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Florida State - Kidnapping

Kidnapping is the unlawful taking and holding of a person against their will. Although the term is commonly used to refer to the taking of children for ransom the crime applies to the detention of anyone with the intent to injure or threaten them. Also although commonly thought of together it is not necessary to show that ransom was the motive or even sought.

Florida criminal statutes defines kidnapping as follows :

    1. 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.
    2. 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 in775.082, 775.083, or 775.084.
    1. 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 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 800.04;
      4. A violation of 796.03 or 796.04, relating to prostitution upon the child; or
      5. Exploitation of the child of allowing the child to be exploited in violation of 450.151, commits a life felony, punishable as provided in 775.082, 775.083, or 775.084.
    2. Pursuant to 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.-5.

To prove the crime of kidnapping the state must prove the defendant forcibly, secretly, or by threat confined, abducted, or imprisoned the victim against his or her will, and where the defendant had no lawful authority to do so. The state must also prove that defendant acted with intent to hold for ransom ore reward or as a shield or hostage, or commit or facilitate commission of another felony, or inflict bodily harm upon or to terrorize the victim of another person, or to interfere with the performance of any governmental or political function. In order to be kidnapping the confinement, abduction, or imprisonment must not be slight, inconsequential, or merely incidental to the felony, must not be of the kind inherent in the nature of the felony, and must have some significance independent of the felony in that it makes the felony substantially easier of commission or substantially lessens the risk of detection.