Florida/Georgia Personal Injury & Workers Compensation

...battery offenses, and a dozen driving offenses including some DUIs. As Rosales- 5 In Rosales-Bruno I, we applied the “modified categorical approach” to determine that Rosales-Bruno’s false imprisonment conviction under Florida Statute § 787.02 was not a “crime of violence” for guidelines purposes....

..., and against whom a final deportation order issued after October 30, 1996. See Galindo-Del Valle v. Attorney General, 213 F.3d 594, 596 (11th Cir.2000). Thus this case falls squarely within the amended Act. 5 . Brooks was convicted under Fla. Stat. § 787.02 , False Imprisonment, which is a crime of violence....

...the lesser included offense. [18] False imprisonment does not require specific intent. See State v. Sanborn, 533 So.2d 1169, 1170 (Fla.1988) (concluding that the general intent of false imprisonment is included in the specific intent of kidnapping). Section 787.02, Florida Statutes (1997), provides in pertinent part: (1)(a) The term "false imprisonment" means forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against her or his will....

...The perpetrator committed robbery under section 812.13 when he demanded the Victim’s money and rings and when he took the money she had withdrawn from her bank accounts. The perpetrator falsely imprisoned the Victim and her children pursuant to section 787.01, and violated section 787.02 by kidnapping the children. We cannot say that the non-sexual acts were “connected” to the sexual acts such that the non-sexual acts would not have occurred “but for” the sexual misconduct....

...Read only if Confinement of a child under the age of confinement thirteen (13) is against his will if such is alleged confinement is without the consent of his and child parent or legal guardian. is under thirteen years of age. *998 FALSE IMPRISONMENT F.S. 787.02 Before you can find the defendant guilty of false imprisonment, the state must prove the following three elements beyond a reasonable doubt: Elements 1....

...In this appeal, Rosales- Bruno claims that the district court erred by enhancing his sentence based on its finding that his prior conviction for false imprisonment under Florida law qualified as a conviction for a “crime of violence” under U.S.S.G. § 2L1.2(b)(1)(A)(ii). See Fla. Stat. § 787.02 (defining “false imprisonment” as “forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against her or his will”). Rosales-Bruno contends that, becau...

...rce against the person of another.” Id. The meaning of “physical force” is a question of federal law, not state law. Palomino Garcia, 606 F.3d at 1331. But, in determining whether a conviction for false imprisonment under Fla. Stat. § 787.02 is a “crime of violence” for sentencing enhancement purposes, we are bound by Florida courts’ determination and construction of the substantive elements of that state offense....

...at 1269; see also Molinos Valle Del Cibao, C. por A. v. Lama, 633 F.3d 1330, 1348 (11th Cir. 2011) (affording Johnson deference to states’ intermediate 1 In Brooks v. Ashcroft, we stated in dicta that the defendant “was convicted under Fla. Stat. § 787.02, False Imprisonment, which is a crime of violence.” 283 F.3d 1268, 1273 n.5 (11th Cir....

...at 1272 (“[T]he term ‘physical force’ itself normally connotes force strong enough to constitute ‘power’—and all the more so when it is contained in a definition of ‘violent felony.’”). Against this backdrop, we look to Florida case law to determine whether a conviction under § 787.02 necessarily involves the employment of “physical force” as that term is defined by federal law. U.S.S.G. § 2L1.2 cmt. n.1(B)(iii). Section 787.02 requires that “some amount of force” be used....

...(noting that the state must prove, among other things, that a “defendant forcibly restrained the victim against her will”). However, the force need not be “substantial.” Id. And, though that appears to be a fine distinction, case law since Proko makes clear that a § 787.02 offense can be committed without employing the type of “physical force” 6 contemplated in the Guidelines. Specifically, Florida jurisprudence indicates that “the statutory elements...

...3d 889, 891 (Fla. Dist. Ct. App. 2011) (stating that false imprisonment does not “necessarily involve[] an intentional, unlawful threat by word or act to do violence to another”); Davis v. State, 20 So. 3d 1024, 1025 (Fla. Dist. Ct. App. 2009) (construing § 787.02 to permit false imprisonment to “be accomplished by physical force, but also in other ways” (emphasis added)); Mosquera v....

...d by the government—the information and judgment—were insufficient by themselves to support a finding that Rosales- Bruno’s conviction for false imprisonment was a “crime of violence.” Essentially, both documents recited the elements of § 787.02, an offense which we have already concluded is not categorically a “crime of violence.” The government urges us to read together all of the charges contained in the information and judgment to infer a “crime of violence.” W...

...Bruno “necessarily” committed a “crime of violence” by pleading guilty to false imprisonment under Florida law. See Shepard, 544 U.S. at 21, 125 S. Ct. at 1260. As a result of our conclusion that it was error to find Rosales-Bruno’s prior conviction under § 787.02 was a “crime of violence” under U.S.S.G. 2L1.2(b)(1)(A), we vacate Rosales-Bruno’s sentence....

...s to remand to the trial court for proceedings not inconsistent with this opinion. It is so ordered. ADKINS, BOYD, OVERTON and ENGLAND, JJ., concur. NOTES [1] Effective October 1, 1975, Florida's false imprisonment statute was substantially revised. § 787.02, Fla....

...790.15 - 784.08(2)(d) Assault - 784.011 784.08(2)(c) Battery on person Battery - 784.03 Attempt 65 years of age or older 784.08(2)(d) Assault on person Assault - 784.011 Attempt 65 years of age or older 787.01 Kidnapping False Attempt imprisonment - 787.02 Aggravated assault - 784.021(1)(b) Battery - 784.03(1)(a) Assault - 784.011 787.02 False None Attempt imprisonment Battery - 784.03(1)(a) Assault - 784.011 790.01(1) Carrying concealed None Attempt weapons 790.01(2) Carrying concealed None Attempt firearms 790.06 Carrying pistol None Attempt or repeating rifle without first...

...elements of the charge have been proved. Note to This instruction should be given only if there is some evidence of Judge the defendant's lack of predisposition to commit the crime. See Munoz v. State, 629 So.2d 90 (Fla. 1993). FALSE IMPRISONMENT F.S. 787.02 Before you can find the defendant guilty of False Imprisonment, the State must prove the following threetwo elements beyond a reasonable doubt: Elements 1....

...inadmissible to the United States because he was “convicted of . . . a crime involving moral turpitude” under § 212(a)(2)(A)(i)(I) of the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1182(a)(2)(A)(i)(I), due to his conviction for false imprisonment under § 787.02, Florida Statutes. I....

...me involving moral turpitude. See Jaggernauth, 432 F.3d at 1355 (citing Matter of Short, 20 I. & N. Dec. 136, 139 (BIA 1989)). In this case, the count charging Sanchez Fajardo with false imprisonment merely tracked the general language of § 787.02(1)(a), Fla....

...Though not exacting in its details, the proposed amendment appears to assert a cause of action for false imprisonment. False arrest and false imprisonment are closely related, but false imprisonment is a broader common law tort; false arrest is only one of several methods of committing false imprisonment. See § 787.02(1)(a), Fla....

...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. The pertinent parts of section 787.02, Florida Statutes (1987), concerning false imprisonment similarly provide: (1)(a) The term "false imprisonment" means forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against his will with any purpose other than those referred to in s....

...of the crime of kidnapping and require those instructions be given. See Fla.Std. Jury Instr. (Crim.) at 260. Accord Cabe v. State, 408 So.2d 694 (Fla. 1st DCA 1982), review denied, 435 So.2d 821 (Fla. 1983). A comparison of sections 787.01(1)(a) and 787.02(1)(a) reveals they are identical except for the question of intent. We find the general intent of section 787.02(1)(a)(false imprisonment) is included in the specific intent of section 787.01(1)(a)(kidnapping), consequently false imprisonment is a necessarily lesser included offense....

