Florida Statute 787.1 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title XLVI
CRIMES

Chapter 787
KIDNAPPING; CUSTODY OFFENSES; HUMAN TRAFFICKING; AND RELATED OFFENSES

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F.S. 787.01

787.01 Kidnapping; kidnapping of child under age 13, aggravating circumstances.—

(1)(a) The term “kidnapping” means 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.

4. Interfere with the performance of any governmental or political function.

(b) Confinement of a child under the age of 13 is against her or his will within the meaning of this subsection if such confinement is without the consent of her or his parent or legal guardian.

(2) A person who kidnaps a person is guilty of a felony of the first degree, punishable by imprisonment for a term of years not exceeding life or as provided in s. 775.082, s. 775.083, or s. 775.084.

(3)(a) A person who commits the offense of kidnapping upon a child under the age of 13 and who, in the course of committing the offense, commits one or more of the following:

1. Aggravated child abuse, as defined in s. 827.03;

2. Sexual battery, as defined in chapter 794, against the child;

3. Lewd or lascivious battery, lewd or lascivious molestation, lewd or lascivious conduct, or lewd or lascivious exhibition, in violation of s. 800.04 or s. 847.0135(5);

4. A violation of former s. 796.03 or s. 796.04, relating to prostitution, upon the child;

5. Exploitation of the child or allowing the child to be exploited, in violation of s. 450.151; or

6. A violation of s. 787.06(3)(g), relating to human trafficking,

commits a life felony, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(b) Pursuant to s. 775.021(4), nothing contained herein shall be construed to prohibit the imposition of separate judgments and sentences for the life felony described in paragraph (a) and for each separate offense enumerated in subparagraphs (a)1.-5.

History.—s. 1, ch. 5907, 1909; RGS 5058; CGL 7160; s. 1, ch 16063, 1933; s. 784, ch. 71-136; s. 8, ch. 72-724; s. 22, ch 74-383; s. 12, ch. 75-298; s. 1, ch. 77-174; s. 1, ch. 84-238; s. 2, ch. 90-120; s. 2, ch. 93-227; s. 9, ch. 96-322; s. 1813, ch. 97-102; s. 4, ch. 99-201; s. 3, ch. 2000-246; s. 18, ch. 2008-172; s. 19, ch. 2014-160.

Note.—Former s. 805.02.

F.S. 787.01 on Google Scholar

F.S. 787.01 on CourtListener

Amendments to 787.01

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 787.01

Level: Degree
Misdemeanor/Felony: First/Second/Third

S787.01 1a1 - KIDNAP MINOR FOR RANSOM - OR REWARD OR SHIELD OR HOSTAGE - F: F

S787.01 1a1 - KIDNAP ADULT FOR RANSOM - OR REWARD OR SHIELD OR HOSTAGE - F: F

S787.01 1a2 - KIDNAP - COMMIT OR FACILITATE COMMISSION OF FELONY - F: F

S787.01 1a3 - KIDNAP - INFLICT BODILY HARM OR TERRORIZE VICT OR OTHER - F: F

S787.01 1a4 - KIDNAP - INTERFERE W GOVERNMENT OR POLITICAL FUNCTION - F: F

S787.01 1b - KIDNAP MINOR - CONFINE CHILD UND 13 YOA WO CONSENT OF PARENT - F: F

S787.01 2 - KIDNAP - KIDNAP ANOTHER PERSON - F: F

S787.01 3a1 - KIDNAP MINOR - UNDER 13 YEARS OF AGE COMMIT AGGRAVATED ABUSE - F: L

S787.01 3a2 - KIDNAP MINOR TO SEXUALLY ASSLT - UNDER 13 YOA SEXUAL BATTERY - F: L

S787.01 3a3 - KIDNAP MINOR - UND 13 YOA LEWD LASCIVIOUS INDECENT ASSLT ACT - F: L

S787.01 3a4 - KIDNAP MINOR - UNDER 13 YOA AND FORCE INTO PROSTITUTION - F: L

S787.01 3a5 - KIDNAP MINOR - UNDER 13 YOA AND EXPLOIT OR ALLOW EXPLOITATION - F: L

Cases Citing Statute 787.01

Total Results: 305

Faison v. State

426 So. 2d 963

Supreme Court of Florida | Filed: Feb 10, 1983 | Docket: 1283143

Cited 131 times | Published

the Fifth District Court of Appeal construed section 787.01 and reasoned that, if it were literally applied

Boyd v. State

910 So. 2d 167, 2005 WL 318568

Supreme Court of Florida | Filed: Jun 16, 2005 | Docket: 751955

Cited 112 times | Published

acquittal as to the armed kidnapping charge. Section 787.01(1)(a), Florida Statutes (1997), defines kidnapping

Crain v. State

894 So. 2d 59, 2004 WL 2404057

Supreme Court of Florida | Filed: Oct 28, 2004 | Docket: 1767692

Cited 106 times | Published

a felony, to wit, homicide" in violation of section 787.01(1)(a)(2), Florida Statutes (1997). The kidnapping

Walls v. State

641 So. 2d 381, 1994 WL 318623

Supreme Court of Florida | Filed: Jul 7, 1994 | Docket: 1152338

Cited 105 times | Published

inflicting bodily harm and terrorizing his victim. See § 787.01, Fla. Stat. (1991). Moreover, the confinement

Anderson v. State

841 So. 2d 390, 2003 WL 124468

Supreme Court of Florida | Filed: Jan 16, 2003 | Docket: 1656636

Cited 85 times | Published

felony aggravator is unconstitutional. [2] Section 787.01(1)(a), Florida Statutes (1993), provides, in

Sochor v. State

619 So. 2d 285, 1993 WL 142087

Supreme Court of Florida | Filed: May 6, 1993 | Docket: 1381687

Cited 85 times | Published

State, 425 So.2d 219 (Fla. 2d DCA 1983); see § 787.01, Fla. Stat. (1989). Although the trial court instructed

Chavez v. State

832 So. 2d 730, 2002 WL 31642373

Supreme Court of Florida | Filed: Nov 21, 2002 | Docket: 75262

Cited 79 times | Published

offense of kidnapping Jimmy Ryce. As provided in section 787.01(1)(a)(2)-(3), Florida Statutes (1995), "[t]he

Guideone Elite Insurance v. Old Cutler Presbyterian Church, Inc.

420 F.3d 1317, 2005 U.S. App. LEXIS 17616, 2005 WL 2000183

Court of Appeals for the Eleventh Circuit | Filed: Aug 19, 2005 | Docket: 226229

Cited 75 times | Published

imprisoned the Victim and her children pursuant to section 787.01, and violated section 787.02 by kidnapping

Henyard v. State

689 So. 2d 239, 1996 WL 726875

Supreme Court of Florida | Filed: Dec 19, 1996 | Docket: 2452157

Cited 75 times | Published

counts of armed kidnapping in violation of section 787.01, Florida Statutes (1995), one count of sexual

The Florida Bar Re: Standard Jury Instructions Criminal Cases

477 So. 2d 985, 10 Fla. L. Weekly 557, 1985 Fla. LEXIS 3922

Supreme Court of Florida | Filed: Oct 10, 1985 | Docket: 1320378

Cited 72 times | Published

KIDNAPPING F.S. 787.01 Before you can find

Aubrey Dennis Adams v. Louie L. Wainwright, and Jim Smith

764 F.2d 1356, 1985 U.S. App. LEXIS 30797

Court of Appeals for the Eleventh Circuit | Filed: Jun 17, 1985 | Docket: 572744

Cited 72 times | Published

kidnapping charge. See Fla.Stat. § 787.01(l)(a)(2) (defining "kidnapping” to include forcibly

Johnson v. State

969 So. 2d 938, 2007 WL 1933048

Supreme Court of Florida | Filed: Jul 5, 2007 | Docket: 1403693

Cited 55 times | Published

performance of any governmental or political function. § 787.01(1)(a), Fla. Stat. (2006). Johnson asserts that

Lamont v. State

610 So. 2d 435, 1992 WL 381740

Supreme Court of Florida | Filed: Dec 24, 1992 | Docket: 1734783

Cited 50 times | Published

firearm, a first-degree felony, pursuant to section 787.01(2), Florida Statutes (1989), which was reclassified

Pearce v. State

880 So. 2d 561, 2004 WL 1469337

Supreme Court of Florida | Filed: Jul 1, 2004 | Docket: 1689202

Cited 48 times | Published

or terrorize the victims or another person. See § 787.01(1)(a), Fla. Stat. (1999). Both Havner and Tuttle

Justus v. State

438 So. 2d 358

Supreme Court of Florida | Filed: Sep 1, 1983 | Docket: 1445923

Cited 46 times | Published

indictment. Appellant was charged with violating section 787.01(1)(a), Florida Statutes (1977), which provides:

Gurganus v. State

451 So. 2d 817

Supreme Court of Florida | Filed: May 3, 1984 | Docket: 1741291

Cited 44 times | Published

performance of any governmental or political function. § 787.01(1)(a), Fla. Stat. (1981). It is clear that each

United States v. Edwin DeShazior

882 F.3d 1352

Court of Appeals for the Eleventh Circuit | Filed: Feb 20, 2018 | Docket: 6310108

Cited 42 times | Published

conviction for kidnapping under Fla. Stat. § 787.01 is also a qualifying violent felony.

Mobley v. State

409 So. 2d 1031

Supreme Court of Florida | Filed: Jan 28, 1982 | Docket: 1307693

Cited 38 times | Published

convicted under Florida's new kidnapping statute, section 787.01, Florida Statutes (1979),[1] which has not

Fitch v. State

185 So. 435, 135 Fla. 361, 125 A.L.R. 360, 1938 Fla. LEXIS 1562

Supreme Court of Florida | Filed: Dec 28, 1938 | Docket: 3265762

Cited 38 times | Published

creates a partial exception to that doctrine. "Section 787. 1. Defintion. — Where the same act is within

Rogers v. State

660 So. 2d 237, 1995 WL 273939

Supreme Court of Florida | Filed: May 11, 1995 | Docket: 1633043

Cited 35 times | Published

against his will and without lawful authority." § 787.01(1)(a), Fla. Stat. (1989). The evidence introduced

Peede v. State

474 So. 2d 808, 10 Fla. L. Weekly 397

Supreme Court of Florida | Filed: Aug 15, 1985 | Docket: 472255

Cited 34 times | Published

for the state's felony murder theory. Under section 787.01(1)(a), Florida Statutes (1983), it was necessary

Thomas v. State

894 So. 2d 126, 29 Fla. L. Weekly Fed. S 708

Supreme Court of Florida | Filed: Nov 18, 2004 | Docket: 1767876

Cited 32 times | Published

judgment of acquittal for the kidnapping charge. Section 787.01(1)(a), Florida Statutes (1997), states in pertinent

Linehan v. State

442 So. 2d 244

District Court of Appeal of Florida | Filed: Nov 9, 1983 | Docket: 18334

Cited 32 times | Published

act of confining, abducting or imprisoning, section 787.01, Florida Statutes (1981). Thus, to be a "specific

State v. Robinson

873 So. 2d 1205, 2004 WL 524922

Supreme Court of Florida | Filed: Mar 18, 2004 | Docket: 412380

Cited 31 times | Published

by definition contain a sexual component. See § 787.01, Fla. Stat. (1999) (defining kidnapping). Neither

Bedford v. State

589 So. 2d 245, 1991 WL 201666

Supreme Court of Florida | Filed: Oct 10, 1991 | Docket: 1441201

Cited 31 times | Published

harm upon or to terrorize her, in violation of section 787.01(1)(a), (3), Florida Statutes (1987). First

Garzon v. State

939 So. 2d 278, 2006 WL 2956549

District Court of Appeal of Florida | Filed: Oct 18, 2006 | Docket: 1657339

Cited 30 times | Published

to inflict bodily harm or to terrorize her." Section 787.01(1)(a), Florida Statutes (2004), provides four

Berry v. State

668 So. 2d 967, 1996 WL 84209

Supreme Court of Florida | Filed: Feb 29, 1996 | Docket: 57313

Cited 30 times | Published

to support a conviction for kidnapping under section 787.01(1)(a)2, Florida Statutes (1993). The district

Fleming v. State

374 So. 2d 954

Supreme Court of Florida | Filed: Jun 14, 1979 | Docket: 412773

Cited 30 times | Published

Florida Statutes; (V) kidnapping of Johnson, section 787.01, Florida Statutes; (VI) attempted first degree

Harkins v. State

380 So. 2d 524

District Court of Appeal of Florida | Filed: Feb 27, 1980 | Docket: 488681

Cited 29 times | Published

21-3420, which is similar in many respects to section 787.01, Florida Statutes (1975).[1] *528 The Kansas

TAI A. PHAM v. State

70 So. 3d 485, 36 Fla. L. Weekly Supp. 259, 2011 Fla. LEXIS 1346, 2011 WL 2374834

Supreme Court of Florida | Filed: Jun 16, 2011 | Docket: 2356724

Cited 28 times | Published

777.04(1), 782.04(1)(a), Fla. Stat. (2005). [8] § 787.01(1)(a)2, § 775.087(1), § 775.087(2)(a)1., Fla.

