Kidnapping and False Imprisonment Defense in Miami

Because the statutes are written so broadly, these charges are often added on top of other charges, and they can change the stakes of a case completely. Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. Our office answers 24 hours a day.

Kidnapping (Section 787.01)

Florida law defines kidnapping as "forcibly, secretly, or by threat confining, abducting, or imprisoning another person against her or his will and without lawful authority," with intent to:

1. Hold for ransom or reward or as a shield or hostage;
2. Commit or facilitate commission of any felony;
3. Inflict bodily harm upon or to terrorize the victim or another person; or
4. Interfere with the performance of any governmental or political function.

Kidnapping is a first-degree felony punishable by up to life in prison.

No distance or time requirement in the statute. The statute's words are "confining, abducting, or imprisoning." They do not require moving a person a long distance or holding them for a long time. That is why prosecutors sometimes add a kidnapping charge to cases where someone was held in a room, kept in a car, or moved a short distance during another crime.

When the confinement is just part of another crime. When the State relies on the intent to "commit or facilitate commission of any felony," such as a robbery or a sexual battery, a key defense question is whether the alleged confinement or movement was truly separate from that other crime, or was only part of it. That question is often one of the most important in the case.

Children under 13. Confinement of a child under 13 is "against her or his will" if it is without the consent of the child's parent or legal guardian. Kidnapping a child under 13 becomes a life felony if, in the course of the kidnapping, the person commits aggravated child abuse, sexual battery against the child, a listed lewd or lascivious offense, a listed prostitution-related offense, exploitation of the child, or a listed human trafficking offense. Chapter 2025-156, Laws of Florida, effective October 1, 2025, expanded the human trafficking item to include capital human trafficking of vulnerable persons for sexual exploitation. The court may impose separate sentences for the life felony and each of those offenses.

False Imprisonment (Section 787.02)

False imprisonment is "forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against her or his will." Unlike kidnapping, it does not require any of the four specific intents.

• False imprisonment is a third-degree felony (up to 5 years).
• Child under 13. If the person falsely imprisons a child under 13 and, in the course of it, commits one of the same listed offenses (aggravated child abuse, sexual battery, listed lewd or lascivious offenses, listed prostitution-related offenses, exploitation, or listed human trafficking offenses), it is a first-degree felony punishable by up to life. The same October 1, 2025 change applies here. As with kidnapping, confinement of a child under 13 without a parent's or guardian's consent is treated as against the child's will.

False imprisonment is sometimes charged as a lesser alternative to kidnapping, and sometimes on its own.

Interference With Custody (Section 787.03)

It is a third-degree felony to, without lawful authority, knowingly or recklessly take or entice a minor or incompetent person from the custody of a parent, guardian, public agency, or other lawful custodian, or to help someone do so.

When there is no court order. If there is no court order on custody or visitation, a parent, stepparent, legal guardian, or relative with custody commits a third-degree felony only if he or she takes, detains, conceals, or entices away the child "with malicious intent to deprive another person of his or her right to custody." A later custody order does not change whether the law applied at the time.

Defenses written into the statute. It is a defense that:

• The person had reasonable cause to believe the action was necessary to protect the child or incompetent person from danger to his or her welfare;
• The person was a victim of domestic violence, or had reasonable cause to believe he or she was about to become one, and reasonably believed the action was necessary to escape or protect himself or herself, or to keep the child from exposure to the domestic violence; or
• The child or incompetent person left at his or her own instigation, without enticement and without any purpose to commit a crime against them, and it was reasonable to rely on that.

The domestic violence shelter exception. The offense does not apply to a person with a legal right to custody who is a victim of domestic violence (or reasonably believes he or she is about to be), or who believes the action is necessary to protect the child, and who seeks shelter and takes the child along, if the person:

1. Within 10 days, reports to the sheriff's office or state attorney's office in the county where the child lived, giving the required information and the reasons;
2. Within a reasonable time, starts a custody proceeding consistent with the federal Parental Kidnapping Prevention Act or Florida's Uniform Child Custody Jurisdiction and Enforcement Act; and
3. Keeps that office informed of any change of address or telephone number.

Custody disputes that turn criminal often involve a family court case at the same time. What happens in one affects the other, and the steps above are time-sensitive.

Removing a Minor From the State or Concealing a Minor (Section 787.04)

It is a third-degree felony to take, entice, or remove a minor from Florida, or to conceal a minor's location:

• In violation of a court order, with personal knowledge of the order;
• With criminal intent, while a custody case is pending, after notice, and without the court's permission;
• Knowingly and willfully, while a dependency case or an abuse or neglect investigation or proceeding is pending, after notice, and without permission; or
• After taking the minor out of state with a court's permission, failing to produce or deliver the minor as the court ordered.

