Kidnapping and False Imprisonment in Florida

The Confinement Crimes

Kidnapping and false imprisonment both punish confining or moving another person against their will, and the difference between them is largely one of purpose and degree. False imprisonment under section 787.02 is forcibly or secretly restraining someone against their will. Kidnapping under section 787.01 is the same kind of confinement, but done with one of several specific intents, such as to hold for ransom, to commit or facilitate a felony, to inflict harm or terrorize, or to interfere with a government function. Kidnapping is a first-degree felony punishable by life, while false imprisonment is a third-degree felony, so the line between them carries enormous weight.

Kidnapping versus false imprisonment

	Kidnapping (787.01)	False imprisonment (787.02)
The act	Confining, abducting, or imprisoning by force or threat	Forcibly or secretly restraining
The added element	A specific intent, such as to facilitate a felony	No special intent required
Level	First-degree felony, up to life	Third-degree felony

The Rule That Limits Kidnapping

The most important defense in many kidnapping cases is a rule that keeps the charge from being tacked onto every other crime. Because almost any robbery, sexual battery, or assault involves some brief restraint of the victim, Florida law holds that the confinement cannot support a separate kidnapping charge unless it goes beyond what is incidental to the other offense. Under the test the Florida Supreme Court set out in Faison v. State, 426 So. 2d 963 (Fla. 1983), the movement or confinement must not be slight or merely incidental to the other crime, must not be inherent in the nature of that crime, and must have some independent significance, such as making the other crime substantially easier to commit or lessening the risk of detection. A confinement that was brief and incidental to a robbery or battery often cannot stand as a separate kidnapping at all.

False Imprisonment and the Everyday Dispute

False imprisonment charges sometimes arise from situations that were never meant to be crimes: a heated domestic argument where one person blocked a doorway, a parent restraining a child, or a misunderstanding over who was free to leave. The statute requires an intentional and unlawful restraint against the person’s will, so consent, a privilege to act, a lawful purpose, or the absence of any real restraint can all defeat the charge. The context that the arrest report leaves out is frequently what the defense supplies.

Where These Cases Are Won

Kidnapping and false imprisonment charges turn on intent, the degree of confinement, and whether the restraint had any independent significance. Testing the confinement against the Faison test, examining whether the alleged intent existed, and supplying the context behind a chaotic incident are where these cases are shaped. When kidnapping is charged alongside another felony, defeating the separate kidnapping count can dramatically cut the exposure even if the underlying charge remains.

Related: Violent crimes overview, Robbery, carjacking, and home invasion, Domestic violence, and Challenging the evidence.

Common Questions

What is the difference between kidnapping and false imprisonment in Florida?

Both involve confining or restraining a person against their will. False imprisonment under section 787.02 requires only the forcible or secret restraint. Kidnapping under section 787.01 requires that same confinement plus a specific intent, such as to facilitate a felony, hold for ransom, terrorize, or interfere with a government function. Kidnapping is a first-degree felony punishable by life; false imprisonment is a third-degree felony.

Can I be charged with kidnapping if I only briefly held someone during another crime?

Often you should not be. Under the Faison test from the Florida Supreme Court, confinement that is slight, merely incidental to another crime like robbery or battery, or inherent in that crime cannot support a separate kidnapping charge. The confinement must have independent significance, such as substantially easing the other crime or reducing the risk of detection.

What defenses apply to a false imprisonment charge?

False imprisonment requires an intentional, unlawful restraint against the person's will, so consent, a lawful purpose or privilege, a parent's authority over a child, or the absence of any real restraint can all defeat it. These charges sometimes arise from heated domestic disputes or misunderstandings where no true confinement occurred.

How serious is a kidnapping charge in Florida?

It is among the most serious non-homicide charges. Kidnapping under section 787.01 is a first-degree felony punishable by up to life in prison, and it becomes even more serious with certain aggravating facts. Because of that exposure, defeating or reducing a kidnapping count, including under the Faison test, is often the central goal of the defense.

What if kidnapping is charged along with another crime?

That is exactly where the Faison test matters most. When kidnapping is added to a robbery, sexual battery, or battery, the defense can argue the confinement was incidental to that other crime and cannot stand as a separate kidnapping. Defeating the separate count can sharply reduce the exposure even when the underlying charge remains.

This page is general information about Florida law, not legal advice, and it does not create an attorney-client relationship. Kidnapping is a first-degree felony punishable by life, while false imprisonment is a third-degree felony. Penalties and procedures vary with the specific charge and facts, so confirm how the current law applies to your situation with counsel. Every case is different, and past results do not guarantee a similar outcome.