...nd the convictions in the instant case, robbery and false imprisonment. Although Smith did not object below to this error, the error is fundamental. Smith, 785 So.2d at 626 (citation omitted). The respondent was convicted of false imprisonment under section 787.02(1)(a), Florida Statutes (1997), and robbery under section 812.13, Florida Statutes (1997). Section 787.02(1)(a) defines false imprisonment as forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against her or his will....

...However, the rationale of Faison is that the conduct element of section 787.01(1)(a)—"confining, abducting, or imprisoning another person against his will"—must be limited to avoid a broad construction that would doubly criminalize the same conduct. Berry, 668 So.2d at 969. The false imprisonment statute, section 787.02(1)(a), Florida Statutes (1995), contains a conduct element similar to that of kidnapping; without any limitation it might apply in almost every forcible felony....

...United States, 284 U.S. 299, 52 S.Ct. 180, 76 L.Ed. 306 (1932), codified in section 775.021, reveals that the Double Jeopardy Clause is not violated because the statutory elements of false imprisonment are different from the elements of robbery. Compare § 787.02, Fla....

...False imprisonment is a separate offense from robbery. [3] This Court recognized the difference between the crimes of kidnapping and false imprisonment in State v. Sanborn, 533 So.2d 1169, 1170 (Fla.1988). A comparison of sections 787.01(1)(a) and 787.02(1)(a) reveals they are identical except for the question of intent. We find the general intent of section 787.02(1)(a) (false imprisonment) is included in the specific intent of section 787.01(1)(a) (kidnapping), consequently false imprisonment is a necessarily lesser included offense....

...We find that the evidence of forcible restraint was sufficient to present a jury question on that issue and that the state was not required to allege or prove that the unlawful restraint was committed with specific intent. Appellant was convicted of violating section 787.02(1)(a), Florida Statutes (1989), which provides as follows: The term "false imprisonment" means forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against his will with any purpose other than those referred to in s....

...2d DCA 1983) (disputed facts on whether restraint or confinement occurred should have been presented to the jury); Jane v. State, 362 So.2d 1005 (Fla. 4th DCA 1978) (holding victim in a bear hug was sufficient evidence of false imprisonment). On the issue of intent, there are conflicting interpretations of section 787.02(1)(a), Florida Statutes (1989)....

...In the present case, Neal was convicted of two counts of false imprisonment. False imprisonment is defined as "forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against his will." § 787.02(1)(a), Fla....

...under section 810.02(2), Florida Statutes (1995)(first degree burglary), and battery under section 784.03, Florida Statutes (1995). For the Bloch episode, he was charged with battery, burglary with an assault or battery, and false imprisonment under section 787.02(1)(a), Florida Statutes (1995)....

...However, the rationale of Faison is that the conduct element of section 787.01(1)(a)—"confining, abducting, or imprisoning another person against his will"—must be limited to avoid a broad construction that would doubly criminalize the same conduct. Berry, 668 So.2d at 969. The false imprisonment statute, section 787.02(1)(a), Florida Statutes (1995), contains a conduct element similar to that of kidnapping; without any limitation it might apply in almost every forcible felony....

...his guilty plea. We conclude that the trial court erred in denying Setzer's motion to withdraw his guilty plea without holding an evidentiary hearing and, therefore, reverse. Appellant was charged with committing the offenses of false imprisonment, § 787.02, Fla....

...Faison; Hrindich. REVERSED and REMANDED for a new trial with instructions to the trial court to enter an order granting the judgment of acquittal on the charge of false imprisonment. COWART and HARRIS, JJ., concur. NOTES [1] § 794.011(5), Fla. Stat. (1987). [2] § 787.02(1)(a), Fla....

...ted utterance (section 90.803(2)) exceptions to the hearsay rule. [5] We are aware that like Cooper, the other two witnesses testified prior to the victim, however no objection was made to their testimony. [6] § 787.01(1)(a), Fla. Stat. (1987). [7] § 787.02(1)(a), Fla....

...State, 666 So.2d 995 (Fla. 5th DCA 1996). We agree with the state's main contention that the court did not err in instructing the jury, because the false imprisonment instruction it gave was complete and accurate in setting forth the elements of false imprisonment. Section 787.02, Florida Statute (1995) defines false imprisonment as follows: (1)(a) The term "false imprisonment" means forcibly by threat, or secretly confining, abducting, imprisoning, or restraining, another person without lawful authority and against his will....

...imprisonment" means forcibly by threat, or secretly confining, abducting, imprisoning, or restraining, another person without lawful authority and against his will with any purpose other than those referred to in s. 787.01. (emphasis supplied). See § 787.02, Fla.Stat....

...However, under the new version of the statute, it is no longer necessary for the state to prove, as an element of the crime of false imprisonment, that the defendant acted for a purpose other than any of the purposes listed in the kidnapping statute. Section 787.02, as amended, is purely a general intent statute with no requirement that the state prove a negative specific intent....

...Although he raises several constitutional arguments, we find merit only in his contention that the statute violates equal protection in classifying him as a "sexual offender," when he was not convicted of an offense involving any sexual component. In 1997 appellant pled no contest to a charge of false imprisonment under section 787.02, Florida Statutes....

...The original version described "sex offender" as a person who had been: convicted of committing, or attempting, soliciting, or conspiring to commit, any of the criminal offenses proscribed in the following statutes in this state or analogous offenses in another jurisdiction: s. 787.025 [luring or enticing a child], Chapter 794 [sexual battery], s....

...signated from a former statute number to one of those listed in this subparagraph. In 1998 the legislature amended section 943.0435(1)(a), modifying the definition of "sexual offender" to include kidnaping and false imprisonment, sections 787.01 and 787.02 respectively, where the victim is a minor and the defendant is not the victim's parent....

...Without question, the state has an interest in protecting the public from sexual offenders. Ch.2000-246, § 3 Laws of Fla. And the designation of a person as a sexual offender is rationally related to that goal where an accused has been convicted of false imprisonment under section 787.02(3)(a) 2., 3., or 4., which proscribes false imprisonment of a child under 13 when committed along with an enumerated sexual offense. However, where an accused is convicted of false imprisonment under sections 787.02(1)(a) and/or (b) and it is clear that the predicate crime is totally devoid of a sexual component, such rational basis is lost....

...der" means a person who has been: 1. Convicted of committing, or attempting, soliciting, or conspiring to commit, any of the criminal offenses proscribed in the following statutes in this state or similar offenses in another jurisdiction: s. 787.01, s. 787.02, or s. 787.025, where the victim is a minor and the defendant is not the victim's parent; chapter 794, excluding ss....

...794.011(10) and 794.0235; s. 796.03; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135; s. 847.0145; or any similar offense committed in this state which has been redesignated from a former statute number to one of those listed in this subparagraph. [2] Section 787.02 provides: (1)(a) The term "false imprisonment" means forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against her or his will....

...We affirm the judgment of conviction for kidnapping Katrina, and the resulting sentence. Affirmed in part; reversed in part. NOTES [1] We note that the trial judge decided this case without having been apprised of Badalich as neither the state nor the defense cited it at trial. [2] Section 787.02, Florida Statutes, provides in pertinent part: "False imprisonment — ......

...Gen., Tallahassee, and Robert L. Bogen, Asst. Atty. Gen., West Palm Beach, for appellee. PER CURIAM. This cause is before us on direct appeal from a final judgment of the Circuit Court of Orange County, inherently upholding the constitutionality of Section 787.02, Florida Statutes (1975)....

