Kidnapping is confining, abducting, or imprisoning a person against his will either forcibly, secretly, or by threat with the intent to hold a person for ransom or as a hostage, to commit a felony crime, to inflict bodily harm or terrorize, or to interfere with the performance of a governmental or political function. Kidnapping is either a First Degree Felony, punishable by Life in prison or a Life Felony, depending upon the age of the victim (above or below the age of 13) and the alleged intent of the person committing the kidnapping.

If a firearm is used during the course of the kidnapping, Florida’s 10/20/Life statute would apply (See Firearms Offenses). That means that a minimum sentence of 10 years to Life would apply, depending on whether or not the gun was fired or if a person was seriously injured.

A person may also be charged with the crime of False Imprisonment. False Imprisonment is confining, abducting, or imprisoning a person against his will either forcibly, secretly, or by threat. The difference between Kidnapping and False Imprisonment is that with False Imprisonment, the government does not have to prove the intentions of the person committing the crime. Because of this, the penalties for False Imprisonment are less than for Kidnapping. False Imprisonment is a Third Degree Felony, punishable by up to 5 years in prison, where the alleged victim is 13 years of age or older. Where the alleged victim is under 13 years of age, False Imprisonment is a First Degree Felony, punishable by up to 30 years in prison.

Kidnapping is one of the most serious offenses with which a person may be charged in the state of Florida and it is imperative that a person facing these charges is properly represented by a qualified and experienced criminal defense attorney, such as Richard Tendler. The difference between the penalties for Kidnapping and False Imprisonment are very great. It is extremely important that an attorney review and evaluate the government’s case to ensure that a person is charged with only those crimes that are appropriate under the facts, if at all.