-172; s. 19, ch. 2014-160; s. 5, ch. 2025-156.
Note.—Former s. 805.02.
Arrestable Offenses under F.S. 787.01
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§787.01(2)KIDNAPKIDNAP ANOTHER PERSON
§787.01(1a1)KIDNAP MINOR FOR RANSOMOR REWARD OR SHIELD OR HOSTAGE
§787.01(1a1)KIDNAP ADULT FOR RANSOMOR REWARD OR SHIELD OR HOSTAGE
§787.01(1a2)KIDNAPCOMMIT OR FACILITATE COMMISSION OF FELONY
§787.01(1a3)KIDNAPINFLICT BODILY HARM OR TERRORIZE VICT OR OTHER
§787.01(1a4)KIDNAPINTERFERE W GOVERNMENT OR POLITICAL FUNCTION
§787.01(1b)KIDNAP MINORCONFINE CHILD UND 13 YOA W/O CONSENT OF PARENT
§787.01(3a1)KIDNAP MINORUNDER 13 YEARS OF AGE COMMIT AGGRAVATED ABUSE
§787.01(3a2)KIDNAP MINOR TO SEXUALLY ASSLTUNDER 13 YOA SEXUAL BATTERY
§787.01(3a3)KIDNAP MINORUND 13 YOA LEWD LASCIVIOUS INDECENT ASSLT ACT
§787.01(3a4)KIDNAP MINORUNDER 13 YOA AND FORCE INTO PROSTITUTION
§787.01(3a5)KIDNAP MINORUNDER 13 YOA AND EXPLOIT OR ALLOW EXPLOITATION
Notes of Decisions
Cited in 343
cases (15 in the last 5 years), 1978–2026 · leading case: Delgado v. State, 71 So. 3d 54 (Fla. 2011).
Delgado v. State, 71 So. 3d 54 (Fla. 2011). “2008) (recognizing that "the plain text of section 787.01, Florida Statutes, could lead to potentially absurd results").”
Davila v. State, 75 So. 3d 192 (Fla. 2011). “The conflict issue before us centers on whether a parent can lawfully be convicted of kidnapping his own child under section 787.01, Florida Statutes (2000). For the reasons expressed below, we approve the decision of the Third District in Davila to the extent that it held that…”
Faison v. State, 426 So. 2d 963 (Fla. 1983). “[5] § 787.01 reads as follows: (1)(a) "Kidnapping" means forcibly, secretly, or by threat confining, abducting, or imprisoning another person against his will and without lawful authority, with intent to: 1.”
Crain v. State, 894 So. 2d 59 (Fla. 2004). “The kidnapping statute found in section 787.01, Florida Statutes (1997), defines the offense in pertinent part as follows: (1)(a) The term "kidnapping" means forcibly, secretly, or by threat confining, abducting, or imprisoning another person against her or his will and without…”
Conner v. State, 19 So. 3d 1117 (Fla. 2d DCA 2009). “(1997), and kidnapping, § 787.01, Fla. Stat. (1997). The trial court adjudged him to be guilty of both crimes and sentenced him to serve twenty-five years in prison on the attempted murder charge and life in prison on the kidnapping charge.”
Lynch v. State, 2 So. 3d 47 (Fla. 2009). “In Faison , we recognized that the plain text of section 787.01, Florida Statutes, could lead to potentially absurd results.”
State v. Smith, 840 So. 2d 987 (Fla. 2003). “Kidnapping is defined in section 787.01(1)(a), Florida Statutes (1997), as follows: The term kidnapping means forcibly, secretly, or by threat confining, abducting, or imprisoning another person against her or his will and without lawful authority, with intent to: 1.”
Boyd v. State, 910 So. 2d 167 (Fla. 2005). “Section 787.01(1)(a), Florida Statutes (1997), defines kidnapping as forcibly, secretly, or by threat confining, abducting, or imprisoning another person against her or his will and without lawful authority, with intent to: .”
Pearce v. State, 880 So. 2d 561 (Fla. 2004). “See § 787.01(1)(a), Fla. Stat. (1999). Both Havner and Tuttle testified that Pearce ordered them into the business office, waved a gun around, and pointed the gun at them.”