...We have jurisdiction pursuant to Article V, Section 3(b)(1), Florida Constitution. Harrell's Candy Kitchen, Inc. v. Sarasota-Manatee Airport Authority, 111 So.2d 439 (Fla. 1959). Appellant was charged in a three count information with two counts of false imprisonment in violation of Section 787.02, Florida Statutes (1975), and one count of solicitation to commit prostitution or lewdness contrary to Section 796.07(3)(b), Florida Statutes (1975)....

...3.190(c)(4), alleging that there were no material disputed facts and the undisputed facts did not establish a prima facie case on any of the three counts. The final motion to dismiss filed by appellant was directed solely to the counts charging false imprisonment and alleged that Section 787.02, Florida Statutes (1975), is facially unconstitutional in that it is vague, indefinite and ambiguous. The trial court, following a hearing on the motions, entered an order denying all three motions, thus inherently upholding the constitutionality of Section 787.02, Florida Statutes (1975). The appellant thereafter pled nolo contendere to all three counts and was adjudicated guilty of each. On appeal, appellant assigns as error the trial court's denial of his motions to dismiss. Section 787.02, Florida Statutes (1975), provides: "(1)(a) `False imprisonment' means forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against his will with any purpose other than those referred to in § 787.01....

...[A] statute which either forbids or requires the doing of an act in terms so vague that men of common intelligence must necessarily guess at its meaning and differ as to its application violates the first essential of due process of law." From an examination of Section 787.02, Florida Statutes (1975), we hold that the wording of the statute is sufficiently explicit to inform those who are subject to its provisions what conduct on their part will render them liable to its penalties. More specifically, we find that subsection (1)(a) of Section 787.02, Florida Statutes (1975), is not "so vague that men of common intelligence must necessarily guess at its meaning and differ as to its application." A reading of subsection (1)(a) clearly indicates that it is written in the disjunctive...

...n Faison v. State, 426 So.2d 963 (Fla. 1983). Concluding that Faison is inapplicable to the circumstances presented in this case, we affirm. The appellant was charged by information with false imprisonment and simple battery in violation of Sections 787.02 and 784.03, Florida Statutes....

...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. Section 787.02(1)(a) defines false imprisonment in this manner: The term "false imprisonment" means forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against his will with any purpose other than those referred to in s....

....087(2)(a)(1)(g), Florida Statutes (2000); a consecutive 21 months for false imprisonment with a firearm (to commence after the 13 years of minimum mandatory sentences for aggravated assault with a firearm and aggravated battery with a firearm), per Section 787.02(2), Florida Statutes (2000), and 3 year sentences, both of which were suspended, on the two battery counts....

...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. The false imprisonment statute, section 787.02, Florida Statutes (1987), provides, in part: (1)(a) The term "false imprisonment" means forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against his will with any purpose other than those referred to in s....

...Sanborn, 533 So.2d 1169, 1170 (Fla.1988)(kidnapping and false imprisonment are identical except for the question of intent). Thus, proof of the elements of the kidnapping statute, under Sanborn, constitutes proof of the elements of false imprisonment. See Perez v. State, 566 So.2d 881, 883 (Fla. 3d DCA 1990); § 787.02, Fla....

...e safe. The jury was free to believe this testimony (as it apparently did), and also to determine such detention of the victim went beyond acts incidental to the robbery. See Perez v. State 566 So.2d 881 (Fla. 3d DCA 1990). I would affirm. NOTES [1] Section 787.02, Florida Statutes (1995) defines "false imprisonment" as "forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against her or his will."

...Regarding the charge of false imprisonment, appellant contends that the evidence was insufficient to convict him of that crime because there was no proof of restraint by threat or in a secret manner. It is appellant's view that, since the statute defining false imprisonment, Section 787.02(1)(a), Florida Statutes (1977), provides: "`False imprisonment' means forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against his will with any purpose othe...

...nt must have been imposed by threat or in a secret manner. We reject appellant's contention upon authority of Brunelle v. State, 360 So.2d 70, Florida Supreme Court opinion filed May 26, 1978, wherein the court said: "A reading of subsection (1)(a) [787.021(1)(a)] clearly indicates that it is written in the disjunctive with adverbs `forcibly,' `threat' and `secretly' all being intended to modify the verbs `confining,' `abducting,' `imprisoning' and `restraining'....

...False imprisonment is a lesser-included offense of kidnapping. "The term `false imprisonment' means forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against her or his will." § 787.02(1)(a), Fla....

...We additionally conclude that there was sufficient evidence to support the defendant's conviction for false imprisonment based upon the victim's mother's testimony that she was ordered at gunpoint by one of the armed assailants to go to her bedroom. *572 See § 787.02(1)(a), Fla....

...The jury instruction delivered by the court read: Before you can find the Defendant guilty of False Imprisonment, the State must prove the following two elements beyond a reasonable doubt: 1. Defendant forcibly, secretly or by threat, restrained Pamela Tierney against her will. 2. Defendant had no lawful authority. Section 787.02, Florida Statutes (1985) requires, and the standard jury instruction on false imprisonment clearly delineates, a third element that distinguishes the crime of false imprisonment from the crime of kidnapping....

...This third element was crucial to the facts in the case against appellant because the evidence may support a finding by the jury that the perpetrator handcuffed the victim for the purpose of facilitating the sexual battery or other felony. As such, by the clear language of section 787.02 and the standard instruction, appellant could not be guilty of false imprisonment if the only purpose of the restraint was to commit or to facilitate the commission of a felony....

...A motion to dismiss under rule 3.190(c)(4) should be granted only where the most favorable construction to the state would not establish a prima facie case of guilt. State v. Smith, 348 So.2d 637, 638 (Fla. 2d DCA 1977); State v. Swoveland, 413 So.2d 166 (Fla. 2d DCA 1982). Section 787.02(1)(a), Florida Statutes (1981), defines false imprisonment as "forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against his will with any purpose other than...

...offense of false imprisonment. § 924.34, Fla. Stat. (2004). "False imprisonment" is defined as "forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against her or his will." § 787.02(1)(a), Fla....

...The other issues raised by Michaud are without merit. AFFIRMED, in part; REVERSED in part; REMANDED. MONACO, C.J. and COHEN, J., concur. NOTES [1] § 784.045(1)(a)2, Fla. Stat. (2008). [2] §§ 784.021(1)(a) and 775.087(2)(a)1., Fla. Stat. (2008). [3] § 787.02, Fla....

...Pursuant to the habitual offender statute, [1] the defendant was sentenced on one count (burglary of a dwelling while armed, § 810.02(2)(b), Fla. Stat.) to 60 years imprisonment. Consecutive to the 60 year sentence, the defendant was sentenced on two other counts (false imprisonment, § 787.02(2), Fla....

case law to determine whether a conviction under § 787.02 necessarily involves the employment of ‘physical

...NOTES [1] § 794.011(4), Fla. Stat. (1995). [2] § 794.023, Fla. Stat. (1995). [3] § 794.011(4); 777.011, Fla. Stat. (1995). [4] Mr. Cuevas has not challenged his judgment and sentence entered on count III, relating to the crime of false imprisonment, section 787.02, Florida Statutes (1995)....

...risonment or interference with the lawful custody of that child. Count one of the state's amended information charged the appellee, Michael Badalich, with false imprisonment of Nancy Marie Badalich, a child under the age of thirteen, in violation of section 787.02, Florida Statutes (Supp....