Mills v. State

407 So. 2d 218

District Court of Appeal of Florida | Filed: Dec 8, 1981 | Docket: 408052

Cited 27 times | Published

car supports the conviction for kidnapping. Section 787.01(1)(a), Florida Statutes (1975), provides, in

Mills v. State

407 So. 2d 218

District Court of Appeal of Florida | Filed: Dec 8, 1981 | Docket: 408052

Cited 27 times | Published

car supports the conviction for kidnapping. Section 787.01(1)(a), Florida Statutes (1975), provides, in

Sochor v. State

580 So. 2d 595, 1991 WL 66651

Supreme Court of Florida | Filed: May 2, 1991 | Docket: 1716447

Cited 25 times | Published

State, 425 So.2d 219 (Fla. 2d DCA 1983); see § 787.01, Fla. Stat. (1989). Although the trial court instructed

Conahan v. State

844 So. 2d 629, 2003 WL 124482

Supreme Court of Florida | Filed: Jan 16, 2003 | Docket: 1197255

Cited 22 times | Published

the trier of fact in the guilt phase. [5] Section 787.01(1)(a), Florida Statutes (1995), defines kidnapping

Griffin v. State

820 So. 2d 906, 2002 WL 1066593

Supreme Court of Florida | Filed: May 30, 2002 | Docket: 352296

Cited 21 times | Published

applicable is the motive. On the other hand, section 787.01(1)(a), Florida Statutes (2001), defines kidnapping

Larry Williams v. Harry K. Singletary

78 F.3d 1510, 1996 U.S. App. LEXIS 6071, 1996 WL 115485

Court of Appeals for the Eleventh Circuit | Filed: Apr 1, 1996 | Docket: 606291

Cited 21 times | Published

weapon); (2) Kidnapping contrary to Fla.Stat. § 787.01 (convicted of lesser included offense of assault);

State v. Sanborn

533 So. 2d 1169, 1988 WL 125260

Supreme Court of Florida | Filed: Nov 23, 1988 | Docket: 417781

Cited 21 times | Published

disapprove Williamson. The pertinent parts of section 787.01, Florida Statutes (1987), concerning the offense

Griffin v. State

705 So. 2d 572, 1998 WL 27592

District Court of Appeal of Florida | Filed: Jan 28, 1998 | Docket: 1580295

Cited 19 times | Published

commit or facilitate commission of any felony," § 787.01(1)(a)2, Fla. Stat. (1995), "does not include movement

Friend v. State

385 So. 2d 696

District Court of Appeal of Florida | Filed: Jun 19, 1980 | Docket: 371176

Cited 19 times | Published

the kidnapping convictions should be reversed. § 787.01, Florida Statutes (1977). The record evidence

United States v. Fernando Fernandez, Rafael Enrique Franjul, A/K/A Frank Sinatra, Defendants

797 F.2d 943, 21 Fed. R. Serv. 557, 1986 U.S. App. LEXIS 29017

Court of Appeals for the Eleventh Circuit | Filed: Aug 26, 1986 | Docket: 970756

Cited 16 times | Published

bodily harm upon him. See Fla.Stat. Ann. § 787.01(l)(a) (Supp.1986) (Florida kidnapping statute)

Mondesir v. State

814 So. 2d 1172, 2002 WL 561685

District Court of Appeal of Florida | Filed: Apr 17, 2002 | Docket: 1717951

Cited 15 times | Published

I), kidnaping with a firearm in violation of section 787.01, Florida Statutes (1999), (count II), car jacking

Simmons v. State

790 So. 2d 1177, 2001 WL 811042

District Court of Appeal of Florida | Filed: Jul 18, 2001 | Docket: 1734296

Cited 15 times | Published

raised below and was consequently waived. [6] Section 787.01, Florida Statutes (1997), reads as follows:

Burdick v. State

584 So. 2d 1035, 1991 WL 138126

District Court of Appeal of Florida | Filed: Jul 25, 1991 | Docket: 466691

Cited 14 times | Published

prescribing the penalty for life felonies. See, e.g., Section 787.01(3)(a)5., Fla. Stat. (1980) (kidnapping); Section

Kentrell F. Johnson v. State of Florida

238 So. 3d 726

Supreme Court of Florida | Filed: Mar 15, 2018 | Docket: 6334992

Cited 13 times | Published

Johnson's conviction was based was the kidnapping. § 787.01(1)(a)2., Fla. Stat. (2010). Even if Johnson did

LaFleur v. State

661 So. 2d 346, 1995 WL 581359

District Court of Appeal of Florida | Filed: Oct 5, 1995 | Docket: 1526472

Cited 13 times | Published

consent of his parent or legal guardian.[e.s.] § 787.01(1), Fla. Stat. (1993). In Johnson, the natural

Williams v. State

650 So. 2d 1054, 1995 WL 49117

District Court of Appeal of Florida | Filed: Feb 9, 1995 | Docket: 1345759

Cited 13 times | Published

life when, in actuality, it is a life felony. See § 787.01(2), Fla. Stat. (1993) (making kidnapping a first-degree

Gould v. State

558 So. 2d 481, 1990 WL 27935

District Court of Appeal of Florida | Filed: Mar 14, 1990 | Docket: 1407743

Cited 13 times | Published

commit or facilitate the commission of a felony. § 787.01, Fla. Stat. (1985). To support a conviction for

State v. Smith

840 So. 2d 987, 2003 WL 252117

Supreme Court of Florida | Filed: Feb 6, 2003 | Docket: 2513778

Cited 12 times | Published

imprisonment statute. Kidnapping is defined in section 787.01(1)(a), Florida Statutes (1997), as follows:

Braggs v. State

789 So. 2d 1151, 2001 WL 746642

District Court of Appeal of Florida | Filed: Jul 5, 2001 | Docket: 2546678

Cited 12 times | Published

convictions. We agree. Braggs was charged under section 787.01(1)(a)2., Florida Statutes (1997), with kidnapping

Carter v. State

762 So. 2d 1024, 2000 WL 986373

District Court of Appeal of Florida | Filed: Jul 19, 2000 | Docket: 1311469

Cited 12 times | Published

terrorize the victim or another person. . . . . § 787.01, Fla. Stat. (Supp.1996). Paragraph three criminalizes

Gibbs v. State

623 So. 2d 551, 1993 WL 302680

District Court of Appeal of Florida | Filed: Aug 11, 1993 | Docket: 1658483

Cited 12 times | Published

terrorize PHYLLIS E. STINSON, contrary to Florida Statute 787.01(1)(a). In order for a three year mandatory

Kennedy v. State

564 So. 2d 1127, 1990 WL 89757

District Court of Appeal of Florida | Filed: Jun 26, 1990 | Docket: 1294275

Cited 12 times | Published

commission" of robbery or grand theft contrary to section 787.01(1)(a)(2), Florida Statutes. The Florida Supreme

Wilkins v. State

543 So. 2d 800, 1989 WL 41186

District Court of Appeal of Florida | Filed: Apr 27, 1989 | Docket: 1729807

Cited 12 times | Published

299, 52 S.Ct. 180, 76 L.Ed. 306 (1932). [3] Section 787.01, Florida Statutes (1987) provides as follows:

Williamson v. State

510 So. 2d 335, 12 Fla. L. Weekly 1656

District Court of Appeal of Florida | Filed: Jul 8, 1987 | Docket: 1754173

Cited 12 times | Published

Accepting that premise an intent (other than Section 787.01(a) motives) must be alleged in the accusatory

Fitzpatrick v. State

437 So. 2d 1072

Supreme Court of Florida | Filed: Jul 21, 1983 | Docket: 386518

Cited 12 times | Published

intent of holding him as a shield or hostage. See § 787.01(1)(a)1, Fla. Stat. (1979). Since there is sufficient

Bass v. State

380 So. 2d 1181

District Court of Appeal of Florida | Filed: Mar 12, 1980 | Docket: 1725606

Cited 12 times | Published

(Fla. 5th DCA, 1980), this court construed Section 787.01, Florida Statutes as not including movement

Rohan v. State

696 So. 2d 901, 1997 WL 361278

District Court of Appeal of Florida | Filed: Jul 2, 1997 | Docket: 1325884

Cited 11 times | Published

rationale of Faison is that the conduct element of section 787.01(1)(a)"confining, abducting, or imprisoning

Proko v. State

566 So. 2d 918, 1990 WL 130226

District Court of Appeal of Florida | Filed: Sep 13, 1990 | Docket: 547481

Cited 11 times | Published

stated in dicta that "an intent (other than section 787.01(a) motives) must be alleged in the accusatory

Cheng Na-Yuet v. Hueston

734 F. Supp. 988, 1990 WL 43082

District Court, S.D. Florida | Filed: Mar 28, 1990 | Docket: 1312327

Cited 11 times | Published

a term of years not to exceed life. Fla.Stat. § 787.01(2). Federal law, likewise, provides that kidnapping

Jones v. State

385 So. 2d 1042

District Court of Appeal of Florida | Filed: Jun 9, 1980 | Docket: 1337139

Cited 11 times | Published

felony, in violation of Florida Statute 787.01. (Emphasis added) Section 787.01(1)(a), Florida Statutes

Kopsho v. State

84 So. 3d 204, 37 Fla. L. Weekly Supp. 149, 2012 WL 652790, 2012 Fla. LEXIS 454

Supreme Court of Florida | Filed: Mar 1, 2012 | Docket: 60306683

Cited 10 times | Published

and 787.01(l)(a)(3), Florida Statutes (2000). Section 787.01(l)(a) defines kidnapping as: forcibly, secretly

Sutton v. State

834 So. 2d 332, 2003 WL 19938

District Court of Appeal of Florida | Filed: Jan 3, 2003 | Docket: 113657

Cited 10 times | Published

In Faison, the defendant was charged under section 787.01(1)(a)2., Florida Statutes, which provides that

McLean v. State

754 So. 2d 176, 2000 WL 345774

District Court of Appeal of Florida | Filed: Apr 5, 2000 | Docket: 431309

Cited 10 times | Published

support his conviction for kidnapping. We agree. Section 787.01(1)(a), Florida Statutes (Supp.1996), states

Dowling v. State

723 So. 2d 307, 1998 WL 821753

District Court of Appeal of Florida | Filed: Nov 12, 1998 | Docket: 1319447

Cited 10 times | Published

language referred to the kidnapping statute, section 787.01, which contained the following specific intent

Hayes v. State

598 So. 2d 135, 1992 WL 75655

District Court of Appeal of Florida | Filed: Apr 17, 1992 | Docket: 1737594

Cited 10 times | Published

years not exceeding life. However, pursuant to section 787.01(2), Florida Statutes, kidnapping is punishable

Keller v. State

586 So. 2d 1258, 1991 WL 191586

District Court of Appeal of Florida | Filed: Sep 26, 1991 | Docket: 1487548

Cited 10 times | Published

no objection was made to their testimony. [6] § 787.01(1)(a), Fla. Stat. (1987). [7] § 787.02(1)(a)

Brown v. State

508 So. 2d 522, 12 Fla. L. Weekly 1477

District Court of Appeal of Florida | Filed: Jun 10, 1987 | Docket: 1154017

Cited 10 times | Published

intent to inflict bodily harm upon the victim. § 787.01(1)(a)(3), Fla. Stat. (1985). Where a statutory

Carron v. State

427 So. 2d 192

Supreme Court of Florida | Filed: Feb 10, 1983 | Docket: 1648132

Cited 10 times | Published

jury instructions under a charge of violating section 787.01(1)(a)2, Florida Statutes (1979). In the case

