9.3(a) INTERFERENCE WITH CUSTODY FROM A PARENT, GUARDIAN, OR CUSTODIAN
Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.
- Instruction
- 9.3(a)
- Statute
- § 787.03(1), Fla. Stat
- Edition
- Florida Standard Jury Instructions in Criminal Cases, complete set published by The Florida Bar, updated October 9, 2026
- Official source
- The Florida Bar: criminal jury instructions
Elements
Quoted word for word from the official text. Florida Standard Jury Instructions in Criminal Cases, complete set published by The Florida Bar, updated October 9, 2026.
To prove the crime of Interference with Custody from a Parent, Guardian, or Custodian, the State must prove the following three elements beyond a reasonable doubt:
1. (Defendant) knowingly or recklessly [took or enticed] [aided, abetted, hired, or otherwise procured another to take or entice] (victim) from the custody of
Give a.–d. as applicable.
a. [his] [her] parent.
b. [his] [her] guardian.
c. a public agency having lawful charge of (victim).
d. a lawful custodian of (victim).
2. (Defendant) had no lawful authority to do so.
3. At the time, (victim) was [a person under 18 years of age] [an incompetent person].
Lesser-included offenses
As the instruction lists them, word for word.
INTERFERENCE WITH CUSTODY FROM A PARENT, GUARDIAN, OR CUSTODIAN — 787.03(1)
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| None | |||
| False Imprisonment | 787.02 | 9.2 | |
| Attempt* | 777.04(1) | 5.1 |
Related practice page
Kidnapping and False Imprisonment Defense in Miami
Official source: The Florida Bar: criminal jury instructions
Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.