& SC14-2278 Charles Grover Brant v. State of Florida & Charles Grover Brant v. Julie L. Jones, etc., 197 So. 3d 1051 (Fla. 2016). “Ineffective Assistance of Appellate Counsel for Failure to Challenge Denial of Motion to Dismiss Kidnapping Brant was charged in count three of the indictment with kidnapping by forcibly, secretly, or by threat, confining, abducting, or imprisoning the victim with the intent to…”
Allen v. State, 137 So. 3d 946 (Fla. 2013). “Section 787.01(1)(a), Florida Statutes (2005), defines kidnapping as the follows: The term “kidnapping” means forcibly, secretly, or by threat confining, abducting, or imprisoning another person against her or his will and without lawful authority, with intent to: 1.”
Berry v. State, 668 So. 2d 967 (Fla. 1996). “Section 787.01 states in relevant part: 787.”
787.01(1): 9 cases
Delgado v. State, 71 So. 3d 54 (Fla. 2011). “2008) (recognizing that "the plain text of section 787.01, Florida Statutes, could lead to potentially absurd results").”
LaFleur v. State, 661 So. 2d 346 (Fla. 3d DCA 1995).
Chanquet v. State, 646 So. 2d 834 (Fla. 3d DCA 1994).
Muniz v. State, 764 So. 2d 729 (Fla. 2d DCA 2000).
Gloster v. State, 603 So. 2d 1344 (Fla. 2d DCA 1992).
787.01(1)(a): 101 cases
Delgado v. State, 71 So. 3d 54 (Fla. 2011). “2008) (recognizing that "the plain text of section 787.01, Florida Statutes, could lead to potentially absurd results").”
Faison v. State, 426 So. 2d 963 (Fla. 1983). “[5] § 787.01 reads as follows: (1)(a) "Kidnapping" means forcibly, secretly, or by threat confining, abducting, or imprisoning another person against his will and without lawful authority, with intent to: 1.”
State v. Smith, 840 So. 2d 987 (Fla. 2003). “Kidnapping is defined in section 787.01(1)(a), Florida Statutes (1997), as follows: The term kidnapping means forcibly, secretly, or by threat confining, abducting, or imprisoning another person against her or his will and without lawful authority, with intent to: 1.”
Garzon v. State, 939 So. 2d 278 (Fla. 4th DCA 2006).
Sutton v. State, 834 So. 2d 332 (Fla. 5th DCA 2003).
787.01(1)(a)(2): 19 cases
Crain v. State, 894 So. 2d 59 (Fla. 2004). “The kidnapping statute found in section 787.01, Florida Statutes (1997), defines the offense in pertinent part as follows: (1)(a) The term "kidnapping" means forcibly, secretly, or by threat confining, abducting, or imprisoning another person against her or his will and without…”
Boyd v. State, 910 So. 2d 167 (Fla. 2005). “Section 787.01(1)(a), Florida Statutes (1997), defines kidnapping as forcibly, secretly, or by threat confining, abducting, or imprisoning another person against her or his will and without lawful authority, with intent to: .”
Chavez v. State, 832 So. 2d 730 (Fla. 2002).
Kennedy v. State, 564 So. 2d 1127 (Fla. 1st DCA 1990).
Waddell v. State, 696 So. 2d 1229 (Fla. 3d DCA 1997).
787.01(1)(a)(3): 10 cases
Pearce v. State, 880 So. 2d 561 (Fla. 2004). “See § 787.01(1)(a), Fla. Stat. (1999). Both Havner and Tuttle testified that Pearce ordered them into the business office, waved a gun around, and pointed the gun at them.”
Boyd v. State, 910 So. 2d 167 (Fla. 2005). “Section 787.01(1)(a), Florida Statutes (1997), defines kidnapping as forcibly, secretly, or by threat confining, abducting, or imprisoning another person against her or his will and without lawful authority, with intent to: .”