Simpkins v. State

395 So. 2d 625

District Court of Appeal of Florida | Filed: Mar 25, 1981 | Docket: 371256

Cited 10 times | Published

kidnapping within the meaning of the statute, Section 787.01, Florida Statutes. The same result was reached

Ayendes v. State

385 So. 2d 698

District Court of Appeal of Florida | Filed: Jun 19, 1980 | Docket: 1700626

Cited 10 times | Published

appellant's conduct was within the intended purview of § 787.01, Florida Statutes, and affirm the judgment appealed

Sanders v. State

905 So. 2d 271, 2005 WL 1539705

District Court of Appeal of Florida | Filed: Jul 1, 2005 | Docket: 57321

Cited 9 times | Published

kidnapping to facilitate a felony, in violation of section 787.01, Florida Statutes (2001); burglary with an

Johnson v. State

637 So. 2d 3, 1994 WL 146542

District Court of Appeal of Florida | Filed: Apr 26, 1994 | Docket: 422614

Cited 9 times | Published

kidnapping Tinequa as he was her biological parent. Section 787.01(1)(a), Florida Statutes (1991) provides: "The

Newton v. State

581 So. 2d 212, 1991 WL 92967

District Court of Appeal of Florida | Filed: Jun 5, 1991 | Docket: 470660

Cited 9 times | Published

convicted of four counts of kidnapping pursuant to section 787.01(1)(a), Florida Statutes, and these convictions

Newton v. State

581 So. 2d 212, 1991 WL 92967

District Court of Appeal of Florida | Filed: Jun 5, 1991 | Docket: 470660

Cited 9 times | Published

convicted of four counts of kidnapping pursuant to section 787.01(1)(a), Florida Statutes, and these convictions

Johnson v. State

509 So. 2d 1237, 12 Fla. L. Weekly 1645

District Court of Appeal of Florida | Filed: Jul 8, 1987 | Docket: 1715346

Cited 9 times | Published

insufficient to support a conviction for kidnapping. Section 787.01, Florida Statutes, provides: (1)(a) The term

McCarter v. State

463 So. 2d 546, 10 Fla. L. Weekly 397

District Court of Appeal of Florida | Filed: Feb 14, 1985 | Docket: 1509662

Cited 9 times | Published

and the defendant discharged.[2] NOTES [1] Section 787.01, Florida Statutes (1981), provides in part:

State v. Maisto

427 So. 2d 1120

District Court of Appeal of Florida | Filed: Mar 15, 1983 | Docket: 1739704

Cited 9 times | Published

indecent assault or act upon her in violation of Section 787.01, Florida Statutes (1981). He is also charged

Frias v. Demings

823 F. Supp. 2d 1279, 2011 U.S. Dist. LEXIS 119126, 2011 WL 4903086

District Court, M.D. Florida | Filed: Oct 14, 2011 | Docket: 65976648

Cited 8 times | Published

force or felonious intent involved. See Fla. Stat. § 787.01. Instead, the violation here was most likely "Interference

Frias v. Demings

823 F. Supp. 2d 1279, 2011 U.S. Dist. LEXIS 119126, 2011 WL 4903086

District Court, M.D. Florida | Filed: Oct 14, 2011 | Docket: 65976648

Cited 8 times | Published

force or felonious intent involved. See Fla. Stat. § 787.01. Instead, the violation here was most likely "Interference

Lynch v. State

2 So. 3d 47, 2008 WL 4809783

Supreme Court of Florida | Filed: Jan 30, 2009 | Docket: 1643648

Cited 8 times | Published

Faison, we recognized that the plain text of section 787.01, Florida Statutes, could lead to potentially

Elozar v. State

825 So. 2d 490, 2002 WL 1990752

District Court of Appeal of Florida | Filed: Aug 30, 2002 | Docket: 1691173

Cited 8 times | Published

"commit or facilitate commission of any felony." See § 787.01(1)(a), Fla. Stat. (2001). Faison v. State, 426

Chaeld v. State

599 So. 2d 1362, 1992 WL 102437

District Court of Appeal of Florida | Filed: May 18, 1992 | Docket: 1483918

Cited 8 times | Published

the sexual batteries and the murder. Construing § 787.01(1)(a)2 of the kidnapping statute, the Harkins

Salas v. State

589 So. 2d 343, 1991 WL 225590

District Court of Appeal of Florida | Filed: Nov 6, 1991 | Docket: 1441470

Cited 8 times | Published

kidnapping exceeded the statutory maximum in section 787.01, Florida Statutes (1984). A sentencing error

Greenhalgh v. State

582 So. 2d 107, 1991 WL 115614

District Court of Appeal of Florida | Filed: Jun 28, 1991 | Docket: 1715827

Cited 8 times | Published

"punishable by a term of years not exceeding life." § 787.01(2), Fla. Stat. (1989). However, Greenhalgh alleges

Paige v. State

570 So. 2d 1108, 1990 WL 192309

District Court of Appeal of Florida | Filed: Dec 6, 1990 | Docket: 470932

Cited 8 times | Published

convictions that they were habitual offenders. Section 787.01(2), Florida Statutes (1989), provides that

Bateson v. State

516 So. 2d 280, 1987 WL 1325

District Court of Appeal of Florida | Filed: Dec 23, 1987 | Docket: 1266555

Cited 8 times | Published

Florida Statutes, and with kidnapping under section 787.01(1)(a)2., Florida Statutes. The statutory provision

Peck v. State

425 So. 2d 664

District Court of Appeal of Florida | Filed: Jan 26, 1983 | Docket: 27620

Cited 8 times | Published

kidnapping (of six persons), in violation of section 787.01, Florida Statutes (1981), and 2) robbery with

Faison v. State

399 So. 2d 19

District Court of Appeal of Florida | Filed: May 19, 1981 | Docket: 1652352

Cited 8 times | Published

commission of [the] felony" of sexual battery. Section 787.01(1)(a)2, Florida Statutes (1979).[1] Relying

Brunelle v. State

360 So. 2d 70

Supreme Court of Florida | Filed: May 26, 1978 | Docket: 1475017

Cited 8 times | Published

with any purpose other than those referred to in § 787.01. *71 "(b) Confinement of a child under the age

Delgado v. State

71 So. 3d 54, 2011 WL 2060061

Supreme Court of Florida | Filed: Sep 15, 2011 | Docket: 440525

Cited 7 times | Published

Florida’s kidnapping statute, specifically section 787.01(1)(a)2., Florida Statutes (2006), and the interplay

Corner v. State

868 So. 2d 553, 2004 WL 135995

District Court of Appeal of Florida | Filed: Jan 28, 2004 | Docket: 1510595

Cited 7 times | Published

interpreted kidnapping under Florida Statutes, section 787.01, as meaning "secretly" confining, abducting

Biggs v. State

745 So. 2d 1051, 1999 WL 992976

District Court of Appeal of Florida | Filed: Nov 3, 1999 | Docket: 1294570

Cited 7 times | Published

upon or terrorize the victim or another person. § 787.01(1)(a)2, 3, Fla. Stat. (1991).[1] The Faison test

McCutcheon v. State

711 So. 2d 1286, 1998 WL 263978

District Court of Appeal of Florida | Filed: May 27, 1998 | Docket: 1337932

Cited 7 times | Published

conviction for armed false imprisonment under section 787.01, Florida Statutes (1995). It is well settled

Waddell v. State

696 So. 2d 1229, 1997 WL 292802

District Court of Appeal of Florida | Filed: Jun 4, 1997 | Docket: 1326197

Cited 7 times | Published

facilitate the commission of a felony pursuant to section 787.01(1)(a)(2), Fla. Stat. (1991) and/or kidnapping

Wilcher v. State

647 So. 2d 1013, 1994 WL 706274

District Court of Appeal of Florida | Filed: Dec 21, 1994 | Docket: 437385

Cited 7 times | Published

is sufficient to constitute kidnapping under section 787.01, Florida Statutes. Under this test, the movement

Gay v. State

607 So. 2d 454, 1992 WL 235286

District Court of Appeal of Florida | Filed: Sep 25, 1992 | Docket: 531743

Cited 7 times | Published

State, 490 So.2d 179, 180 (Fla. 1st DCA 1986)). Section 787.01, Florida Statutes (1989), provides, in pertinent

Perez v. State

566 So. 2d 881, 1990 WL 130232

District Court of Appeal of Florida | Filed: Sep 11, 1990 | Docket: 1529194

Cited 7 times | Published

support a conviction of false imprisonment. Under section 787.01, Florida Statutes (1987): The term "kidnapping"

Harris v. State

509 So. 2d 1299, 12 Fla. L. Weekly 1731

District Court of Appeal of Florida | Filed: Jul 15, 1987 | Docket: 1361789

Cited 7 times | Published

13(2)(c), Florida Statutes, kidnapping under Section 787.01(2), and two counts of sexual battery under

Chaney v. State

464 So. 2d 1261, 10 Fla. L. Weekly 461

District Court of Appeal of Florida | Filed: Feb 20, 1985 | Docket: 1661291

Cited 7 times | Published

reversed, based upon the proper construction of section 787.01(1)(a)2, Florida Statutes, and this court's

Taylor v. Wainwright

418 So. 2d 1095

District Court of Appeal of Florida | Filed: Aug 6, 1982 | Docket: 1288837

Cited 7 times | Published

Statutes, and one count of kidnapping under section 787.01. He pleaded no contendere to one count of sexual

Carron v. State

414 So. 2d 288

District Court of Appeal of Florida | Filed: May 26, 1982 | Docket: 1707350

Cited 7 times | Published

Appellants were charged with kidnapping under section 787.01(1)(a)2., Florida Statutes (1979), which reads

Sims v. State

141 So. 3d 613, 2014 WL 2197543, 2014 Fla. App. LEXIS 8095

District Court of Appeal of Florida | Filed: May 28, 2014 | Docket: 60241965

Cited 6 times | Published

a first-degree felony punishable by life, see § 787.01(2), Fla. Stat. (1995), not a life felony. In ground

Allen v. State

137 So. 3d 946, 38 Fla. L. Weekly Supp. 592, 2013 WL 3466777, 2013 Fla. LEXIS 1421

Supreme Court of Florida | Filed: Jul 11, 2013 | Docket: 60240447

Cited 6 times | Published

..” § 782.04(l)(a)2.f., Fla. Stat. (2005). Section 787.01(1)(a), Florida Statutes (2005), defines kidnapping

Morgan v. State

912 So. 2d 642, 2005 WL 2175467

District Court of Appeal of Florida | Filed: Sep 9, 2005 | Docket: 1755516

Cited 6 times | Published

concur. NOTES [1] § 794.011(3), Fla. Stat. [2] § 787.01, Fla. Stat. [3] § 784.045(1)(b), Fla. Stat. [4]

Hodges v. State

878 So. 2d 401, 2004 WL 1258003

District Court of Appeal of Florida | Filed: Jun 9, 2004 | Docket: 1705826

Cited 6 times | Published

over sixty-five, contrary to Florida Statutes section 787.01(1)(a). The statute provides four alternative

Richardson v. State

875 So. 2d 673, 2004 WL 1091140

District Court of Appeal of Florida | Filed: May 18, 2004 | Docket: 1283987

Cited 6 times | Published

or to terrorize the victim or another person." § 787.01(1)(a)2. & 3., Fla. Stat. (2001). False imprisonment

Collins v. State

800 So. 2d 660, 2001 WL 1359114

District Court of Appeal of Florida | Filed: Nov 7, 2001 | Docket: 1683597

Cited 6 times | Published

kidnapping is a first-degree felony punishable by life. § 787.01(2), Fla. Stat. (1993). However, section 775.087(1)(a)

MacKerley v. State

754 So. 2d 132, 2000 WL 294507

District Court of Appeal of Florida | Filed: Mar 22, 2000 | Docket: 431119

Cited 6 times | Published

imprisoning another person against his will." § 787.01(1)(a), Fla. Stat. (Supp.1996). Since there was

Mesidor v. Neumann

721 So. 2d 810, 1998 WL 874934

District Court of Appeal of Florida | Filed: Dec 16, 1998 | Docket: 433538

Cited 6 times | Published

felony, and one count of kidnaping, contrary to section 787.01(1)(a), Florida Statutes, a first degree felony