...parentage. The trial court granted the motion and explained its rationale in a detailed order, which provides in pertinent part: ISSUES I. BASED ON THE FACTS OF THIS CASE, IS THERE A LEGAL BASIS TO CHARGE THE DEFENDANT WITH A VIOLATION OF FLA. STAT. 787.02, FALSE IMPRISONMENT, and FLA....

...The Court does not condone the behavior of the Defendant. The Court simply finds that the appropriate remedy is in the Civil Court and not in the Criminal Court. We have no problem in agreeing with the trial court's dismissal of the false imprisonment charge. This is so because section 787.02(1)(b) clearly requires that the confinement contemplated by this charge must be without the consent of the child's "parent or legal guardian." (Emphasis added.) It does not say both parents must consent....

...Therefore, the lower court erred in dismissing count two of the state's amended information which charged the appellee with the misdemeanor offense of interference with custody. AFFIRMED in part; REVERSED in part; and REMANDED for further proceedings consistent with this opinion. UPCHURCH and COWART, JJ., concur. NOTES [1] Section 787.02, Florida Statutes, reads as follows: False imprisonment....

...Brummer, Public Defender and Stuart Gitlitz, Special Asst. Public Defender, for appellee. Before HENDRY, NESBITT and BASKIN, JJ. PER CURIAM. The state appeals from an order of the trial court dismissing an information filed against the defendant which charged him with false imprisonment in violation of section 787.02, Florida Statutes (1979)....

...inement of the child was without the consent of her parent or legal guardian. We find no merit to Defendant's other arguments and affirm his convictions on the following charges: (1) luring or enticing a child under the age of twelve in violation of section 787.025, Florida Statutes (2006); (2) child abuse in violation of section 827.03(1)(b), Florida Statutes (2006); and (3) lewd or lascivious molestation—offender eighteen or older, victim twelve or younger in violation of section 800.04(5)(b), Florida Statutes (2006)....

...ission of the crime."); see, e.g., Alvarez v. State, 963 So.2d 757, 764-65 (Fla. 3d DCA 2007) (holding it was fundamental error to convict the defendant of the crime of carjacking when the victim was unaware of the theft—an element of the offense). Section 787.02(1)(a), Florida Statutes (2006) defines false imprisonment as "forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against her or his will." If the confinement is of a child under age thirteen, then it is against her or his will if it is "without the consent of her or his parent or legal guardian." Section 787.02(b), Fla....

...reated relationship between the child and caregiver which is intended to be permanent and self-sustaining and is provided pursuant to the procedures in chapter 744.'" Our analysis of the issue and the result reached are constrained by the wording of section 787.02(3)(a), Florida Statutes (2006)....

...ll. Because the State failed to prove an essential element of the crime, it was fundamental error to convict Defendant of aggravated false imprisonment. Accordingly, we reverse Defendant's conviction for aggravated false imprisonment in violation of section 787.02(3)(a), Florida Statutes (2006)....

...Gen., West Palm Beach, for appellee. BERANEK, Judge. Defendants were convicted of (1) burglary of a dwelling with intent to commit robbery and in the course thereof committing an assault, (2) robbery with a dangerous weapon, and (3) false imprisonment under Section 787.02, Florida Statutes (1977)....

...Jim Smith, Atty. Gen., and Raymond L. Marky, Asst. Atty. Gen., Tallahassee, for appellee. PER CURIAM. Appellant seeks review of a judgment of conviction and sentence based upon a jury verdict finding him guilty of the crime of false imprisonment. See Section 787.02, Fla....

...4th DCA 1996) (order committing juvenile to Level 8 program for indeterminate period of time was improper and should have specified a commitment for one year, the maximum allowable sentence for his misdemeanor). The pertinent statute governing false imprisonment states: 787.02 False imprisonment; false imprisonment of child under age 13, aggravating circumstances.— (1)(a) The term "false imprisonment" means forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against her or his will § 787.02(1)(a), Fla....

...t of forcibly confining or restraining the victim without lawful authority and against her will. Pursuant to section 777.011, Florida Statutes (1997), T.B.'s acts constitute aiding and abetting the commission of the crime of false imprisonment under section 787.02(1)(a), Florida Statutes (1997)....

...; Jones v. State, 648 So.2d 1210 (Fla. 4th DCA 1995). The parties agree that the written juvenile disposition order must be corrected. [1] False imprisonment is a third-degree felony "punishable by a term of imprisonment not exceeding five years." §§ 787.02(2) & 775.082(3)(d), Fla....

...da Statutes (2008); lewd or lascivious molestation, in violation of section 800.04(5)(c)1, Florida Statutes (2008); lewd or lascivious exhibition, in violation of section 800.04(7)(c), Florida Statutes (2008); and false imprisonment, in violation of section 787.02(1)(b), Florida Statutes (2008)....

...nt to commit the felony *776 of grand theft. [3] It is entirely possible that the defendant had no intent to steal his victim's car when he first bound and gagged her. Arguably, the offense may have been only false imprisonment at its inception. See § 787.02, Fla....

...On August 28, 2008, Munroe pleaded no contest to failure to register as a sexual offender in the Sixth Judicial Circuit, Pasco County. See § 943.0435(9), Fla. Stat. (2007). He was designated a sexual offender because he had been convicted of false imprisonment in the Seventeenth Judicial Circuit, Broward County. See § 787.02, Fla....

...graph d., as follows: a.(I) Has been convicted of committing, or attempting, soliciting, or conspiring to commit, any of the criminal offenses proscribed in the following statutes in this state or similar offenses in another jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c), where the victim is a minor and the defendant is not the victim's parent or guardian; s....

...Graham, III, with the offense of false imprisonment. We reverse. The state filed an information which alleged in pertinent part that appellee did forcibly, by threat, or secretly confine, abduct, imprison, or restrain one Sharon Gray *271 against her will. The information also set forth section 787.02, Florida Statutes (1983), as the applicable statute number....

...The trial court granted appellee's motion to dismiss the information on the ground that false imprisonment is a specific intent crime and the information failed to allege the purpose for which the crime had been committed. The false imprisonment statute provides in part as follows: 787.02 False imprisonment....

...le. We realize this opinion is in conflict with Walker, supra ; Spaziano, supra (as modified by Tobey ). AFFIRMED. COBB and COWART, JJ., concur. NOTES [1] § 782.04(2), Fla. Stat. (1985). Rojas was also convicted of two counts of false imprisonment. § 787.02(1)(a), Fla....

...cannot conclude that the evidence supports a finding that the husband “forcibly, by threat, or secretly confin[ed], abduct[ed], imprison[ed], or 2 restrain[ed his wife] without lawful authority and against her . . . will.” § 787.02(1)(a), Fla....

...ty on the battery charge is reversed, and the cause is remanded with directions to vacate the judgment and sentence on the battery charge. Affirmed in part; reversed in part, with directions. SCHOONOVER, A.C.J., and ALTENBERND, J., concur. NOTES [1] Section 787.02(1)(a), Florida Statutes (1991), provides: `False imprisonment' means forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against his will with any purpose other than those referred to in § 787.01....

...tory elements of the offense); Sinclair v. State, 973 So.2d 665, 665 (Fla. 3d DCA 2008) (reversing sentence and remanding for resentencing because false imprisonment is not enumerated in subsection 775.082(9)(a)1., Florida Statutes (2004)); see also § 787.02(1)(a), Fla....

...ssion of a forcible felony. § 776.012, Fla. Stat. (2011). False imprisonment is defined as “forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against her or his will.” § 787.02(l)(a), Fla....

