What Is the Difference between Kidnapping and False Imprisonment?

Call the team at Weinstein Legal Team for a free and confidential case evaluation to review the unique facts surrounding your arrest, review your criminal history, gain information on possible penalties, and learn more about kidnapping vs. false imprisonment charges. Ask for defense attorney Matt Shafran and start working on your case today. The state's file grows while you wait. You do not have to prove your innocence, though. The state has to prove every element beyond a reasonable doubt, and Mr. Shafran's job is to test whether it can.

What Is the Difference between Kidnapping and False Imprisonment?

The legal definitions for kidnapping and false imprisonment are quite similar according to Florida law, making it easy for individuals to get confused regarding the differences between the two offenses.

According to Florida state statute 787.01, kidnapping is:

"Forcibly, secretly, or by threat confining, abducting, or imprisoning another person against her or his will and without lawful authority, with intent to:

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

Under Florida Statute 787.01(2), kidnapping is a first degree felony punishable by imprisonment for a term of years not exceeding life. It becomes a life felony under section 787.01(3)(a) where the victim is a child under 13 and the offender also commits one of the offenses listed there, which include aggravated child abuse, sexual battery, lewd or lascivious offenses, and human trafficking under section 787.06(3)(g) or (5).

According to Florida state statute 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."

Under Florida Statute 787.02(2), false imprisonment is a third degree felony. Section 787.02(3)(a) raises it to a first degree felony punishable by a term of years not exceeding life where the victim is a child under 13 and the offender also commits one of the same listed offenses.

The two definitions really are close, and the difference is the intent element. Section 787.01 requires proof that the confinement was carried out with one of four specific purposes. Section 787.02 requires no purpose at all.

Movement is the difference most people expect, but it is not what the statute requires. Section 787.01(1)(a) is satisfied by confining, abducting, or imprisoning a person, so a kidnapping conviction does not depend on the victim being moved anywhere at all. What section 787.01 requires and section 787.02 does not is the purpose: holding for ransom or reward or as a shield or hostage; committing or facilitating any felony; inflicting bodily harm on or terrorizing the victim or another person; or interfering with a governmental or political function.

Common examples of false imprisonment include:

• Locking another person in a room or closet against their will
• Using physical force to restrain another person in place for any period of time
• Tying a person up, or tying them in place to another object
• Failing to let someone out of a car when they ask to leave
• Blocking a person's exit from a room during an argument or altercation
• Failing to let a patient leave a nursing home, hospital, or medical office upon their request
• And more

How Long Do You Go to Jail for False Imprisonment?

Your potential sentencing upon conviction will vary depending on the unique factors of your case and whether you are facing charges for kidnapping vs. false imprisonment. As the less serious charge, the possible prison sentence for false imprisonment is not quite as long.

Prison sentencing for false imprisonment charges in Florida:

• False imprisonment under section 787.02(2) is a third degree felony: up to 5 years in prison under Florida Statute 775.082 and a fine of up to $5,000 under Florida Statute 775.083. A court can order probation instead of, or after, a shorter prison term, but a split sentence cannot exceed the 5-year statutory maximum in total.
• False imprisonment of a child under 13 under section 787.02(3)(a) is a first degree felony punishable by a term of years not exceeding life, with a fine of up to $10,000.

Prison sentencing for kidnapping charges in Florida:

• Kidnapping under section 787.01(2) is a first degree felony punishable by imprisonment for a term of years not exceeding life, so the ceiling is life rather than the ordinary 30-year cap that Florida Statute 775.082(3)(b)1. sets for a first degree felony, plus a fine of up to $10,000.
• Kidnapping that qualifies as a life felony under section 787.01(3)(a) carries up to life in prison and a fine of up to $15,000 under Florida Statute 775.083(1)(a).

What Type of Movement Is Sufficient for a Charge of Kidnapping?

Where the confinement or movement is alleged to have been done to facilitate another crime, Florida applies the three-part test the Florida Supreme Court adopted in Faison v. State, 426 So. 2d 963 (Fla. 1983). The movement or confinement:

• must not be slight, inconsequential, and merely incidental to the other crime;
• must not be of the kind inherent in the nature of the other crime; and
• must have some significance independent of the other crime, in that it makes the other crime substantially easier to commit or substantially lessens the risk of detection.

That test decides the room-to-room question. In Faison the court upheld kidnapping convictions where the defendant forced one victim from an office into a rear restroom and dragged another from a kitchen into a bedroom, because each move took the victim away from a window and away from a door she might have escaped through. Movement that is only part of committing the underlying offense does not qualify. Force, a threat of force, or a lie can each supply the movement; what the court examines is whether the movement did work of its own.
False imprisonment is a lesser included offense of kidnapping, which is why the two so often appear in the same case rather than in separate ones. The practical question is not which label the state starts with. It is whether the state can prove one of the four purposes in section 787.01(1)(a). If it cannot, what is left is false imprisonment.

No matter which crime you are facing charges for, kidnapping vs. false imprisonment, it is imperative that you contact a defense attorney such as Matt Shafran at Weinstein Legal Team right away. The state is currently working to secure a conviction against you, which in addition to a lengthy prison sentence may include penalties such as hefty court fines, mandated restitution to the victim(s), forfeiture of your weapons and firearms, the loss of your voting rights, and much more.

Schedule Your Free Legal Consultation

If you're facing charges of kidnapping or false imprisonment in Florida, contact the team at Weinstein Legal Team today and ask to speak with our experienced false imprisonment & kidnapping defense attorney Matt Shafran. Mr. Shafran will provide you with a free and confidential case evaluation to review the unique facts surrounding your charges, your past criminal history, and more. From there, you will receive advice regarding the best next steps and can begin building your defense.

Whether this is your first criminal offense, you are a repeat offender, are currently on parole or probation, or have other significant concerns, defense attorney Matt Shafran is here to help. Call the team at Weinstein Legal Team today for a free case evaluation and legal consultation.