Monsanto v. State

530 So. 2d 952, 1988 WL 75975

District Court of Appeal of Florida | Filed: Sep 20, 1988 | Docket: 1267761

Cited 6 times | Published

The defendant was convicted of kidnapping, section 787.01, Florida Statutes (1985), as well as possession

Cahill v. State

467 So. 2d 366

District Court of Appeal of Florida | Filed: Mar 13, 1985 | Docket: 2513987

Cited 6 times | Published

finding him guilty of kidnapping in violation of section 787.01 1(a)(3), Florida Statutes (1983). Appellant

Marshall v. State

473 So. 2d 688, 10 Fla. L. Weekly 88

District Court of Appeal of Florida | Filed: Dec 28, 1984 | Docket: 451537

Cited 6 times | Published

NOTES [1] § 810.02(2), Fla. Stat. (1983). [2] § 787.01, Fla. Stat. (1983). [3] § 794.011(3), Fla. Stat

State v. Horton

442 So. 2d 408

District Court of Appeal of Florida | Filed: Dec 16, 1983 | Docket: 469062

Cited 6 times | Published

any purpose other than those referred to in section 787.01 [kidnapping]."[1] Upon review of the motion

Dowdell v. State

415 So. 2d 144

District Court of Appeal of Florida | Filed: Jun 16, 1982 | Docket: 459201

Cited 6 times | Published

facilitate the commission of the crime of robbery. Section 787.01(1)(a), Florida Statutes (1979). II As for

Jane v. State

362 So. 2d 1005

District Court of Appeal of Florida | Filed: Sep 27, 1978 | Docket: 2546164

Cited 6 times | Published

with any purpose other than those referred to in § 787.01." in order to convict the restraint must have

Smith v. State

358 So. 2d 1164

District Court of Appeal of Florida | Filed: May 17, 1978 | Docket: 1311278

Cited 6 times | Published

penalty for kidnapping was life in prison. Section 787.01, Florida Statutes *1165 (1977).[1] However

Gray v. State

939 So. 2d 1095, 2006 WL 2612664

District Court of Appeal of Florida | Filed: Sep 13, 2006 | Docket: 1657343

Cited 5 times | Published

with specific intent to commit another offense. § 787.01(1)(a), Fla. Stat. (2004). Merely "restraining"

Gray v. State

939 So. 2d 1095, 2006 WL 2612664

District Court of Appeal of Florida | Filed: Sep 13, 2006 | Docket: 1657343

Cited 5 times | Published

with specific intent to commit another offense. § 787.01(1)(a), Fla. Stat. (2004). Merely "restraining"

Holland v. State

672 So. 2d 566, 1996 WL 139199

District Court of Appeal of Florida | Filed: Mar 29, 1996 | Docket: 1763197

Cited 5 times | Published

first degree felony punishable by life under section 787.01, Florida Statutes (1991). [4] A first degree

Bradham v. State

657 So. 2d 40, 1995 WL 376690

District Court of Appeal of Florida | Filed: Jun 27, 1995 | Docket: 464052

Cited 5 times | Published

of kidnapping to facilitate a felony under section 787.01, Florida Statutes, but also of aggravated battery

Pope v. State

646 So. 2d 827, 1994 WL 685600

District Court of Appeal of Florida | Filed: Dec 9, 1994 | Docket: 1405486

Cited 5 times | Published

NOTES [1] § 812.13(2)(a), Fla. Stat. (1991). [2] § 787.01(1)(a)(2), Fla. Stat. (1991). [3] § 775.084, Fla

Usher v. State

642 So. 2d 29, 1994 WL 419074

District Court of Appeal of Florida | Filed: Aug 12, 1994 | Docket: 549844

Cited 5 times | Published

with three counts of kidnapping pursuant to section 787.01, Florida Statutes (1991). Those charges arose

Lamont v. State

597 So. 2d 823, 1992 WL 26462

District Court of Appeal of Florida | Filed: Apr 28, 1992 | Docket: 1704778

Cited 5 times | Published

imprisonment; and kidnapping with a firearm pursuant to Section 787.01(2), Florida Statutes (1989), a first-degree

Sanborn v. State

513 So. 2d 1380, 12 Fla. L. Weekly 2475

District Court of Appeal of Florida | Filed: Oct 27, 1987 | Docket: 1295181

Cited 5 times | Published

pertinent provisions of section 787.01, Florida Statutes (1983). Section 787.01(1)(a) provides in part:

Bennett v. State

438 So. 2d 1034, 14 Educ. L. Rep. 234

District Court of Appeal of Florida | Filed: Oct 14, 1983 | Docket: 1445935

Cited 5 times | Published

(Fla. 1983). There, the court, in interpreting section 787.01(1)(a)2, Florida Statutes (1977),[3] stated

Mullin v. State

425 So. 2d 219

District Court of Appeal of Florida | Filed: Jan 19, 1983 | Docket: 1181878

Cited 5 times | Published

information with kidnapping as proscribed by section 787.01(1)(a)(2), Florida Statutes (1981). On the morning

Rauso v. State

425 So. 2d 618

District Court of Appeal of Florida | Filed: Jan 12, 1983 | Docket: 1657877

Cited 5 times | Published

Accepting that premise an intent (other than Section 787.01(a) motives) must be alleged in the accusatory

Enix v. State

69 So. 3d 354, 2011 Fla. App. LEXIS 14228, 2011 WL 3962892

District Court of Appeal of Florida | Filed: Sep 9, 2011 | Docket: 2354791

Cited 4 times | Published

"for ransom or reward or as a shield or hostage." § 787.01(1)(a)(1). The attempt statute provides that a

Jackson v. State

29 So. 3d 1152, 2010 Fla. App. LEXIS 903, 2010 WL 366616

District Court of Appeal of Florida | Filed: Feb 3, 2010 | Docket: 1643010

Cited 4 times | Published

sentences. Kidnapping is a first-degree felony. § 787.01(2). Mr. Jackson's use of a firearm resulted in

Frederick v. State

931 So. 2d 967, 2006 WL 1409808

District Court of Appeal of Florida | Filed: May 24, 2006 | Docket: 425891

Cited 4 times | Published

law, to sustain the kidnapping convictions. Section 787.01, Florida Statutes (2000), defines "kidnapping"

Bell v. State

847 So. 2d 558, 2003 WL 21339448

District Court of Appeal of Florida | Filed: Jun 11, 2003 | Docket: 1290159

Cited 4 times | Published

or to terrorize the victim or another person. § 787.01(1)(a)2., 3., Fla. Stat. (1997).[2] Subparagraphs

Maxwell v. State

803 So. 2d 815, 2001 WL 1657216

District Court of Appeal of Florida | Filed: Dec 28, 2001 | Docket: 1784835

Cited 4 times | Published

of any other felony. The kidnaping statute, section 787.01(a)(2) provides: The term "kidnaping" means

Sean v. State

775 So. 2d 343, 2000 WL 1344278

District Court of Appeal of Florida | Filed: Sep 20, 2000 | Docket: 1233301

Cited 4 times | Published

victim or another person," in violation of section 787.01(1)(a)(3), Florida Statutes (1995). Although

Kent v. State

702 So. 2d 265, 1997 WL 748874

District Court of Appeal of Florida | Filed: Dec 5, 1997 | Docket: 460266

Cited 4 times | Published

sufficient to establish Kent committed that crime. Section 787.01(1)(a) defines "kidnapping" to mean: [F]orcibly

Mills v. State

642 So. 2d 15, 1994 WL 386515

District Court of Appeal of Florida | Filed: Jul 27, 1994 | Docket: 549311

Cited 4 times | Published

sentence of ninety-nine years due to the fact that section 787.01(2) specifically allows for a sentence of "a

Jones v. State

546 So. 2d 1134, 1989 WL 81240

District Court of Appeal of Florida | Filed: Jul 21, 1989 | Docket: 1442823

Cited 4 times | Published

reclassification herein was error. We disagree. Section 787.01(2), Florida Statutes, provides that "[a] person

Blackshear v. State

513 So. 2d 174, 12 Fla. L. Weekly 2133

District Court of Appeal of Florida | Filed: Sep 3, 1987 | Docket: 1295075

Cited 4 times | Published

011(3), Florida Statutes, [footnote omitted] and Section 787.01, Florida Statutes. [footnote omitted] Both

Ochoa v. State

509 So. 2d 1115, 12 Fla. L. Weekly 421

Supreme Court of Florida | Filed: Jul 16, 1987 | Docket: 1362078

Cited 4 times | Published

to hold the [victim] for ransom or reward." See § 787.01(1)(a)1, Fla. Stat. (1985).

Blackshear v. State

480 So. 2d 207, 11 Fla. L. Weekly 37

District Court of Appeal of Florida | Filed: Dec 23, 1985 | Docket: 1667289

Cited 4 times | Published

Section 794.011(3), Florida Statutes,[1] and Section 787.01, Florida Statutes.[2] Both crimes are categorized

Cabe v. State

408 So. 2d 694

District Court of Appeal of Florida | Filed: Jan 11, 1982 | Docket: 1449707

Cited 4 times | Published

information only with kidnapping pursuant to Section 787.01(1)(a), Florida Statutes, he could not be convicted

Marston v. State

136 So. 3d 563, 39 Fla. L. Weekly Supp. 155, 2014 Fla. LEXIS 1034, 2014 WL 1240029

Supreme Court of Florida | Filed: Mar 27, 2014 | Docket: 60240034

Cited 3 times | Published

Fla. Stat. (2008)), one count of kidnapping (§ 787.01(1)(a)2., Fla. Stat. (2008)), one count of aggravated

Kleppinger v. State

81 So. 3d 547, 2012 WL 469849, 2012 Fla. App. LEXIS 2271

District Court of Appeal of Florida | Filed: Feb 15, 2012 | Docket: 1934277

Cited 3 times | Published

felony of the first degree punishable by life. § 787.01(1)(a)(2), Fla. Stat. (Supp.1996). He claims that

Postell v. State

971 So. 2d 986, 2008 WL 45524

District Court of Appeal of Florida | Filed: Jan 4, 2008 | Docket: 1731964

Cited 3 times | Published

of Mr. Postell's offenses was a life felony. Section 787.01(2), Florida Statutes (2004), provides that

Rogers v. State

935 So. 2d 639, 2006 WL 2345809

District Court of Appeal of Florida | Filed: Aug 15, 2006 | Docket: 1291910

Cited 3 times | Published

armed kidnapping. Kidnapping is defined in section 787.01(1)(a), Florida Statutes (2003), as follows:

Warner v. State

916 So. 2d 879, 2005 WL 2897042

District Court of Appeal of Florida | Filed: Nov 4, 2005 | Docket: 1659544

Cited 3 times | Published

grand theft auto, § 812.014(2)(c)(6); kidnapping, § 787.01(1)(a)(2), Fla. Stat. (2002); and battery, § 784

Muniz v. State

764 So. 2d 729, 2000 WL 869395

District Court of Appeal of Florida | Filed: Jun 30, 2000 | Docket: 470381

Cited 3 times | Published

thirteen by "a parent or a legal guardian." See § 787.01(1)(b), Fla. Stat. (1997). Although Mr. Muniz was

Bright v. State

760 So. 2d 287, 2000 WL 731362

District Court of Appeal of Florida | Filed: Jun 9, 2000 | Docket: 1695361

Cited 3 times | Published

133); kidnaping with intent to commit a felony (§ 787.01(1)(a)2.); burglary of a conveyance with an assault

Johnson v. State

679 So. 2d 9, 1996 WL 382959

District Court of Appeal of Florida | Filed: Jul 10, 1996 | Docket: 1215025

Cited 3 times | Published

imprisonment for a term of years not exceeding life." § 787.01(1)(a)(2), Fla. Stat. (1989). The supreme court

Blanchard v. State

634 So. 2d 1118, 1994 WL 114698

District Court of Appeal of Florida | Filed: Apr 8, 1994 | Docket: 1472876

Cited 3 times | Published

with any purpose other than those referred to in § 787.01. [2] Proko v. State, 566 So.2d 918 (Fla. 5th

Wilson v. State

622 So. 2d 529, 1993 WL 274465

District Court of Appeal of Florida | Filed: Jul 23, 1993 | Docket: 546437

Cited 3 times | Published

794.011(3), Fla. Stat. (1991). [2] Kidnapping, § 787.01(2), Fla. Stat. (1991), and burglary with assault