...State, 785 So.2d 623 (Fla. 5th DCA 2001), review granted, 807 So.2d 655 (Fla.2002), and Perez v. State, 566 So.2d 881 (Fla. 3d DCA 1990), argues that he did not commit the offense of false imprisonment, because the victim was never confined or restrained, as required by section 787.02(1), Florida Statutes (1999), [1] and under Faison v....

...Until 1993, the statute was the same as the current version quoted in footnote 1, but it included at the end of the provision this additional language: "with any purpose other than those referred to in s. 787.01," which is the kidnaping statute. Accordingly, section 787.02(1) expressly excluded the offense of confinement with intent to commit a felony under the kidnaping statute set out in section 787.01, which was the provision the court was construing in Faison....

...Nonetheless, we are not required to decide whether the Faison test is applicable because, as in Perez, appellant's conviction is sustainable even under the stringent Faison analysis. AFFIRMED. ERVIN, BARFIELD and VAN NORTWICK, JJ., concur. NOTES [1] In proscribing false imprisonment, section 787.02(1) provides: "The term `false imprisonment' means forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against her or his will." [2] § 787.01(1)(a)(2), Fla....

...We observe, however, that the guidelines scoresheet for the defendant recommended a sentencing range of 17 to 22 years. Defendant was convicted of two third degree felonies, each of which ordinarily carries a five year penalty. See §§ 794.011(5) & 777.04(4)(c), Fla. Stat. (1987) (attempted sexual battery); Id. § 787.02 (false imprisonment)....

...To establish the crime of false imprisonment, the state is required to prove two elements beyond a reasonable doubt: (1) the defendant forcibly, secretly, or by threat confined, abducted, imprisoned or restrained the victim against his or her will; and (2) the defendant had no lawful authority to do so. § 787.02(1)(a), Fla....

...the time the offender committed the primary offense; and (ii) the primary offense was committed on or after October 1, 2014, and is a violation of: a. section 787.01(2) (kidnapping) or 787.02(2) (false imprisonment), Florida Statutes, if in the course of committing the kidnapping or false imprisonment the defendant committed a sexual battery under chapter 794, Florida Statutes, or a lewd act under section 800.04 or 847.0135(5), Florida Statutes, against the victim; b. section 787.01(3)(a)2. or (3)(a)3., Florida Statutes, (kidnapping of a child under 13 with a sexual battery or lewd act); c. section 787.02(3)(a)2....

...This confinement did not rise to the level of kidnapping. See, e.g., Sanders v. State, 905 So.2d 271 (Fla. 2d DCA 2005). The jurors were instructed on the kidnapping charge and on the lesser included offense of false imprisonment. The evidence supports the lesser crime. See § 787.02(l)(a) (defining false imprisonment as “forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against her or his will”)....

...The Supreme Court's construction of section 775.087(1) in State v. Rodriguez, 602 So.2d 1270 (Fla.1992), compels reversal. Grand theft and false imprisonment are typically charged as third-degree felonies. See § 812.014(2)(c), Fla. Stat. (2008) (grand theft); § 787.02(2), Fla....

...4th DCA 2011). Affirmed in part, reversed in part and remanded. HAZOURI and CIKLIN, JJ., concur. NOTES [1] §§ 775.082(2)(a)1., 812.13(1), (2)(a), Fla. Stat. (2008). [2] §§ 775.087(1), 812.014(1), (2)(c), Fla. Stat. (2008). [3] §§ 775.087(1), 787.02(2), Fla....

...Plaintiff was, therefore, found to have resisted, obstructed or opposed Defendant Schramm in the lawful execution of Defendant Schramm's legal duty. Because resisting a police officer is unlawful conduct, such conduct provides probable cause for an arrest. Additionally, pursuant to § 787.02, Fla.Stat....

...ed in other instructions. Lesser Included Offenses KIDNAPPING* — 787.01 CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. False imprisonment 787.02 9.2 Attempt 777.04(1) 5.1 Aggravated assault 784.021 8.2 Battery 784.03 8.3...

...Stat., then those sex crimes would be lesser-included crimes. This instruction was adopted in 1981 and amended in 1985 [477 So. 2d 985], 2014 [152 So. 3d 475], and 2015 [167 So. 3d 443], and 2017. 9.2 FALSE IMPRISONMENT § 787.02, Fla....

...Read only if confinement is alleged and victim is under 13 years of age. Confinement of a child under the age of 13 is against the child’s will if such confinement is without the consent of the child’s parent or legal guardian. If a violation of § 787.02(3), Fla....

...Computer Service] against (same victim as in element #2). Define applicable felony unless included in other instructions. - 18 -  Lesser Included Offenses FALSE IMPRISONMENT* — 787.02 CATEGORY ONE CATEGORY TWO FLA....

...crime constitutes kidnapping, does not apply to false imprisonment. Sanders v. State, 905 So. 2d 271 (Fla. 2d DCA 2005). *If the State alleged the first-degree felony punishable by life of False Imprisonment with aggravating circumstances in § 787.02(3), Fla....

...efore that Champagne's sentence is legal. I. Background Champagne was convicted of robbery with a firearm, a first-degree felony punishable by life in prison, see § 812.13(2)(a), Fla. Stat. (2005), and false imprisonment, a third-degree felony, see § 787.02(2), Fla....

...The evidence is that appellant entered a home as a burglar and before leaving, probably to facilitate his escape, he bound his victim with duct tape. For the binding he was convicted of false imprisonment. The standard jury instructions regarding this crime are as follows. FALSE IMPRISONMENT F.S. 787.02 Before you can find the defendant guilty of False Imprisonment, the State must prove the following three elements beyond a reasonable doubt: 1....

...da Statutes (2008); lewd or lascivious molestation, in violation of section 800.04(5)(c)l, Florida Statutes (2008); lewd or lascivious exhibition, in violation of section 800.04(7)(c), Florida Statutes (2008); and false imprisonment, in violation of section 787.02(l)(b), Florida Statutes (2008)....

...e. Some of the more significant changes to the standard jury instructions are as follows. With respect to instructions 9.1 and 9.2, amongst other changes, the instructions are amended to include the enhancement in sections 787.01(3)(a) and 787.02(3)(a), Florida Statutes (2013), respectively, which enhances the offense of kidnapping or false imprisonment from a first-degree felony punishable by life to a life felony if the victim was less than thirteen years of age and the defendant...

...-6-  Lesser Included Offenses KIDNAPPING — 787.01 CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. False imprisonment 787.02 9.2 Attempt 777.04(1) 5.1 Aggravated assault 784.021 8.2 Battery 784.03 8.3...

...kidnapping his or her own child. See Davila v. State, 75 So. 3d 192 (Fla. 2011). This instruction was adopted in 1981 and amended in 1985 [477 So. 2d 985] and 2014. 9.2 FALSE IMPRISONMENT § 787.02, Fla._Stat. To prove the crime of False Imprisonment, the State must prove the following two elements beyond a reasonable doubt: 1....

...ild victim is under 13 years of age. Confinement of a child under the age of 13 is against [his] [her] the child’s will if such confinement is without the consent of [his] [her] the child’s parent or legal guardian. If a violation of § 787.02(3), Fla....

...a Prostitute upon (victim)] [an Exploitation of a Child upon (victim)]. Define applicable felony unless included in other instructions. Lesser Included Offenses FALSE IMPRISONMENT — 787.02 CATEGORY ONE CATEGORY TWO FLA....