For taking or removing a minor from the state, it is a defense that the person reasonably believed the action was necessary to protect the minor from child abuse as defined by Florida law.

Federal Kidnapping (18 U.S.C. § 1201)

Federal law reaches anyone who "unlawfully seizes, confines, inveigles, decoys, kidnaps, abducts, or carries away and holds for ransom or reward or otherwise any person," except in the case of a minor by the parent (a person whose parental rights to the child were terminated by a final court order does not count as a parent), when, among other things, the person is willfully transported across state lines, or the offender travels in interstate commerce or uses the mail or any means, facility, or instrumentality of interstate commerce in committing the offense, or the offense happens in special federal jurisdiction or targets certain federal officials.

• The penalty is any term of years or life; if anyone dies, death or life imprisonment.
• Conspiracy with an overt act: any term of years or life. Attempt: up to 20 years.
• If the victim is under 18 and the offender is an adult who is not a parent, grandparent, brother, sister, aunt, uncle, or legal custodian, the sentence must include at least 20 years.
• If the victim is not released within 24 hours, the statute creates a rebuttable presumption that the victim was transported across state lines.

How We Defend Kidnapping and False Imprisonment Cases

• Intent. Kidnapping requires one of four specific intents. Without proof of one of them, kidnapping is not proven, even if the State can show some confinement.
• Incidental confinement. When the charge rides on another crime, we examine whether the confinement or movement was separate from that crime or merely part of it.
• Consent and lawful authority. Was the person free to leave? Did he or she agree to go? Did the accused have lawful authority, such as a custody right?
• What really happened. These cases often begin with an emotional 911 call. Phone records, texts, ride-share data, video, and the accounts of other witnesses can tell a different story.
• Custody cases. We look at what court orders existed, who had notice, and whether a statutory defense or the shelter exception applies.
• Statements and searches. Statements taken without proper warnings, and searches of phones and cars, are reviewed for suppression. See Motions to Suppress.

Related pages: Robbery & Carjacking, Domestic Violence, Human Trafficking, and Murder & Homicide. Kidnapping is a listed felony under Florida's felony murder law and under the 10-20-Life firearm law. See Gun & Weapons Charges.

Bond and Pretrial Detention

Kidnapping is on Florida's list of "dangerous crimes" for pretrial release. A person arrested for a dangerous crime cannot get nonmonetary release at first appearance once the judge finds probable cause, and for a dangerous crime that is a capital, life, or first-degree felony, once the court finds probable cause, the State or the court must move for pretrial detention. Because kidnapping is punishable by up to life, the Florida Constitution's exception to the right to pretrial release, for charges punishable by life when the proof is evident or the presumption great, can also come into play at an Arthur hearing. See Bond & Nebbia Hearings.

If the case involves a family or household member, a no-contact order and first-appearance rules for domestic violence cases may apply too. See Domestic Violence.

Turning Yourself In, and Immigration

• If there is a warrant, a planned surrender with a lawyer is safer and can help at the bond hearing. See Turning Yourself In.
• For non-citizens, kidnapping, false imprisonment, and custody-related convictions can carry serious immigration consequences. Talk to us before any plea. See Immigration Consequences.

What to Do if You Are Accused

1. Do not explain your side to the police. Ask for a lawyer.
2. Do not contact the alleged victim, directly or through others, even to apologize or to work things out.
3. In a custody situation, do not take further action with the child until you have legal advice. Bring every court order and message you have.
4. Preserve evidence: texts, call logs, location data, ride-share receipts, video, and names of witnesses.
5. Call us right away.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

Frequently Asked Questions

Can I be charged with kidnapping if I did not take the person anywhere?

Yes. The statute covers "confining, abducting, or imprisoning" with one of four listed intents. It does not set a minimum distance or time. Whether the confinement was separate from any other crime charged is a key defense question.

What is the difference between kidnapping and false imprisonment?

Kidnapping requires one of four specific intents, such as holding for ransom, committing a felony, or terrorizing. False imprisonment does not. Kidnapping is a first-degree felony punishable by life; false imprisonment is usually a third-degree felony.

Can a parent be charged for taking their own child?

Yes, in some situations: interference with custody, removing a minor from the state, or concealing a minor in violation of a court order. Florida law also lists defenses, including protection from danger or domestic violence, and a shelter exception with strict reporting steps.

Is kidnapping a federal crime?

It can be, under 18 U.S.C. § 1201, for example when a person is taken across state lines or interstate facilities are used. Federal law excludes a parent taking his or her own minor child from that statute, unless the parent's rights were terminated by a final court order.

Can I get bond on a kidnapping charge?

Often it is possible, but it is fought out at a hearing. Kidnapping is a "dangerous crime," and the State is required to move for pretrial detention in many cases.

How fast can you help?

Our office answers 24 hours a day. Call (305) 209-0384.