Knickerbocker v. State

604 So. 2d 876, 1992 WL 200942

District Court of Appeal of Florida | Filed: Aug 21, 1992 | Docket: 1686577

Cited 3 times | Published

Statutes (1987); and kidnapping, in violation of Section 787.01(2), Florida Statutes (1987). The trial court

Van Gotum v. State

569 So. 2d 773, 1990 WL 145589

District Court of Appeal of Florida | Filed: Oct 3, 1990 | Docket: 1190588

Cited 3 times | Published

kidnapping charge, the information identifies section 787.01, Florida Statutes (1985), as the citation of

Green v. State

496 So. 2d 256, 11 Fla. L. Weekly 2271

District Court of Appeal of Florida | Filed: Oct 30, 1986 | Docket: 1522787

Cited 3 times | Published

for ransom or reward or as a shield or hostage." § 787.01(1)(a)1, Fla. Stat. (1983). The jury found defendant

Carter v. State

468 So. 2d 370, 10 Fla. L. Weekly 1008

District Court of Appeal of Florida | Filed: Apr 18, 1985 | Docket: 1725452

Cited 3 times | Published

him what happened and he came round there. Section 787.01(1)(a)2., Florida Statutes (1983), under which

State v. Graham

468 So. 2d 270, 10 Fla. L. Weekly 551

District Court of Appeal of Florida | Filed: Mar 1, 1985 | Docket: 1402498

Cited 3 times | Published

specific purpose other than those referred to in section 787.01, the kidnapping statute. The kidnapping statute

Somers v. State

162 So. 3d 1077, 2015 Fla. App. LEXIS 5563, 2015 WL 1736911

District Court of Appeal of Florida | Filed: Apr 17, 2015 | Docket: 60247370

Cited 2 times | Published

However, Somers was charged with kidnapping under section 787.01(l)(a)3., Florida Statutes, which states: “The

Wilson v. State

159 So. 3d 316, 2015 Fla. App. LEXIS 3204, 2015 WL 968685

District Court of Appeal of Florida | Filed: Mar 6, 2015 | Docket: 60246560

Cited 2 times | Published

encounter, which lasted five to seven minutes. Section 787.01(l)(a)(2), Florida Statutes (2010), defines

Castro v. State

122 So. 3d 912, 2013 WL 4728355, 2013 Fla. App. LEXIS 14084

District Court of Appeal of Florida | Filed: Sep 4, 2013 | Docket: 60234803

Cited 2 times | Published

792, 803 (Fla.2002). Kidnapping is defined in section 787.01(l)(a)2., Florida Statutes (2008), as “forcibly

Miller v. State

123 So. 3d 595, 2013 WL 4005394, 2013 Fla. App. LEXIS 12320

District Court of Appeal of Florida | Filed: Aug 7, 2013 | Docket: 60235117

Cited 2 times | Published

or to inflict great bodily harm pursuant to section 787.01(l)(a)(3), Florida Statutes (2009). There was

ORUKOTAN v. State

85 So. 3d 542, 2012 Fla. App. LEXIS 5564, 2012 WL 1192057

District Court of Appeal of Florida | Filed: Apr 11, 2012 | Docket: 2412232

Cited 2 times | Published

imprisonment for a term of years not exceeding life.... § 787.01(l)(a) & (2), Fla. Stat. (2007). Our supreme court

Davila v. State

75 So. 3d 192, 36 Fla. L. Weekly Supp. 579, 2011 Fla. LEXIS 2353, 2011 WL 4596689

Supreme Court of Florida | Filed: Oct 6, 2011 | Docket: 60303659

Cited 2 times | Published

convicted of kidnapping his own child under section 787.01, Florida Statutes (2000). For the reasons expressed

Hamilton v. State

996 So. 2d 964, 2008 WL 5391926

District Court of Appeal of Florida | Filed: Dec 24, 2008 | Docket: 1692377

Cited 2 times | Published

without habitual felony offender enhancement, see § 787.01(2), Fla. Stat. (2004) ("A person who kidnaps a

Beatrice v. State

832 So. 2d 972, 2003 WL 25872298

District Court of Appeal of Florida | Filed: Jan 2, 2003 | Docket: 1700074

Cited 2 times | Published

convicted of kidnaping, a first degree felony, section 787.01(2), and the jury found that he possessed a

Davis v. State

816 So. 2d 840, 2002 WL 1049726

District Court of Appeal of Florida | Filed: May 28, 2002 | Docket: 1753413

Cited 2 times | Published

felony under the kidnaping statute set out in section 787.01, which was the provision the court was construing

Walters v. State

812 So. 2d 457, 2002 WL 312530

District Court of Appeal of Florida | Filed: Mar 1, 2002 | Docket: 1716220

Cited 2 times | Published

crimes: (1) kidnaping, a life felony pursuant to section 787.01(2), Florida Statutes (1989) and enhanced by

Robinson v. State

804 So. 2d 451, 2001 WL 1359204

District Court of Appeal of Florida | Filed: Nov 7, 2001 | Docket: 1699450

Cited 2 times | Published

because Robinson was convicted of violating section 787.01 and because the baby was not his child. Robinson

Tooley v. State

675 So. 2d 984, 1996 WL 283691

District Court of Appeal of Florida | Filed: May 31, 1996 | Docket: 1322686

Cited 2 times | Published

(1993); § 777.04(1), Fla. Stat. (1991). [2] § 787.01(1)(a), Fla.Stat. (1991); § 775.087, Fla.Stat.

Knickerbocker v. State

619 So. 2d 18, 1993 WL 152379

District Court of Appeal of Florida | Filed: May 13, 1993 | Docket: 1382111

Cited 2 times | Published

Statutes (1987); and kidnapping, in violation of section 787.01(2), Florida Statutes (1987). The trial court

DEPT. OF H & R SERV. v. Pelz

609 So. 2d 155

District Court of Appeal of Florida | Filed: Dec 4, 1992 | Docket: 1473396

Cited 2 times | Published

§§ 794.011(3), 777.04, Fla. Stat. (1991). [3] § 787.01(1)(a), Fla. Stat. (1991).

Stermer v. State

567 So. 2d 13, 1990 WL 126200

District Court of Appeal of Florida | Filed: Aug 29, 1990 | Docket: 325560

Cited 2 times | Published

and one count of kidnapping in violation of section 787.01, Florida Statutes (1987). All charges involved

State v. Lindsey

560 So. 2d 406, 1990 WL 55988

District Court of Appeal of Florida | Filed: May 3, 1990 | Docket: 1477903

Cited 2 times | Published

correct when he asserts that kidnapping under section 787.01, Florida Statutes, is a felony of the first

Joshua Daneel Gloston v. State of Florida

273 So. 3d 1108

District Court of Appeal of Florida | Filed: May 6, 2019 | Docket: 15059374

Cited 1 times | Published

commit a felony, sexual battery, pursuant to section 787.01(1)(a), Florida Statutes. In Faison v. State

In RE: AMENDMENTS TO the FLORIDA RULES OF CRIMINAL PROCEDURE-2018 REGULAR-CYCLE REPORT.

265 So. 3d 494

Supreme Court of Florida | Filed: Oct 4, 2018 | Docket: 7982207

Cited 1 times | Published

1, 2014, and is a violation of: a. section 787.01(2) (kidnapping) or 787.02(2) (false imprisonment)

LENIST KEY v. STATE OF FLORIDA

254 So. 3d 1000

District Court of Appeal of Florida | Filed: Sep 5, 2018 | Docket: 7804262

Cited 1 times | Published

(1993). Kidnapping is a first degree felony. See § 787.01(2), Fla. Stat. (1993). However, when a firearm

JIMMIE ERNEST GLOVER v. STATE OF FLORIDA

237 So. 3d 405

District Court of Appeal of Florida | Filed: Nov 15, 2017 | Docket: 6223873

Cited 1 times | Published

sustain a conviction.” Id. (emphasis added). Section 787.01(1)(a)2., Florida Statutes (2014), defines kidnapping

In Re Standard Jury Instructions in Criminal Cases—Report No. 2016-08

211 So. 3d 995

Supreme Court of Florida | Filed: Feb 23, 2017 | Docket: 4609133

Cited 1 times | Published

So.3d 1055], and 2017. 9.1 KIDNAPPING § 787.01, Fla. Stat. To prove the crime of Kidnapping

& SC14-2278 Charles Grover Brant v. State of Florida and Charles Grover Brant v. Julie L. Jones, etc.

197 So. 3d 1051

Supreme Court of Florida | Filed: Jun 30, 2016 | Docket: 3090190

Cited 1 times | Published

harm or terrorize the victim, in violation of section 787.01(l)(a)3., Florida Statutes (2004). He filed

Jackson v. State

175 So. 3d 368, 2015 Fla. App. LEXIS 13764, 2015 WL 5438776

District Court of Appeal of Florida | Filed: Sep 16, 2015 | Docket: 2808040

Cited 1 times | Published

(personally or vicariously) of a firearm or weapon. § 787.01(2), Fla. Stat. (1983). As with the burglary and

Miller v. State

124 So. 3d 395, 2013 WL 5744451, 2013 Fla. App. LEXIS 16896

District Court of Appeal of Florida | Filed: Oct 23, 2013 | Docket: 60235473

Cited 1 times | Published

with kidnapping as well as sexual battery. Section 787.01(l)(a), Florida Statutes (1999), provides: The

Stanley v. State

112 So. 3d 718, 2013 WL 1891325, 2013 Fla. App. LEXIS 7349

District Court of Appeal of Florida | Filed: May 8, 2013 | Docket: 60231237

Cited 1 times | Published

State charged Stanley with kidnapping under section 787.01(l)(a)(2), Florida Statutes (2010). That statute

Acosta v. State

103 So. 3d 234, 2012 Fla. App. LEXIS 21311, 2012 WL 6177102

District Court of Appeal of Florida | Filed: Dec 12, 2012 | Docket: 60227015

Cited 1 times | Published

State, 915 So.2d 183 (Fla. 3d DCA 2005). See also § 787.01(2), Fla. Stat. (1995) (“A person who kidnaps a

Carter v. State

127 So. 3d 572, 2012 WL 5870008, 2012 Fla. App. LEXIS 20200

District Court of Appeal of Florida | Filed: Nov 21, 2012 | Docket: 60236757

Cited 1 times | Published

the statute and is *574clearly sufficient. See § 787.01(l)(a), Fla. Stat. (2001). In case number 4D11-4688

Perry v. State

57 So. 3d 910, 2011 Fla. App. LEXIS 3888, 2011 WL 982460

District Court of Appeal of Florida | Filed: Mar 22, 2011 | Docket: 60299192

Cited 1 times | Published

attempted second-degree murder and kidnapping under section 787.01(l)(a)3, Florida Statutes (2008).1 At the close

Tindall v. State

45 So. 3d 799, 2010 Fla. App. LEXIS 9573, 2010 WL 2675313

District Court of Appeal of Florida | Filed: Jun 30, 2010 | Docket: 60296070

Cited 1 times | Published

to the underlying alleged sexual misconduct. Section 787.01, Florida Statutes, provides: (l)(a) The term

Davila v. State

26 So. 3d 5, 2009 Fla. App. LEXIS 15799, 2009 WL 3365636

District Court of Appeal of Florida | Filed: Oct 21, 2009 | Docket: 2409096

Cited 1 times | Published

commits aggravated child abuse on that child. § 787.01(2), (3), Fla. Stat. (2000).[3] The defendant argues

Griffin v. State

934 So. 2d 614, 2006 WL 2057168

District Court of Appeal of Florida | Filed: Jul 26, 2006 | Docket: 305527

Cited 1 times | Published

element of the offense of kidnapping a person. Section 787.01(2), Florida Statutes (1989), makes kidnapping

Fencher v. State

931 So. 2d 184, 2006 WL 1559722

District Court of Appeal of Florida | Filed: Jun 9, 2006 | Docket: 2524534

Cited 1 times | Published

[2] § 810.02(2)(a), Fla. Stat. (2004). [3] § 787.01(1)(a)(2), Fla. Stat. (2004).