...SAWAYA, J., concurs in result only. LAWSON, J., dissents, with opinion. . Pursuant to the plea agreement, the accompanying charges against Hernandez for cultivation of cannabis and possession of drug paraphernalia were nolle prossed by the State. • • . Pursuant to section 787.02(2), Florida Statutes (2008), false imprisonment is a third degree felony....

guilty to false imprisonment in violation of section 787.02, Florida Statutes (1985). The state alleged

...Finally, he argues that his convictions must be set aside because the trial court did not have a sufficient factual basis to accept his pleas. We affirm the judgments and sentences, addressing each argument in turn. Issue I — Double Jeopardy 1. Relationship between false imprisonment and molestation charges. Section 787.02(l)(a), Florida Statutes (2005), defines “false imprisonment” to mean “forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without authority and against her or his will.” Simple false imprisonment is a third degree felony. See § 787.02(2) Fla....

...n, to which he pled, is also included within the false imprisonment charge to which he pled. However, Moore’s assertion that his two convictions violate double jeopardy is incorrect in light of an express statement of intent by the Legislature, in section 787.02(3)(b), Florida Statutes, that “separate judgments and sentences” be permitted for the first degree offense of false imprisonment of a child under age thirteen, and for any enumerated offense that the state must prove to establish a first degree false imprisonment....

...306 (1932) ] 6 a court’s task of statutory construction is at an end and the *994 prosecutor may seek and the trial court or jury may impose cumulative punishment under such statutes in a single trial.” State v. Barritt, 531 So.2d 338, 341 (Fla.1988) (citations omitted). Based upon our conclusion that section 787.02(3)(b), Florida Statutes, is an explicit statement of legislative intent to authorize separate punishments for both false imprisonment of a child under age thirteen and for lewd and lascivious molestation, arising from the same criminal episode, we find no double jeopardy violation....

...State, 853 So.2d 537 (Fla. 5th DCA 2003). 7 Therefore, Moore is not entitled to relief with respect to his third and final claim either. For the reasons set forth above, we AFFIRM the judgments and sentences in all respects. PALMER, C.J., and PLEUS, J., concur. . § 787.02(3)(a), Fla. Stat. (2005). . § 800.04(5)(c)2, Fla. Stat. (2005). .§ 784.03, Fla. Stat. (2005). . Moore trapped the victim in a hotel elevator, where he molested her. . The exact wording of section 787.02(3)(b), Florida Statutes, is as follows: "Pursuant to § 775.021(4), nothing contained herein shall be construed to prohibit the imposition of separate judgments and sentences for the first degree offense described in paragraph (a) and...

...State, 939 So.2d 1095 (Fla. 1st DCA 2006), the court noted: “False imprisonment” is defined as “forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against her or his will.” § 787.02(l)(a), Fla....

...for kidnapping but constituted an act of sufficient restraint to support a conviction for the lesser included offense of false imprisonment) (emphasis added). We also note that the word “imprisonment,” as used in the false imprisonment statute, section 787.02(1), has long since lost any resemblance to the common and ordinary definition of the word....

...Conner’s judgment and sentence for kidnapping. Although the evidence was insufficient to prove kidnapping, Mr. Conner’s act of restraining his victim during the attack was sufficient to constitute the lesser included offense of false imprisonment. See § 787.02; see also Gray, 939 So.2d at 1097 ....

...The sentences are vacated and this cause is remanded for resentencing consistent with the views herein. GLICKSTEIN, C.J., and DELL, J., concur. . Rule 3.701(d)(3)(b) Fla.R.Crim.P. . We do not find in the record any sentence imposed for the misdemeanor, possibly an oversight in view of the seriousness of other sentences. . Section 787.02, Florida Statutes (1991)....

...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. The pertinent parts of section 787.02, Florida Statutes (1987), concerning false imprisonment similarly provide: (l)(a) The term “false imprisonment” means forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful...

...f the crime of kidnapping and require those instructions be given. See Fla.Std. Jury Instr. (Crim.) at 260. Accord Cabe v. State, 408 So.2d 694 (Fla. 1st DCA 1982), review denied, 435 So.2d 821 (Fla. 1983). A comparison of sections 787.-01(l)(a) and 787.02(l)(a) reveals they are identical except for the question of intent....

...4th DCA 1973). 2Faretta v. California, 422 U.S. 806 (1975).  A jury convicted Mr. Davis of burglary with an assault or battery, in violation of section 810.02, Florida Statutes (2013), false imprisonment, in violation of section 787.02, Florida Statutes (2013), and stalking, in violation of section 784.048, Florida Statutes (2013)....

...Percznski v. State, 366 So.2d 863 (Fla. 4th DCA 1979); Durcan v. State, 350 So.2d 525 (Fla.3d DCA 1977); Corbo v. State, 347 So.2d 133 (Fla.3d DCA 1977); McCloud v. State, 335 So.2d 257 (Fla. 1976); *1059 Silvestri v. State, 332 So.2d 351 (Fla. 4th DCA 1970); Section 787.02(1)(a), Florida Statutes (1977); Rule 3.190 Fla.R.Crim.P.

...Appellant argues, and the state concedes, that the trial court erred in imposing a fifteen-year sentence for the offense of false imprisonment. Appellant was not charged with carrying a weapon during the commission of this offense, which therefore is a third degree felony. § 787.02(2), Fla....

...but the timing 4 suggests that it may have been the 1982 armed robbery and kidnapping. His judgment says he pleaded nolo contendere to “the lesser included offense of false imprisonment,” Fla. Stat. 787.02(1)(a), a third degree felony....

...Sworn statements were obtained from the victims. 2 “The term ‘false imprisonment’ means forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against her or his will.” Fla. Stat. § 787.02(1)(a) (emphasis added). 6 assuming that the fifteen-year mandatory minimum under the Armed Career Criminal Act did not apply....

...or his will.”6 It is a third degree felony punishable by up to five years of 5 United States v. Bennett, 472 F.3d 825, 832 (11th Cir. 2006) (“[C]hallenges to the facts contained in the PSI must be asserted with specificity and clarity.”). 6 Fla. Stat. § 787.02(1)(a). 10 imprisonment.7 False imprisonment is a lesser included offense of kidnapping,8 which is a first degree felony punishable by life imprisonment.9 Kidnapping differs in that it requi...

...fifteen years for certain violations of what is colloquially called “felon in possession.” Generally, possession of a firearm by someone previously convicted of a felony, or subject to certain other disqualifiers, is itself a felony.11 If the felon 7 Fla. Stat. §§ 787.02(2), 775.082(3)(d). 8 State v....

...restrain[] another person without lawful authority and against her or his will.”51 The Begay inquiry into whether the crime is “purposeful, violent, and aggressive” therefore does not, under Sykes and Chitwood, apply. AFFIRMED. 51 Fla. Stat. § 787.02(1)(a); see also State v....

...ivener’s error that must be corrected on remand. Appellant was charged by information with armed robbery (a first degree felony punishable by life under section *411 812.13(2)(a), Florida Statutes (1997)), and armed kidnapping (a life felony under section 787.02(2), Florida Statutes (1997))....

...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." [2] The legislature has also created the crime of false imprisonment. See § 787.02, Fla....

...he commission of the offense, said defendant possessed a firearm or destructive device and/or during the commission of such felony, said defendant carried, displayed, used, threatened, or attempted to use a weapon, to wit: A FIREARM, in violation of s. 787.02(2) 4 and 775.087 5 , Fla. Stat.” In the caption on the first page of the information, Count Four alleged “FALSE IMPRISONMENT/ARMED 787.02(2) & 775.087 FEL 2D.” Count Five alleged Pickett committed tampering with a witness or victim in the “investigation or prosecution of a second degree felony, to wit: aggravated battery on a pregnant person and/or ......

