Florida Criminal Law: Is the Crime of False Imprisonment a Felony or Misdemeanor?
False imprisonment of an individual in Florida is a felony. Florida felonies are separated into different categories or degrees, each degree carries a different punishment. Punishments for a felony are determined and defined by Florida Statute and the State Attorney must present its case to meet the standards or elements of the crime for a verdict to be passed by a jury for the level of the degree of felony.
In a false imprisonment case, false imprisonment of an individual is considered a felony of the third degree. Under Florida Statute 775.082 a third degree felony is punishable with up to five years in prison and a $5,000 fine. However, it is a first degree felony, punishable by imprisonment not exceeding life, if the false imprisonment is of a child less than 13 years of age and one the following is also done to the child:
1. Aggravated child abuse;
2. Sexual battery;
3. Lewd or lascivious battery, lewd or lascivious molestation, lewd or lascivious conduct, or lewd or lascivious exhibition;
4. Prostitution of the child (e.g. human trafficking); or
5. Lewd or lascivious battery, lewd or lascivious molestation, lewd or lascivious conduct, or lewd or lascivious exhibition.
If you are charged with false imprisonment, then you should speak with a criminal law attorney about your possible defenses and options.
Michael A. Atter
Former Prosecutor
Keith L. Maynard
Former Assistant Public Defender
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