Hoover v. State

877 So. 2d 751, 2004 WL 1175922

District Court of Appeal of Florida | Filed: May 28, 2004 | Docket: 1684426

Cited 1 times | Published

Stat. (1999), kidnapping while using a firearm, § 787.01(2), Fla. Stat. (1999) ("A person who kidnaps a

Jones v. State

844 So. 2d 745, 2003 WL 21032046

District Court of Appeal of Florida | Filed: May 9, 2003 | Docket: 1662404

Cited 1 times | Published

Jones was charged with kidnaping pursuant to Section 787.01(1)(a)(2), Fla. Stat., which provides: The term

Floyd v. State

807 So. 2d 93, 2002 WL 27066

District Court of Appeal of Florida | Filed: Jan 11, 2002 | Docket: 309954

Cited 1 times | Published

a first degree felony, not a life felony. See § 787.01(2), Fla. Stat. AFFIRMED. THOMPSON, C.J., and PLEUS

Vargas v. State

789 So. 2d 1030, 2001 WL 456408

District Court of Appeal of Florida | Filed: May 2, 2001 | Docket: 1325984

Cited 1 times | Published

a first-degree felony punishable by life. See § 787.01(2), Fla. Stat. (1999). Vargas argues that he should

Lee v. State

770 So. 2d 231, 25 Fla. L. Weekly Fed. D 2513

District Court of Appeal of Florida | Filed: Oct 25, 2000 | Docket: 1779057

Cited 1 times | Published

the "terrorizing" provision of the statute, section 787.01(1)(a)3, Florida Statutes (1999).[1] See Biggs

Smith v. State

703 So. 2d 1165, 1997 WL 762513

District Court of Appeal of Florida | Filed: Dec 12, 1997 | Docket: 1704213

Cited 1 times | Published

NOTES [1] § 794.011(3), Fla. Stat. (1993). [2] § 787.01(1)(a), Fla. Stat. (1993).

Glasco v. State

656 So. 2d 523, 1995 Fla. App. LEXIS 5718, 1995 WL 316333

District Court of Appeal of Florida | Filed: May 26, 1995 | Docket: 64757223

Cited 1 times | Published

AFFIRMED. GOSHORN and PETERSON, JJ., concur. . § 787.01, Fla.Stat. (1987). . § 794.011(3), Fla.Stat

Chanquet v. State

646 So. 2d 834, 1994 WL 697387

District Court of Appeal of Florida | Filed: Dec 14, 1994 | Docket: 1405320

Cited 1 times | Published

degree felony punishable by life imprisonment. Id. § 787.01(2). The offense was enhanced to a life felony

Williams v. Dugger

827 F. Supp. 1568, 1993 U.S. Dist. LEXIS 9644, 1993 WL 263501

District Court, S.D. Florida | Filed: Jul 15, 1993 | Docket: 1020859

Cited 1 times | Published

13(1) and 812.13(2)(a); (2) Kidnapping contrary to § 787.01; (3) Attempted sexual battery contrary to §§ 777

Polakoff v. State

586 So. 2d 385, 1991 WL 148349

District Court of Appeal of Florida | Filed: Aug 8, 1991 | Docket: 1487824

Cited 1 times | Published

kidnapping with a specific prohibited intent (section 787.01(1)(a), Florida Statutes); burglary (section

Dilla v. State

503 So. 2d 1316, 12 Fla. L. Weekly 703

District Court of Appeal of Florida | Filed: Mar 4, 1987 | Docket: 1733383

Cited 1 times | Published

was charged with kidnapping in violation of section 787.01, Florida Statutes (1985), and extortion in

Juaquinta Harris v. State of Florida

District Court of Appeal of Florida | Filed: Jul 17, 2024 | Docket: 68561952

Published

2 added). Section 787.01(2), Florida Statutes (2021), provides: “A person

UNBORN CHILD, etc. v. DIRECTOR JAMES REYES

District Court of Appeal of Florida | Filed: Feb 24, 2023 | Docket: 66863863

Published

State, 75 So. 3d 192, 196 (Fla. 2011); see also § 787.01, Fla. Stat.; but see Johnson v. State, 637 So

KELLY PETERSON MILLIEN v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Mar 2, 2022 | Docket: 63127636

Published

only when there has been a violation of either section 787.01(2) or section 787.02(2), Florida Statutes,

ROBERTO ISAAC v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Feb 23, 2022 | Docket: 63108520

Published

evidence to support the kidnapping conviction. See § 787.01(1)(a)3., Fla. Stat. (2011) (defining “kidnapping”

BARIAN KEITH PARRISH, JR. v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Sep 8, 2021 | Docket: 60368610

Published

underlying burglary and robberies, in violation of section 787.01(1)(a)2., Florida Statutes (2015). The evidence

BARIAN KEITH PARRISH, JR. v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Feb 24, 2021 | Docket: 59678208

Published

underlying burglary and robberies, in violation of section 787.01(1)(a)2., Florida Statutes (2015). The evidence

GUSTAVO ENAMORADO DUBON v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 22, 2020 | Docket: 17089289

Published

94 So. 3d 648, 649 (Fla. 4th DCA 2012). Section 787.01, Florida Statutes, governs the crime of kidnapping

Tony Torrell Ansley, Jr. v. State of Florida

District Court of Appeal of Florida | Filed: Aug 16, 2019 | Docket: 16068373

Published

inflict bodily harm upon or to terrorize her. § 787.01(1)(a)3., Fla. Stat. (2017). All of the evidence

CLINTON JOHNSON v. STATE OF FLORIDA

263 So. 3d 74

District Court of Appeal of Florida | Filed: Jan 9, 2019 | Docket: 8485206

Published

The judgment references § 787.01(a), Fla. Stat (2017), but it should read § 787.01(1)(a), Fla. Stat. (2017)

In Re: Amendments to the Florida Rules of Criminal Procedure - 2018 Regular-Cycle Report

Supreme Court of Florida | Filed: Jul 19, 2018 | Docket: 7471972

Published

of: a. section 787.01(2) (kidnapping) or 787.02(2) (false imprisonment)

Vahtiece Alfonzo Kirkman v. State of Florida

Supreme Court of Florida | Filed: Jan 11, 2018 | Docket: 6259324

Published

or to terrorize Darice or another person. See § 787.01(1)(a), Fla. Stat. (2005); Fla. Std. Jury Instr

Rodriguez v. State

230 So. 3d 1249

District Court of Appeal of Florida | Filed: Oct 25, 2017 | Docket: 6179298

Published

child abuse and sexual battery, in violation of section 787.01(3)(a), Florida Statutes (2013); aggravated

Solomon v. State

206 So. 3d 822, 2016 Fla. App. LEXIS 18458

District Court of Appeal of Florida | Filed: Dec 16, 2016 | Docket: 4556058

Published

or to terrorize the victim or another person, § 787.01(l)(a)(3), Fla. Stat. (2014); (2) aggravated battery

Christopher Williams v. State of Florida

190 So. 3d 265, 2016 WL 2750429, 2016 Fla. App. LEXIS 7256

District Court of Appeal of Florida | Filed: May 12, 2016 | Docket: 3063396

Published

or to terrorize the victim or another person.” § 787.01(l)(a)3, Fla. Stat. (2014). Defendant’s captivity

Knott v. State

198 So. 3d 768, 2016 Fla. App. LEXIS 3029, 2016 WL 801143

District Court of Appeal of Florida | Filed: Mar 2, 2016 | Docket: 3040727

Published

governmental or political function,” as proscribed by section 787.01(l)(a)(4), ■ Florida Statutes (2011). Although

In re Standard Jury Instructions in Criminal Cases—Instructions 9.1 & 9.2

167 So. 3d 443

Supreme Court of Florida | Filed: Jun 18, 2015 | Docket: 60294070

Published

Imprisonment) in response to recent amendments to section 787.01(3)(a), Florida Statutes (2014), and section

In Re: Standard Jury Instructions in Criminal Cases - Instructions 9.1 And 9.2

167 So. 3d 443, 2015 WL 3775613

Supreme Court of Florida | Filed: Jun 18, 2015 | Docket: 2666376

Published

Imprisonment) in response to recent amendments to section 787.01(3)(a), Florida Statutes (2014), and section

Nelson Baptiste v. State of Florida

165 So. 3d 746, 2015 Fla. App. LEXIS 7619, 2015 WL 2393347

District Court of Appeal of Florida | Filed: May 20, 2015 | Docket: 2679325

Published

proper subsection of the kidnapping statute, section 787.01(l)(a), Florida Statutes. Granted in

Graham v. State

169 So. 3d 123, 2015 Fla. App. LEXIS 3400, 2015 WL 1044221

District Court of Appeal of Florida | Filed: Mar 11, 2015 | Docket: 2640562

Published

Geralyn Graham was indicted for violating section 787.01(1)(a)4., Florida Statutes (2000). This statute

In Re Standard Jury Instructions in Criminal Cases—Instructions 9.1 & 9.2

156 So. 3d 495, 2015 WL 263927

Supreme Court of Florida | Filed: Jan 22, 2015 | Docket: 2626823

Published

Imprisonment), in response to recent amendments to section 787.01(3)(a), Florida Statutes (2014), and 787.02(3)(a)

Bruce v. State

152 So. 3d 111, 2014 Fla. App. LEXIS 19493, 2014 WL 6721071

District Court of Appeal of Florida | Filed: Nov 26, 2014 | Docket: 60244698

Published

aggravated battery conviction as a violation of section 787.01(l)(a)3., Florida Statutes, instead of section

Rodriguez v. State

147 So. 3d 1066, 2014 Fla. App. LEXIS 14383, 2014 WL 4627763

District Court of Appeal of Florida | Filed: Sep 17, 2014 | Docket: 1255695

Published

well as the evidence introduced at trial. Section 787.01(a), Florida Statutes (2007), provides as follows:

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—REPORT NO. 2014-02

152 So. 3d 475, 2014 WL 4458879

Supreme Court of Florida | Filed: Sep 11, 2014 | Docket: 1212085

Published

concur. APPENDIX 9.1 KIDNAPPING § 787.01, Fla. — Stat. To prove the crime of Kidnapping

Margaret A. Allen v. State of Florida

Supreme Court of Florida | Filed: Apr 17, 2014 | Docket: 57174

Published

. ” § 782.04(1)(a)2.f., Fla. Stat. (2005). Section 787.01(1)(a), Florida Statutes (2005), defines kidnapping

Calhoun v. State

138 So. 3d 349

Supreme Court of Florida | Filed: Oct 31, 2013 | Docket: 60240665

Published

Calhoun was convicted of kidnapping pursuant to section 787.01(l)(a)2., Florida Statutes (2009). (l)(a) The

Lynch v. Secretary, Department of Corrections

897 F. Supp. 2d 1277, 2012 WL 4377812, 2012 U.S. Dist. LEXIS 136981

District Court, M.D. Florida | Filed: Sep 25, 2012 | Docket: 65985498

Published

has construed the Florida kidnapping statute, Section 787.01(1)(a)(2), Florida Statutes, to preclude a conviction

United States v. Carl Schneider

681 F.3d 1273, 2012 WL 1868645

Court of Appeals for the Eleventh Circuit | Filed: May 24, 2012 | Docket: 1073141

Published

775.082(3)(b). 10 .Fla. Stat. § 787.01(l)(a) reads in full: (l)(a) The term “kidnapping”

Erlsten v. State

78 So. 3d 60, 2012 Fla. App. LEXIS 514, 2012 WL 126204

District Court of Appeal of Florida | Filed: Jan 18, 2012 | Docket: 60305081

Published

appellant of aggravated kidnapping in violation of section 787.01(3)(a), Florida Statutes (1997) 1 and lewd,

Bevans v. State

75 So. 3d 345, 2011 Fla. App. LEXIS 18127, 2011 WL 5561292

District Court of Appeal of Florida | Filed: Nov 16, 2011 | Docket: 2357689

Published

on one count of kidnapping in violation of section 787.01(3)(a), Florida Statutes (1999), and three counts

Maldonado Melendez v. State

51 So. 3d 624, 2011 Fla. App. LEXIS 93, 2011 WL 111421

District Court of Appeal of Florida | Filed: Jan 14, 2011 | Docket: 60297685

Published

was charged under section 787.01(1)(a)3., Florida Statutes,2 not under section 787.01(1)(a)2., kidnapping

Myles v. State

54 So. 3d 509, 2010 Fla. App. LEXIS 19105, 2010 WL 5093168

District Court of Appeal of Florida | Filed: Dec 15, 2010 | Docket: 60298299

Published

(2001), kidnapping with a knife in violation of section 787.01 of the Florida Statutes (2001), and two counts