...For this reason, the cases cited by Pickett in support of his "alternative theory" argument are inapposite. See, e.g., Jomolla v. State, 990 So.2d 1234 (Fla. 3d DCA 2008); Brown v. State, 41 So.3d 259 (Fla. 4th DCA 2010); Calloway v. State, 37 So.3d 891 (Fla. 1st DCA 2010). . Section 787.02 provides in relevant part: (1)(a) The term "false imprisonment” means forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against her or his will....

...97-18380, Billias was convicted of introducing contraband into a county detention facility in violation of section 951.22, Florida Statutes (a third-degree felony, with a maximum penalty of five years in state prison). In case no. 99-31256, Billias was convicted of false imprisonment in violation of section 787.02(1), Florida Statutes (also a third-degree felony with the same maximum penalty)....

...age or older and the victim was younger than 18 years of age at the time the offender committed the primary offense, and if the primary offense was an offense committed on or after October 1, 2014, and is a violation of s. 787.01(2) or s. 787.02(2), if the violation involved a victim who was a minor and, in the course of committing that violation, the defendant committed a sexual battery under chapter 794 or a lewd act under s. 800.04 or s. 847.0135(5) against the minor; s. 787.01(3)(a) 2. or 3.; s. 787.02(3)(a) 2....

...The parties disagree as to both portions on appeal. First, the State argues that the adult-on-minor multiplier was not applicable to Millien’s sentencing because the multiplier applies only when there has been a violation of either section 787.01(2) or section 787.02(2), Florida Statutes, and a violation of one of the various sexual offenses listed....

...younger than 18 years of age at the time the offender committed the primary offense; and (ii) the primary offense was committed on or after October 1, 2014, and is a violation of: a. section 787.01(2) (kidnapping) or 787.02(2) (false imprisonment), Florida Statutes, if in the course of committing the kidnapping or false imprisonment the defendant committed a sexual battery under chapter 794, Florida Statutes, or a lewd act under section 800.04 or 847.0135(5), Florida Statutes, against the victim; b....

...Therefore, applying the multiplier results in Millien’s LPS exceeding the statutory maximum sentence for his primary offense under chapter 775. What the adult-on-minor multiplier requires once this determination is made is the main point of contention. c. section 787.02(3)(a)2....

offense of false imprisonment. See § 787.02(l)(a), Fla. Stat. (2011); see also State

the jury on false imprisonment. Even though section 787.02, Florida Statutes (1997), entitled “False Imprisonment

...to an order of a state agency or court. The kidnapping statute under which Geralyn Graham was charged, section 787.01(1)(a)4., more appropriately encompasses the totality and gravity of Geralyn Graham’s felonious conduct than the crimes defined in sections 787.02 (false imprisonment), 787.03 (interference with custody), and 787.04 (removal of child from state). A false imprisonment under section 787.02 does not necessarily interfere with the performance of a governmental function. Interference with custody (section 787.03) or removal from the state (section 787.04) are not necessarily forcible, secret, by threat, or against the will of the child....

...a Statutes9; the history and source of the 9 See and compare § 787.01, Fla. Stat. (Kidnapping) (a first-degree felony punishable by life imprisonment, and requires proof of at least one of the four aggravating circumstances of intent or purpose); § 787.02 (False Imprisonment) (a third-degree felony, proscribing the same conduct as kidnapping but without any of 18 legislation10; the intent and meaning of this language as expressed by the originating...

...As to the kidnapping charge, the jury returned a verdict of guilty of false imprisonment. This court has held that a defendant cannot be convicted of false imprisonment if the purpose of the confinement was to commit or facilitate the commission of a felony. Shelby v. State, 541 So.2d 1219 (Fla. 2d DCA 1989); see also § 787.02(l)(a), Fla....

jury that conspiracy to falsely imprison under Section 787.02(1)(a), Florida Statutes (1975), is a lesser-included

...battery offenses, and a dozen driving offenses including some DUIs. As Rosales- 5 In Rosales-Bruno I, we applied the “modified categorical approach” to determine that Rosales-Bruno’s false imprisonment conviction under Florida Statute § 787.02 was not a “crime of violence” for guidelines purposes....

...Previously, upon the proposal of the Supreme Court Committee on Standard Jury Instructions in Criminal Cases (Committee), the Court authorized for publication and use amendments to instructions 9.1 (Kidnapping) and 9.2 (False Imprisonment) in response to recent amendments to section 787.01(3)(a), Florida Statutes (2014), and section 787.02(3)(a), Florida Statutes (2014)....

...y Defective Person] [or] [a Mentally Incapacitated Person] was Involved]. Define applicable felony unless included in other instructions. Lesser Included Offenses KIDNAPPING — 787.01 CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. False imprisonment 787.02 9.2 Attempt_777.04(1)51 Aggravated assault 784.021 8.2 Battery 784.03 8.3 Assault 784.011 8.1 Comments The Kidnapping statute does not exempt a parent from criminal liability for kidnapping his or her own child. See Davila v. State, 75 So.3d 192 (Fla.2011). This instruction was adopted in 1981 and amended in 1985 [ 477 So.2d 985 ], 2014 [ 152 So.3d 475 ], and 2015. 9.2 FALSE IMPRISONMENT § 787.02, Fla....

...Read only if confinement is alleged and victim is under 13 years of age. Confinement of a child under the age of 13 is against the child’s will if such confinement is without the consent of the child’s parent or legal guardian. If a violation of § 787.02(3), Fla....

...exual Activity in which [a Child under the Age of 18] [a Mentally Defective Person] [or] [a Mentally Incapacitated Person] was Involved]. Define applicable felony unless included in other instructions. Lesser Included Offenses FALSE IMPRISONMENT — 787.02 CATEGORY ONE CATEGORY TWO FLA....

...Jury Instructions in Criminal Cases (Committee), the Court authorized for publication and use amendments to instructions 9.1 (Kidnapping) and 9.2 (False Imprisonment) in response to recent amendments to section 787.01(3)(a), Florida Statutes (2014), and section 787.02(3)(a), Florida Statutes (2014)....

...-5-  Lesser Included Offenses KIDNAPPING — 787.01 CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. False imprisonment 787.02 9.2 Attempt 777.04(1) 5.1 Aggravated assault 784.021 8.2 Battery 784.03 8.3...

...kidnapping his or her own child. See Davila v. State, 75 So. 3d 192 (Fla. 2011). This instruction was adopted in 1981 and amended in 1985 [477 So. 2d 985], 2014 [152 So. 3d 475], and 2015. 9.2 FALSE IMPRISONMENT § 787.02, Fla....

... Read only if confinement is alleged and victim is under 13 years of age. Confinement of a child under the age of 13 is against the child’s will if such confinement is without the consent of the child’s parent or legal guardian. If a violation of § 787.02(3), Fla....

...[or] [a Mentally Incapacitated Person] was Involved]. Define applicable felony unless included in other instructions. -7-  Lesser Included Offenses FALSE IMPRISONMENT — 787.02 CATEGORY ONE CATEGORY TWO FLA....

...the time the offender committed the primary offense; and (ii) the primary offense was committed on or after October 1, 2014, and is a violation of: a. section 787.01(2) (kidnapping) or 787.02(2) (false imprisonment), Florida Statutes, if in the course of committing the kidnapping or false imprisonment the defendant committed a sexual battery under chapter 794, Florida Statutes, or a lewd act under section 800.04 or 847.0135(5), Florida Statutes, against the victim; b. section 787.01(3)(a)2. or (3)(a)3., Florida Statutes, (kidnapping of a child under 13 with a sexual battery or lewd act); c. section 787.02(3)(a)2....

...or she is or is not actually or constructively present at the commission of such offense."); § 777.04(1), Fla. Stat. (2004) (defining criminal attempt); § 782.04(1)(a)1., Fla. Stat. (2004) (detailing elements of first degree premeditated murder); § 787.02(1)(a), Fla....

