Is the Crime of Kidnapping Different if the Victim is 13 Years Younger?
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.
Michael A. Atter
Former Prosecutor
Keith L. Maynard
Former Assistant Public Defender
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