October 2011 :: Jacksonville Criminal Defense Attorney Blog

CNN-school-zone-misspelled_20100810065728_2_320_240.JPG Kidnapping is defined by Florida Statute 787.01. The crime is defined by a number of factors, including the taking of another with the intent to do anything from use the victim as a hostage to intending to harm the victim (e.g. rape the victim of the kidnapping). In Florida, some crimes are not only defined by the actions, but also by the age of the individual and kidnapping is such a crime.

In Florida, kidnapping a child 13 years of age or younger consists of the taking of the child not just by force, secretly or by threat. In Florida, simply taking a child without the child’s parent or legal guardian’s consent is considered a kidnapping. Therefore, if you pick-up your friend’s child from school and you do not have the expressed permission of the child’s parent, then you have committed a kidnapping under Florida law.

Speak with a criminal lawyer about your rights and options if you have been charged with kidnapping.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Criminal Law , Kidnapping

In Florida, kidnapping is considered a crime that can be prosecuted by the State Attorney if the crime can be proven to the jury. In Florida, the State Attorney’s office actually brings the charge of the crime against the accused and then has the burden of proving its case. In presenting it’s case to the jury, the State Attorney must be able to prove all elements of the crime of kidnapping in order to prove the guilt of the accused. The elements of the crime of kidnapping are defined in Florida Statute 787.01.

Kidnapping is defined as, “Forcibly (e.g. grabbing), secretly (e.g. not informing the victim first), or by threat (e.g. telling the person that they will be killed if s/he does not go with you) confining, abducting, or imprisoning another person against his or her will and without lawful authority.” In addition to these factors, there must also be intent, meaning the mind frame is present to intentionally do the following:

1. Hold the individual for ransom or reward; or
2. Hold the individual as a shield or hostage; or
3. Inflict bodily harm upon the victim (e.g. taking with the intent to kill); or
4. Terrorize the victim or another person (e.g. holding a knife to the victim or taking the victim to threaten his/her parent); or
5. Commit or facilitate commission of any felony (e.g. forcibly taking another person to help in a robbery); or
6. Interfere with the performance of any governmental or political function (e.g. taking the child of a politician to stop him/her from signing a bill).

You should speak with a criminal lawyer to find out your rights and options if you have been charged with kidnapping.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Criminal Law , Kidnapping