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 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.