Kidnapping is the abduction of another person against his or her will without lawful authority, with the intent to collect a ransom, use the person as a hostage, inflict harm on or terrorize the person, or use the person as leverage. To prove the criminal violation of Kidnapping, the State Attorney must prove beyond a reasonable doubt that the criminal suspect forcibly, secretly, or by threat confined, abducted, or imprisoned the victim against his or her will, and that the criminal suspect had no lawful authority to do so. Often, the criminal suspect will kidnap a person with the intent to hold him or her for ransom or reward or as a shield or hostage. The criminal suspect may kidnap with intent to commit or facilitate commission of a felony. In this circumstance, 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. Kidnapping also occurs with the intent to inflict bodily harm upon or terrorize the victim or another person, or to interfere with the performance of any governmental or political function. Confinement of a child under the age of 13 is against his or her will if such confinement is without the consent of his or her parent or legal guardian. False Imprisonment is forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against his or her will for any period of time. To prove the criminal violation of False Imprisonment, the State Attorney must prove beyond a reasonable doubt that the criminal suspect forcibly, secretly, or by threat confined, abducted, imprisoned, or restrained the victim against his or her will and that the criminal suspect had no lawful authority to do so. Confinement of a child under the age of 13 is against his or her will if such confinement is without the consent of his or her parent or legal guardian. Luring or Enticing a Child occurs where a person 18 years of age or older intentionally lures, entices, or attempts to lure or entice a child under the age of 12 into a structure, dwelling, or conveyance for an illegal purpose. If you have been arrested or criminally charged with Kidnapping, False Imprisonment, Luring or Enticing a Child, or a Custody Offense, it would be advantageous to call a criminal defense attorney to discuss your rights as the defendant in a criminal law case. Criminal Defense Attorney Kenneth P. Hassett of Hassett and Associates, P.A. is an experienced Kidnapping Lawyer who has been practicing since 1991 in Miami Dade County, Fort Lauderdale, and Broward County. Criminal defense lawyers can defend you against the criminal charges of the state criminal attorney. Kenneth P. Hassett is a criminal lawyer who will defend you against the State Attorney’s charges and fight hard to get them dismissed or get you acquitted. Call Hassett and Associates, P.A. 24 hours per day seven days per week for an immediate free consultation with a Miami Kidnapping Defense Attorney.
The information on this page does not represent legal advice. Florida Statues obtained from Online Sunshine, www.leg.state.fl.us, the official site of the Florida Legislature. Because the law is continually changing, some of the provisions contained herein may be out of date. It is always wise to seek counsel from an experienced criminal attorney like Kenneth Hassett.
If you have been charged as an Accessory After the Fact or a Principal in the First Degree to a criminal offense in Broward or Miami-Dade County, call Criminal Defense Attorney Kenneth P. Hassett.