9.3(b) INTERFERENCE WITH CUSTODY IN THE ABSENCE OF A COURT ORDER

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(b)
Statute
§ 787.03(2), 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 in the Absence of a Court Order, the State must prove the following five elements beyond a reasonable doubt:

1. (Defendant) took, detained, concealed, or enticed away (victim).

2. (Defendant) did so with malicious intent to deprive another person of [his] [her] right to custody of (victim).

3. At the time, (defendant) was a [natural or adoptive parent of (victim)] [stepparent of (victim)] [legal guardian of (victim)] [relative of (victim) who had custody of (victim).

4. At the time, there was no court order determining rights to custody or visitation with (victim).

5. 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 IN THE ABSENCE OF A COURT ORDER — 787.03(2)

CATEGORY ONECATEGORY TWOFLA. STAT.INS. NO.
None
False Imprisonment787.029.2
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.

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