Crain v. State, 894 So. 2d 59 (Fla. 2004). “The kidnapping statute found in section 787.01, Florida Statutes (1997), defines the offense in pertinent part as follows: (1)(a) The term "kidnapping" means forcibly, secretly, or by threat confining, abducting, or imprisoning another person against her or his will and without…”
Brown v. State, 508 So. 2d 522 (Fla. 2d DCA 1987).
State v. Lumarque, 990 So. 2d 1241 (Fla. 3d DCA 2008).
787.01(1)(b): 6 cases
Crain v. State, 894 So. 2d 59 (Fla. 2004). “The kidnapping statute found in section 787.01, Florida Statutes (1997), defines the offense in pertinent part as follows: (1)(a) The term "kidnapping" means forcibly, secretly, or by threat confining, abducting, or imprisoning another person against her or his will and without…”
Chavez v. State, 832 So. 2d 730 (Fla. 2002).
Delgado v. State, 71 So. 3d 54 (Fla. 2011). “2008) (recognizing that "the plain text of section 787.01, Florida Statutes, could lead to potentially absurd results").”
Johnson v. State, 637 So. 2d 3 (Fla. 3d DCA 1994).
Muniz v. State, 764 So. 2d 729 (Fla. 2d DCA 2000).
787.01(1)(d): 1 case
Graham v. State, 169 So. 3d 123 (Fla. 3d DCA 2015).
787.01(12)(a): 1 case
Chaney v. State, 464 So. 2d 1261 (Fla. 1st DCA 1985).
787.01(2): 57 cases
Lamont v. State, 610 So. 2d 435 (Fla. 1992).
Gibbs v. State, 623 So. 2d 551 (Fla. 4th DCA 1993).
Lamont v. State, 597 So. 2d 823 (Fla. 3d DCA 1992).
Cooper v. State, 800 So. 2d 243 (Fla. 2d DCA 2001).
Collins v. State, 800 So. 2d 660 (Fla. 2d DCA 2001).
787.01(3): 7 cases
In Re Stand. Jury Instructions in Crim. Cases—Report No. 2016-08, 211 So. 3d 995 (Fla. 2017).
McMaster-Wade v. State, 830 So. 2d 217 (Fla. 2d DCA 2002).
Stanley v. State, 112 So. 3d 718 (Fla. 2d DCA 2013).
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).
787.01(3)(a): 15 cases
Bishop v. State, 46 So. 3d 75 (Fla. 5th DCA 2010).
Stephen C. Hanf v. State of Florida, 182 So. 3d 704 (Fla. 1st DCA 2015).
Burdick v. State, 584 So. 2d 1035 (Fla. 1st DCA 1991).
Brinson v. State, 574 So. 2d 298 (Fla. 5th DCA 1991).
Bevans v. State, 75 So. 3d 345 (Fla. 1st DCA 2011).
787.01(3)(b): 1 case
Bishop v. State, 46 So. 3d 75 (Fla. 5th DCA 2010).
787.01(a): 6 cases
Harkins v. State, 380 So. 2d 524 (Fla. 5th DCA 1980).
Proko v. State, 566 So. 2d 918 (Fla. 5th DCA 1990).
Rodriguez v. State, 147 So. 3d 1066 (Fla. 3d DCA 2014).
Williamson v. State, 510 So. 2d 335 (Fla. 4th DCA 1987).
Rauso v. State, 425 So. 2d 618 (Fla. 4th DCA 1983).
787.01(a)(2): 3 cases
Allen v. State, 137 So. 3d 946 (Fla. 2013). “Section 787.01(1)(a), Florida Statutes (2005), defines kidnapping as the follows: The term “kidnapping” means forcibly, secretly, or by threat confining, abducting, or imprisoning another person against her or his will and without lawful authority, with intent to: 1.”
Maxwell v. State, 803 So. 2d 815 (Fla. 5th DCA 2001).
Margaret A. Allen v. State of Florida (Fla. 2014).
787.01(l)(a): 48 cases
Delgado v. State, 71 So. 3d 54 (Fla. 2011). “2008) (recognizing that "the plain text of section 787.01, Florida Statutes, could lead to potentially absurd results").”
