787.02. False imprisonment; false imprisonment of child under age 13, aggravating circumstances

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FL ST § 787.02West's Florida Statutes AnnotatedTitle XLVI. Crimes (Chapters 775-899)Effective: June 30, 2015 (Approx. 2 pages)

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787.02. False imprisonment; false imprisonment of child under age 13, aggravating circumstances

FL ST § 787.02West's Florida Statutes AnnotatedTitle XLVI. Crimes (Chapters 775-899)Effective: June 30, 2015 (Approx. 2 pages)

West's Florida Statutes Annotated

Title XLVI. Crimes (Chapters 775-899)

Chapter 787. Kidnapping; Custody Offenses; Human Trafficking; and Related Offenses (Refs & Annos)

Effective: June 30, 2015

West's F.S.A. § 787.02

787.02. False imprisonment; false imprisonment of child under age 13, aggravating circumstances

Currentness

(1)(a) The term “false imprisonment” means forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against her or his will.

(b) Confinement of a child under the age of 13 is against her or his will within the meaning of this section if such confinement is without the consent of her or his parent or legal guardian.

(2) A person who commits the offense of false imprisonment is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3)(a) A person who commits the offense of false imprisonment upon a child under the age of 13 and who, in the course of committing the offense, commits any offense enumerated in subparagraphs 1.-5.,¹ commits a felony of the first degree, punishable by imprisonment for a term of years not exceeding life or as provided in s. 775.082, s. 775.083, or s. 775.084.

1. Aggravated child abuse, as defined in s. 827.03;

2. Sexual battery, as defined in chapter 794, against the child;

3. Lewd or lascivious battery, lewd or lascivious molestation, lewd or lascivious conduct, or lewd or lascivious exhibition, in violation of s. 800.04 or s. 847.0135(5);

4. A violation of former s. 796.03 or s. 796.04, relating to prostitution, upon the child;

5. Exploitation of the child or allowing the child to be exploited, in violation of s. 450.151; or

6. A violation of s. 787.06(3)(g) relating to human trafficking.

(b) Pursuant to s. 775.021(4), nothing contained herein shall be construed to prohibit the imposition of separate judgments and sentences for the first degree offense described in paragraph (a) and for each separate offense enumerated in subparagraphs (a)1.-5.

Credits

Added by Laws 1868, c. 1637, subc. 3, § 43; Rev.St.1892, § 2399; Gen.St.1906, § 3225; Rev.Gen.St.1920, § 5057; Comp.Gen.Laws 1927, § 7159; Laws 1971, c. 71-136, § 783; Fla.St.1973, § 805.01; Laws 1974, c. 74-383, § 23; Laws 1975, c. 75-298, § 13; Laws 1984, c. 84-238, § 1; Laws 1990, c. 90-120, § 2. Amended by Laws 1993, c. 93-156, § 1, eff. Oct. 1, 1993; Laws 1993, c. 93-227, §§ 2, 18, eff. Oct. 1, 1993; Laws 1996, c. 96-322, § 9, eff. Oct. 1, 1996; Laws 1997, c. 97-102, § 1814, eff. July 1, 1997; Laws 1999, c. 99-201, § 5, eff. Oct. 1, 1999; Laws 2000, c. 2000-246, § 3, eff. Oct. 1, 2000; Laws 2008, c. 2008-172, § 19, eff. Oct. 1, 2008; Laws 2014, c. 2014-160, § 20, eff. Oct. 1, 2014; Laws 2015, c. 2015-2, § 95, eff. June 30, 2015.

Footnotes

Laws 2014-160, § 20, added subpar. 6. to subsec. (3)(a), but did not change the reference to subparagraphs 1.-5.

West's F. S. A. § 787.02, FL ST § 787.02

Current with laws, joint and concurrent resolutions and memorials through June 13, 2024, in effect from the 2024 second regular session. Some statute sections may be more current, see credits for details. The statutes are subject to change as determined by the Florida Revisor of Statutes. (These changes will be incorporated later this year.)

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