false imprisonment explained


False imprisonment and kidnapping are two separate crimes.


Kidnapping, (Florida Statute §787.01), a forcible felony, is use of force, or is done in secret, or by use of threat to confine, abduct, or imprison a person against his or her will and with no legal authority to do so, with the intent to commit a felony or facilitate the committing of a felony.


False imprisonment, (Florida Statute §787.02) is the use of threat or force or secrecy to confine, abduct, imprison, or restrain an individual without legal authority to do so and against his or her will.


If you are convicted of kidnapping, you are guilty of a first-degree felony. If you are convicted of false imprisonment, you are guilty of a third-degree felony.


For the false imprisonment of a child younger than 13 years old, and while committing:

 

  1. False imprisonment;
  2. Aggravated child abuse;

 

  1. Sexual battery;
  2. Prostitution upon the child;
  3. Exploitation of or allowing the child to be exploited;
  4. Lewd or lascivious molestation;
  5. Lewd or lascivious battery;
  6. Lewd or lascivious conduct;or
  7. Lewd or lascivious exhibition,

the accused may be charged with a first-degree felony. Punishment may be life in prison or as stated in the Florida Statutes.


If you are convicted of kidnapping a child younger than 13 years old in conjunction with any of the above listed crimes, you may be charged with a life first-degree felony.


The Faison test, related to whether or not there was intent to commit a felony or intent to facilitate commission of a felony, was implemented via Faison v. State, 426 So. 2d 963 in 1983. It is a 3-prong test that can only be applied to a kidnapping charge.


Essentially, if you are charged with both kidnapping and false imprisonment, you could be charged with both, especially if the circumstances involves a child younger than 13 years of age and additional felonies as outlined above.

 

If you are in need of an attorney with false imprisonment experience, contact www.marybethcorn.com for a free consulation today.

 

The material on this page represents general legal advice. Since the law is continually changing, some of the provisions contained here may be out of date. It is always best to consult a criminal defense attorney about your legal rights and responsibilities regarding your particular case.