& SC14-2278 Charles Grover Brant v. State of Florida & Charles Grover Brant v. Julie L. Jones, etc., 197 So. 3d 1051 (Fla. 2016). “Ineffective Assistance of Appellate Counsel for Failure to Challenge Denial of Motion to Dismiss Kidnapping Brant was charged in count three of the indictment with kidnapping by forcibly, secretly, or by threat, confining, abducting, or imprisoning the victim with the intent to…”
Davila v. State, 75 So. 3d 192 (Fla. 2011). “The conflict issue before us centers on whether a parent can lawfully be convicted of kidnapping his own child under section 787.01, Florida Statutes (2000). For the reasons expressed below, we approve the decision of the Third District in Davila to the extent that it held that…”
Conner v. State, 19 So. 3d 1117 (Fla. 2d DCA 2009). “(1997), and kidnapping, § 787.01, Fla. Stat. (1997). The trial court adjudged him to be guilty of both crimes and sentenced him to serve twenty-five years in prison on the attempted murder charge and life in prison on the kidnapping charge.”
Allen v. State, 137 So. 3d 946 (Fla. 2013). “Section 787.01(1)(a), Florida Statutes (2005), defines kidnapping as the follows: The term “kidnapping” means forcibly, secretly, or by threat confining, abducting, or imprisoning another person against her or his will and without lawful authority, with intent to: 1.”
787.01(l)(a)(2): 11 cases
Conner v. State, 19 So. 3d 1117 (Fla. 2d DCA 2009). “(1997), and kidnapping, § 787.01, Fla. Stat. (1997). The trial court adjudged him to be guilty of both crimes and sentenced him to serve twenty-five years in prison on the attempted murder charge and life in prison on the kidnapping charge.”
Aubrey Dennis Adams v. Louie L. Wainwright, & Jim Smith, 764 F.2d 1356 (11th Cir. 1985).
Kopsho v. State, 84 So. 3d 204 (Fla. 2012).
Delgado v. State, 71 So. 3d 54 (Fla. 2011). “2008) (recognizing that "the plain text of section 787.01, Florida Statutes, could lead to potentially absurd results").”
Kleppinger v. State, 81 So. 3d 547 (Fla. 2d DCA 2012).
787.01(l)(a)(2)(1985): 1 case
Ferguson v. State, 519 So. 2d 747 (Fla. 4th DCA 1988).
787.01(l)(a)(3): 8 cases
Conner v. State, 19 So. 3d 1117 (Fla. 2d DCA 2009). “(1997), and kidnapping, § 787.01, Fla. Stat. (1997). The trial court adjudged him to be guilty of both crimes and sentenced him to serve twenty-five years in prison on the attempted murder charge and life in prison on the kidnapping charge.”
Kopsho v. State, 84 So. 3d 204 (Fla. 2012).
Miller v. State, 123 So. 3d 595 (Fla. 2d DCA 2013).
Stanley v. State, 112 So. 3d 718 (Fla. 2d DCA 2013).
State v. Lujan, 911 P.2d 562 (Ariz. Ct. App. 1995).
787.01(l)(a)(4): 1 case
Knott v. State, 198 So. 3d 768 (Fla. 2d DCA 2016).
787.01(l)(a)(l): 1 case
Enix v. State, 69 So. 3d 354 (Fla. 2d DCA 2011).
787.01(l)(b): 4 cases
Davila v. State, 75 So. 3d 192 (Fla. 2011). “The conflict issue before us centers on whether a parent can lawfully be convicted of kidnapping his own child under section 787.01, Florida Statutes (2000). For the reasons expressed below, we approve the decision of the Third District in Davila to the extent that it held that…”
Delgado v. State, 71 So. 3d 54 (Fla. 2011). “2008) (recognizing that "the plain text of section 787.01, Florida Statutes, could lead to potentially absurd results").”
Bishop v. State, 46 So. 3d 75 (Fla. 5th DCA 2010).
State v. Davis, 668 So. 2d 323 (Fla. 3d DCA 1996).
787.01(l)(d): 1 case
Graham v. State, 169 So. 3d 123 (Fla. 3d DCA 2015).
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