Wise v. State

48 So. 3d 203, 2010 Fla. App. LEXIS 18330, 2010 WL 4861510

District Court of Appeal of Florida | Filed: Dec 1, 2010 | Docket: 60296537

Published

one count of armed kidnapping, pursuant to section 787.01(l)(a)2., Florida Statutes (2006),5 and section

VanWagner v. State

45 So. 3d 572, 2010 Fla. App. LEXIS 15819, 35 Fla. L. Weekly Fed. D 2309

District Court of Appeal of Florida | Filed: Oct 20, 2010 | Docket: 2542766

Published

the commission of robbery" in violation of section 787.01(1)(a), Florida Statutes (2004). Section *573

Bishop v. State

46 So. 3d 75, 2010 Fla. App. LEXIS 13422, 2010 WL 3515473

District Court of Appeal of Florida | Filed: Sep 10, 2010 | Docket: 60296369

Published

commit or facilitate the commission of a felony. § 787.01(l)(a)2., Fla. Stat. (2006) (emphasis added). The

Conner v. State

19 So. 3d 1117, 2009 Fla. App. LEXIS 15523, 2009 WL 3270832

District Court of Appeal of Florida | Filed: Oct 14, 2009 | Docket: 60254567

Published

782.04(l)(a), Fla. Stat. (1997), and kidnapping, § 787.01, Fla. Stat. (1997). The trial court adjudged him

Ago

Florida Attorney General Reports | Filed: Oct 21, 2008 | Docket: 3258037

Published

5. Section 782.04, relating to murder. 6. Section 787.01, relating to kidnapping. 7. Any offense under

State v. Lumarque

990 So. 2d 1241, 2008 WL 4329924

District Court of Appeal of Florida | Filed: Sep 24, 2008 | Docket: 1688082

Published

kidnapping in violation of section 787.01(1)(a)(2) and, alternatively, section 787.01(1)(a)(3) of the Florida

Diez v. State

970 So. 2d 931, 2008 Fla. App. LEXIS 18, 2008 WL 34810

District Court of Appeal of Florida | Filed: Jan 2, 2008 | Docket: 64853503

Published

grandparents in Miami. Kidnapping is defined in section 787.01(l)(a), Florida Statutes, in relevant part,

Davis v. State

962 So. 2d 1035, 2007 WL 2274410

District Court of Appeal of Florida | Filed: Aug 10, 2007 | Docket: 1173591

Published

punishable for a term of years not exceeding life. See § 787.01(2), Fla. Stat. (2003). Although the trial court

Figueroa v. State

956 So. 2d 1248, 2007 Fla. App. LEXIS 8164, 2007 WL 1514875

District Court of Appeal of Florida | Filed: May 25, 2007 | Docket: 64850801

Published

imprisonment for a term of years not exceeding life.” § 787.01(2), Fla. Stat. (2004). The judgment, however,

Ledesma v. State

958 So. 2d 477, 2007 Fla. App. LEXIS 7488, 2007 WL 1427472

District Court of Appeal of Florida | Filed: May 16, 2007 | Docket: 64851015

Published

a first degree felony punishable by life. See § 787.01(2), Fla. Stat. (1989). This claim was properly

Cole v. State

942 So. 2d 1010, 2006 WL 3498318

District Court of Appeal of Florida | Filed: Dec 6, 2006 | Docket: 1737155

Published

Cole now raises the same issue in this appeal. Section 787.01(1)(a), Florida Statutes (2003), defines the

Turner v. State

888 So. 2d 73, 2004 Fla. App. LEXIS 16216, 2004 WL 2409199

District Court of Appeal of Florida | Filed: Oct 27, 2004 | Docket: 64834433

Published

AFFIRMED. PLEUS and ORFINGER, JJ., concur. . § 787.01(l)(a), (2), Fla. Stat. (2002); § 794.011(3), Fla

Cooper v. State

884 So. 2d 286, 2004 Fla. App. LEXIS 11871, 2004 WL 1810071

District Court of Appeal of Florida | Filed: Aug 13, 2004 | Docket: 64833469

Published

convictions for armed kidnaping were illegal. Section 787.01(2), Florida Statutes (1995), states that kidnaping

Maceo v. State

870 So. 2d 852, 2003 Fla. App. LEXIS 16149, 2003 WL 22438959

District Court of Appeal of Florida | Filed: Oct 29, 2003 | Docket: 64829880

Published

felony of armed kidnapping, in violation of section 787.01, Florida Statutes (1997). The victim, however

Nino v. State

843 So. 2d 347, 2003 Fla. App. LEXIS 5681, 2003 WL 1916675

District Court of Appeal of Florida | Filed: Apr 23, 2003 | Docket: 64822363

Published

makes reference to both the kid-naping statute, section 787.01, Fla. Stat. (1995), and the weapons and aggravated

Jackson v. State

849 So. 2d 321, 2003 Fla. App. LEXIS 1998, 2003 WL 367288

District Court of Appeal of Florida | Filed: Feb 21, 2003 | Docket: 64823925

Published

Judge, concur. . § 794.011(3), Fla. Stat. . § 787.01(l)(a)(3), Fla. Stat. .§ 784.045, Fla. Stat.

McMaster-Wade v. State

830 So. 2d 217, 2002 Fla. App. LEXIS 16174, 2002 WL 31487274

District Court of Appeal of Florida | Filed: Nov 8, 2002 | Docket: 64818952

Published

reverse and remand for further proceedings. Under section 787.01(3), Florida Statutes (1989), kidnapping is

Edmondson v. State

816 So. 2d 768, 2002 Fla. App. LEXIS 6274, 2002 WL 925243

District Court of Appeal of Florida | Filed: May 9, 2002 | Docket: 64815209

Published

The kidnapping conviction is a violation of section 787.01. Section 948.03(5)(a) does not require the

Maddox v. State

813 So. 2d 138, 2002 Fla. App. LEXIS 2911, 2002 WL 360707

District Court of Appeal of Florida | Filed: Mar 8, 2002 | Docket: 64814115

Published

concur. . § 782.04(2), Fla. Stat. (2001) . § 787.01, Fla. Stat. (2001) . §§ 812.13(2)(a) and 777

Mediate v. State

804 So. 2d 472, 2001 Fla. App. LEXIS 16917, 2001 WL 1516973

District Court of Appeal of Florida | Filed: Nov 30, 2001 | Docket: 64811576

Published

directions. HARRIS and PETERSON, JJ., concur. . § 787.01, Fla. Stat. (1985). . § 794.01 l(4)(c), Fla

Cooper v. State

800 So. 2d 243, 2001 Fla. App. LEXIS 12102, 2001 WL 980620

District Court of Appeal of Florida | Filed: Aug 29, 2001 | Docket: 64810301

Published

enhancement or reclassification, see § 812.13(2) (a) and § 787.01(2), Fla. Stat. (1995), and that as first-degree

Hill v. State

796 So. 2d 564, 2001 WL 945840

District Court of Appeal of Florida | Filed: Aug 22, 2001 | Docket: 1249266

Published

first degree felony punishable by life. See Fla. Stat. 787.01 [1989]. Thus, the Defendant's scoresheet correctly

Spencer v. State

780 So. 2d 321, 2001 Fla. App. LEXIS 4117, 2001 WL 277045

District Court of Appeal of Florida | Filed: Mar 22, 2001 | Docket: 64804354

Published

kidnapping without a weapon, a violation of section 787.01(l)(a)l, Florida Statutes (1997). The trial

Betancourt v. State

767 So. 2d 557, 2000 Fla. App. LEXIS 11038, 25 Fla. L. Weekly Fed. D 2057

District Court of Appeal of Florida | Filed: Aug 30, 2000 | Docket: 64800475

Published

first-degree felony punishable by'life imprisonment. See § 787.01(2), Fla. Stat. (1989). . The defendant's four

Rancourt v. State

766 So. 2d 1071, 2000 Fla. App. LEXIS 7176, 2000 WL 762245

District Court of Appeal of Florida | Filed: Jun 14, 2000 | Docket: 64800296

Published

physically resist when he removed her from the car. Section 787.01(l)(a)(2), Florida Statutes (1999), defines

Patak v. State

764 So. 2d 689, 2000 Fla. App. LEXIS 6793, 2000 WL 718211

District Court of Appeal of Florida | Filed: Jun 6, 2000 | Docket: 64799400

Published

the pepper spray or mace to aid his escape. See § 787.01(1)(a), Fla. Stat. (1997); Berry v. State, 668

Scott v. State

757 So. 2d 574, 2000 Fla. App. LEXIS 4783, 2000 WL 485123

District Court of Appeal of Florida | Filed: Apr 26, 2000 | Docket: 64797158

Published

“[cjommit or facilitate commission of any felony.” § 787.01(l)(a)2, Fla. Stat. (1991). Therefore, the standard

Swain v. State

744 So. 2d 474, 1999 Fla. App. LEXIS 11829, 1999 WL 682597

District Court of Appeal of Florida | Filed: Sep 3, 1999 | Docket: 64792038

Published

Swain guilty of armed kidnapping pursuant to section 787.01(l)(a); armed burglary with a firearm pursuant

Hausen v. State

730 So. 2d 327, 1999 Fla. App. LEXIS 2201, 1999 WL 94915

District Court of Appeal of Florida | Filed: Feb 26, 1999 | Docket: 64787496

Published

with intent to commit a felony in violation of section 787.01(l)(a)2. The victim was fourteen years old at

State v. Riveron

723 So. 2d 845, 1998 Fla. App. LEXIS 14255, 1998 WL 821738

District Court of Appeal of Florida | Filed: Nov 12, 1998 | Docket: 64785264

Published

(1989); and (2) kidnapping, in violation of section 787.01, Florida Statutes (1989), a first-degree felony

Brown v. State

719 So. 2d 955, 1998 Fla. App. LEXIS 12838, 1998 WL 712712

District Court of Appeal of Florida | Filed: Oct 14, 1998 | Docket: 64783820

Published

judgment of acquittal on the kidnapping charge. Section 787.01(l)(a) defines “Kidnapping” as: [Fjoreibly,

Kent v. State

702 So. 2d 265, 1997 Fla. App. LEXIS 13615

District Court of Appeal of Florida | Filed: Dec 5, 1997 | Docket: 64777191

Published

sufficient to establish Kent committed that crime. Section 787.01(l)(a) defines “kidnapping” to mean: [FJorcibly

State v. Rincon

700 So. 2d 412, 1997 Fla. App. LEXIS 10710, 1997 WL 586636

District Court of Appeal of Florida | Filed: Sep 24, 1997 | Docket: 64776174

Published

verdict on the kidnapping counts. We agree. Section 787.01, Florida Statues (1995), states in relevant

Toro v. State

691 So. 2d 576, 1997 Fla. App. LEXIS 3744, 1997 WL 169535

District Court of Appeal of Florida | Filed: Apr 11, 1997 | Docket: 64772455

Published

kidnapping offense is a first degree felony under section 787.01(2), Florida Statutes (1993), and a defendant

Woodley v. State

676 So. 2d 54, 1996 Fla. App. LEXIS 6890, 1996 WL 364813

District Court of Appeal of Florida | Filed: Jul 3, 1996 | Docket: 64765997

Published

support convictions of armed kidnapping under section 787.01, Florida Statutes (1995), in addition to robbery

Howard v. State

670 So. 2d 1149, 1996 Fla. App. LEXIS 3303, 1996 WL 142556

District Court of Appeal of Florida | Filed: Apr 1, 1996 | Docket: 64763515

Published

corrected judgment deleting the reference to section “787.01'’, a non-existent statute, and adding the correct

State v. Davis

668 So. 2d 323, 1996 Fla. App. LEXIS 1531, 1996 WL 71812

District Court of Appeal of Florida | Filed: Feb 21, 1996 | Docket: 64762468

Published

of an information charging kidnapping under section 787.01(l)(a)21, Florida Statutes (1993), by confining

Dixon v. State

659 So. 2d 448, 1995 Fla. App. LEXIS 8672, 1995 WL 480499

District Court of Appeal of Florida | Filed: Aug 16, 1995 | Docket: 64758360

Published

*449Armed kidnapping is a life felony. § 775.087, § 787.01 Florida Statutes (1991). The habitual offender

Perry v. State

653 So. 2d 1114, 1995 Fla. App. LEXIS 4166, 1995 WL 232560

District Court of Appeal of Florida | Filed: Apr 21, 1995 | Docket: 64755788

Published

opinion. . § 794.011(5), Fla.Stat. (1989). . § 787.01, Fla.Stat. (1989). . § 831.02, Fla.Stat. (1989)

Berry v. State

652 So. 2d 836, 1994 WL 706304

District Court of Appeal of Florida | Filed: Mar 8, 1995 | Docket: 1518017

Published

criminal kidnapping statute is a case in point. See § 787.01(1)(a), Fla. Stat. (1993).[1] The words are plain

Suarez v. State

644 So. 2d 1038, 1994 Fla. App. LEXIS 11312

District Court of Appeal of Florida | Filed: Nov 23, 1994 | Docket: 64752009

Published

appeal lack merit. § 775.084(2), Fla.Stat. (1991); § 787.01(1)(a)2., Fla.Stat. (1991); Brady v. Maryland,

Colbert v. State

646 So. 2d 234, 1994 Fla. App. LEXIS 10131, 1994 WL 576167

District Court of Appeal of Florida | Filed: Oct 21, 1994 | Docket: 64752502

Published

concurs. . § 782.04(l)(a), Fla.Stat. (1991). . § 787.01(1), Fla.Stat. (1991). .§ 812.13(2)(a), Fla.Stat

Sosa v. State

641 So. 2d 935, 1994 Fla. App. LEXIS 8544, 1994 WL 466366

District Court of Appeal of Florida | Filed: Aug 31, 1994 | Docket: 64750525

Published

kidnapping. Because kidnapping in violation of section 787.01 is a first degree felony punishable by a term

Blotz v. State

640 So. 2d 1240, 1994 Fla. App. LEXIS 8003, 1994 WL 419056

District Court of Appeal of Florida | Filed: Aug 12, 1994 | Docket: 64750096

Published

was charged with kidnapping in violation of section 787.01, Florida Statutes (1991), count one; sexual

Houck v. State

637 So. 2d 298, 1994 Fla. App. LEXIS 4559, 1994 WL 182039

District Court of Appeal of Florida | Filed: May 13, 1994 | Docket: 64748514

Published

kidnapping while armed with a firearm. Pursuant to section 787.01(2), Florida Statutes (1991), one who commits

Hinson v. State

634 So. 2d 1120, 1994 Fla. App. LEXIS 3265, 1994 WL 114748

District Court of Appeal of Florida | Filed: Apr 8, 1994 | Docket: 64747603

Published

was convicted of kidnapping in violation of section 787.01(l)(a)2, Florida Statutes (1991), a first degree

Sochor v. State

619 So. 2d 285, 18 Fla. L. Weekly Supp. 273, 1993 Fla. LEXIS 747

Supreme Court of Florida | Filed: May 6, 1993 | Docket: 64696567

Published

v. State, 425 So.2d 219 (Fla. 2d DCA1983); see § 787.01, Fla.Stat. (1989). Although the trial court instructed

Williams v. State

617 So. 2d 398, 1993 Fla. App. LEXIS 4480, 1993 WL 120525

District Court of Appeal of Florida | Filed: Apr 20, 1993 | Docket: 64695784

Published

instant information specifically referenced section 787.01, Florida Statutes. Since that section defines

Gloster v. State

603 So. 2d 1344, 1992 Fla. App. LEXIS 8801, 1992 WL 192992

District Court of Appeal of Florida | Filed: Aug 12, 1992 | Docket: 64669403

Published

purposes enumerated in the kidnapping statute, section 787.01(1), Florida Statutes (1989). The trial judge

Hayes v. State

598 So. 2d 135, 1992 Fla. App. LEXIS 4282

District Court of Appeal of Florida | Filed: Apr 17, 1992 | Docket: 64667094

Published

years not exceeding life. However, pursuant to section 787.-01(2), Florida Statutes, kidnapping is punishable

Brown v. State

585 So. 2d 1109, 1991 Fla. App. LEXIS 9055, 1991 WL 178174

District Court of Appeal of Florida | Filed: Sep 11, 1991 | Docket: 64661594

Published

and 777.04, Fla.Stat. (1987); and Kidnapping, § 787.01(l)(a)2., Fla.Stat. (1987). . Florida Rule of

Bishop v. Dugger

582 So. 2d 33, 1991 Fla. App. LEXIS 5580, 1991 WL 104639

District Court of Appeal of Florida | Filed: Jun 11, 1991 | Docket: 64659963

Published

pertinent part that Bishop did, in violation of Florida Statute 787.01, forcibly, secretly, or by threat confine

Sochor v. State

580 So. 2d 595, 16 Fla. L. Weekly Supp. 297, 1991 Fla. LEXIS 721

Supreme Court of Florida | Filed: May 2, 1991 | Docket: 64659171

Published

State, 425 So.2d 219 (Fla. 2d DCA 1983); see § 787.01, Fla.Stat. (1989). Although the trial court instructed

Morgan v. State

575 So. 2d 778, 1991 Fla. App. LEXIS 1797, 1991 WL 27504

District Court of Appeal of Florida | Filed: Mar 7, 1991 | Docket: 64656886

Published

Florida Statutes (1989), one count of kidnapping, section 787.01, Florida Statutes (1989), and one count of

Brinson v. State

574 So. 2d 298, 1991 Fla. App. LEXIS 1034, 1991 WL 16309

District Court of Appeal of Florida | Filed: Feb 14, 1991 | Docket: 64656341

Published

(§ 787.01(3)(a)3., Fla.Stat.), and appeals. Section 787.01(3)(a)3., Florida Statutes, provides: A person

Carver v. State

560 So. 2d 258, 1990 Fla. App. LEXIS 1930, 1990 WL 32452

District Court of Appeal of Florida | Filed: Mar 26, 1990 | Docket: 64650119

Published

bodily harm upon or to terrorize the victim_” § 787.01(l)(a)3, Fla.Stat. (1987) (emphasis supplied).

Bateson v. Dugger

556 So. 2d 498, 1990 Fla. App. LEXIS 640, 1990 WL 7638

District Court of Appeal of Florida | Filed: Feb 6, 1990 | Docket: 64647991

Published

intent to commit sexual battery, contrary to section 787.01(1)(a)2., Florida Statutes (1983). He was found

Pabon v. State

554 So. 2d 663, 1990 Fla. App. LEXIS 20, 1990 WL 130

District Court of Appeal of Florida | Filed: Jan 4, 1990 | Docket: 64647280

Published

attempted armed kidnapping in violation of section 787.01, Florida Statutes (1987), count I, and ten

Rivera v. State

549 So. 2d 1042, 14 Fla. L. Weekly 1954, 1989 Fla. App. LEXIS 4651, 1989 WL 95292

District Court of Appeal of Florida | Filed: Aug 16, 1989 | Docket: 64645349

Published

information charges Rivera with kidnapping under section 787.01(l)(a)2, Florida Statutes (1985), a first degree

Burns v. State

546 So. 2d 1137, 14 Fla. L. Weekly 1773, 1989 Fla. App. LEXIS 4143, 1989 WL 81623

District Court of Appeal of Florida | Filed: Jul 25, 1989 | Docket: 64643925

Published

kidnapping. The kidnapping was charged under Section 787.01, Florida Statutes (1987). The defendant filed

Cole v. Dugger

543 So. 2d 1296, 14 Fla. L. Weekly 1284, 1989 Fla. App. LEXIS 2990, 1989 WL 57838

District Court of Appeal of Florida | Filed: May 25, 1989 | Docket: 64642789

Published

distinct intent in the kidnapping statute. See § 787.01(l)(a)(3), Fla.Stat. (1987). Furthermore, we would

State v. Sanborn

533 So. 2d 1147

Supreme Court of Florida | Filed: Nov 23, 1988 | Docket: 64638632

Published

disapprove Williamson. The pertinent parts of section 787.01, Florida Statutes (1987), concerning the offense

Carroll v. State

530 So. 2d 454, 13 Fla. L. Weekly 2075, 1988 Fla. App. LEXIS 3833, 1988 WL 89696

District Court of Appeal of Florida | Filed: Sep 1, 1988 | Docket: 64636716

Published

concur. . § 810.02(2)(a), Fla.Stat. (1985). . § 787.01(l)(a)(2), Fla.Stat. (1985).

Ferguson v. State

519 So. 2d 747, 13 Fla. L. Weekly 399, 1988 Fla. App. LEXIS 428, 1988 WL 8083

District Court of Appeal of Florida | Filed: Feb 10, 1988 | Docket: 64632552

Published

facilitate commission of any felony. Florida Statutes, § 787.01(l)(a)(2)(1985). In Faison v. State, 426 So.2d

Pugh v. State

518 So. 2d 424, 13 Fla. L. Weekly 151, 1988 Fla. App. LEXIS 37, 1988 WL 353

District Court of Appeal of Florida | Filed: Jan 8, 1988 | Docket: 64631993

Published

and two counts of kidnapping in violation of section 787.01, Florida Statutes (1985). The appellant’s timely

Gibson v. State

509 So. 2d 1284, 12 Fla. L. Weekly 1706, 1987 Fla. App. LEXIS 9279

District Court of Appeal of Florida | Filed: Jul 14, 1987 | Docket: 64628427

Published

imprisoning another person against his will • ••[»]” § 787.01, Florida Statutes (1983). The second reason, defendant’s

Powell v. State

495 So. 2d 828, 11 Fla. L. Weekly 2104, 1986 Fla. App. LEXIS 9948

District Court of Appeal of Florida | Filed: Oct 6, 1986 | Docket: 64622204

Published

§ 794.01 l(4)(b), Fla.Stat. (Supp.1984). . § 787.01(l)(a), Fla.Stat. (Supp.1984). . § 800.04, Fla

Dorsey v. State

467 So. 2d 1075, 10 Fla. L. Weekly 1073, 1985 Fla. App. LEXIS 13669

District Court of Appeal of Florida | Filed: Apr 24, 1985 | Docket: 64611556

Published

contends, the judgment and sentence does refer to section 787.01, the kidnapping statute, then the trial court

Wade v. Parole & Probation Commission

457 So. 2d 575, 9 Fla. L. Weekly 2174, 1984 Fla. App. LEXIS 15477

District Court of Appeal of Florida | Filed: Oct 11, 1984 | Docket: 64607406

Published

on a count for- kidnapping in violation of section 787.01, Florida Statutes, and a second count for sexual

Dopazo v. State

428 So. 2d 360, 1983 Fla. App. LEXIS 18934

District Court of Appeal of Florida | Filed: Mar 22, 1983 | Docket: 64595752

Published

bodily harm upon or to terrorize the victim,” see § 787.01(l)(a)3, evidence that the defendant uttered the

Hrindich v. State

427 So. 2d 212, 1983 Fla. App. LEXIS 19111

District Court of Appeal of Florida | Filed: Feb 9, 1983 | Docket: 64595252

Published

purpose other than those referred to in § 787.01. Section 787.01, Florida Statutes (1981), defines the

Christian v. State

400 So. 2d 141, 1981 Fla. App. LEXIS 20228

District Court of Appeal of Florida | Filed: Jun 17, 1981 | Docket: 64583421

Published

and on Count IV, kidnapping in violation of section 787.01(l)(a). The judgment and sentence form for Count

Studstill v. State

394 So. 2d 1040, 1981 Fla. App. LEXIS 18703

District Court of Appeal of Florida | Filed: Feb 11, 1981 | Docket: 64580806

Published

AFFIRMED. DAUKSCH, C. J., and COWART, J., concur. . § 787.01(l)(a)2, Fla.Stat. (1979). . § 794.011(3), Fla

Smith v. State

365 So. 2d 1058, 1978 Fla. App. LEXIS 16953

District Court of Appeal of Florida | Filed: Dec 29, 1978 | Docket: 64567836

Published

years. There may have been some confusion in that § 787.01, Fla.Stat. (1977) — the statute in force at the

Deal v. State

359 So. 2d 43, 1978 Fla. App. LEXIS 15743

District Court of Appeal of Florida | Filed: Jun 2, 1978 | Docket: 64564633

Published

lesser-included offense of conspiracy to kidnap under Section 787.01(1)(a)(3). We do not reach the merits of this

Roger v. State

353 So. 2d 933, 1978 Fla. App. LEXIS 15013

District Court of Appeal of Florida | Filed: Jan 10, 1978 | Docket: 64562125

Published

point is directed to the constitutionality of Section 787.01, Florida Statutes (1975), which defines the