629 So.2d 90 (Fla. 1993). FALSE IMPRISONMENT F.S. 787.02 Before you can find the defendant guilty of False

SAWAYA, J. Joseph Underwood appeals his conviction and sentence for sexual activity with a minor while in familial authority in violation of section 794.011(8)(b), Florida Statutes (2005), and false imprisonment in violation of section 787.02(1), (2), Florida Statutes (2005)....

...ions.1 We have jurisdiction. See art. V, § 2(a), Fla. Const. The Committee proposes amending instruction 9.1 (Kidnapping) and 9.2 (False Imprisonment), in response to recent amendments to section 787.01(3)(a), Florida Statutes (2014), and 787.02(3)(a), Florida Statutes (2014)....

...-6-  Lesser Included Offenses KIDNAPPING — 787.01 CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. False imprisonment 787.02 9.2 Attempt 777.04(1) 5.1 Aggravated assault 784.021 8.2 Battery 784.03 8.3...

...kidnapping his or her own child. See Davila v. State, 75 So. 3d 192 (Fla. 2011). This instruction was adopted in 1981 and amended in 1985 [477 So. 2d 985], 2014, and 20145. 9.2 FALSE IMPRISONMENT § 787.02, Fla._Stat. To prove the crime of False Imprisonment, the State must prove the following two elements beyond a reasonable doubt: 1....

...Read only if confinement is alleged and victim is under 13 years of age. Confinement of a child under the age of 13 is against the child’s will if such confinement is without the consent of the child’s parent or legal guardian. If a violation of § 787.02(3), Fla....

...[or] [a Mentally Incapacitated Person] was Involved]. Define applicable felony unless included in other instructions. -8-  Lesser Included Offenses FALSE IMPRISONMENT — 787.02 CATEGORY ONE CATEGORY TWO FLA....

...confinement was incidental to the attempted sexual battery. See Simpkins v. State, 395 So.2d 625 (Fla. 1st DCA 1981); Friend v. State, 385 So.2d 696 (Fla. 1st DCA 1980). AFFIRMED in part and REVERSED in part. ORFINGER, C.J., and COWART, J., concur. .Section 787.02, Florida Statutes (1981), dealing with the crime of false imprisonment provides: (l)(a) “False imprisonment” means forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful aut...

...Judgment & Sentence AFFIRMED; three-year mandatory sentence STRICKEN. DAUKSCH and GRIFFIN, JJ., concur. . §§ 810.02(2)(a), 790.001(6), 775.087(1) and (2)(a), Fla. Stat. (1993). . §§ 812.13, 790.001(6), 775.087(2)(a), Fla. Stat. (1993). . §§ 812.014(1) and (2)(c), 775.0845, 787.01, Fla. Stat. (1993). . § 787.02, Fla....

...2d 1174, 1175 (Fla. 1985)). The evidence supports the conclusion that Appellant intended to commit, at least, false imprisonment and robbery. Appellant’s holding the victim inside her car illegally and without her consent was false imprisonment. § 787.02(1)(a), Fla. Stat....

...306 (1932), codified in section 775.021, Florida Statutes (1997), reveals that the Double Jeopardy Clause is not violated because the statutory elements of false imprisonment are different from the elements of both battery and aggravated assault. Compare § 787.02, Fla....

...However, the State correctly concedes that the court improperly classified appellant’s judgment of false imprisonment as a second degree felony. We remand for the court to correct the judgment to reflect that appellant was adjudicated guilty of a third degree felony. § 787.02(2), Fla.Stat....

...It was the type of movement that was likely to naturally accompany a robbery, and the "confinement" ceased naturally with the robbery. Thus, the State's evidence was legally insufficient to support the kidnapping charge. That said, however, the evidence presented was sufficient to support a conviction for false imprisonment. Section 787.02(1)(a) defines false imprisonment as "forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against her or his will." The Faison test does not apply to the offense of false imprisonment....

scene, near the time the crime was committed. . § 787.02(2); § 790.10; and § 800.03, Fla. Stat. (2001)

...made to appear was that the trial court improperly sentenced appellant to fifteen years on Count Two. We therefore vacate appellant’s sentence relating to Count Two and remand to the trial court for the imposition of a proper sentence pursuant to Section 787.02, Florida Statutes (1975), which was in effect at the time the *608 offense charged was committed....

...(2008), under the facts in this case. Mr. Espinoza-Montes was convicted of the second-degree felony of attempted sexual battery under sections 794.011(3) and 777.04, Florida Statutes (2008), and of the third-degree felony of false imprisonment under section 787.02(l)(a), Florida Statutes (2008)....

...ng. We accept the state’s concession that the trial court based its sentence upon an erroneous scoresheet. Thirty points should be scored if a defendant has on his record a “prior serious felony” ranked in level 8, 9 or 10. False imprisonment, § 787.02(l)(a) Florida....

...a prior battery conviction, in violation of section 784.03(2), Florida Statutes (2012) – Five years as a prison releasee reoffender (PRR); and Count Two, the third degree felony of false imprisonment, in violation of section 787.02(2), Florida Statutes (2012) – Five years and a day as a habitual felony offender (HFO). The court orally pronounced appellant’s sentences consistent with the plea agreement....

...f age but less than eighteen years of age, without their consent, and without physical force and violence likely to cause serious personal injury under section 794.011(5)(a), Florida Statutes. Appellant was also convicted of false imprisonment under section 787.02, Florida Statutes....

...hat context either. Under Florida law, the term “false imprisonment” is defined as “forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against her or his will.” § 787.02(1)(a), Fla....

...pping statute. The appellant filed a timely notice of appeal from the judgments and sentences imposed upon him after he was found guilty as charged on all ten charges. The appellant was charged with seven counts of false imprisonment in violation of section 787.02(l)(a), Florida Statutes (1989)....

...d be considering a different question. In State v. Sanborn, 533 So.2d 1169 (Fla.1988), the supreme court said the crimes of kidnapping and false imprisonment are identical except for the question of intent. The court found that the general intent of section 787.02(l)(a), false imprisonment, is included in the specific intent of section 787.01(l)(a) kidnapping, and that consequently false imprisonment is a necessarily lesser included offense of the crime of kidnapping....

...rth in the kidnapping statute. This element was crucial in this case because the evidence supported a finding that the appellant acted for the purpose of committing or facilitating the crime of robbery or grand theft. Accordingly, by the language of section 787.02(l)(a) and the standard jury instruction, the appellant could not be guilty of false imprisonment if the jury found the only purpose was to commit or to facilitate the commission of a felony....

...npoint and against their will. But if Raulerson lacked authority to make a citizen’s arrest, the unlawful detention of Husband and Wife by force and against their will would amount to the commission of the felony offense of false imprisonment. See § 787.02(1), Fla....

...petitioner’s direction: aggravated assault and false imprisonment. See § 776.08, Fla. Stat. (defining “forcible felony” to include “aggravated assault” and “any other felony which involves the use or threat of physical force or violence against any individual”); § 787.02(1)(a), (2), Fla....

...We failed to observe in Scott II that the legislature amended the false imprisonment statute- in 1993. Prior to 1993, false, imprisonment was defined as confinement against a person’s will for any purpose other than those listed in the kidnapping statute. See § 787.02, Fla....

...However, the legislature amended the false imprisonment statute and redefined the same as follows: (l)(a) the term “false imprisonment” means forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against his will. § 787.02(l)(a), Fla....

...efore that Champagne's sentence is legal. I. Background Champagne was convicted of robbery with a firearm, a first-degree felony punishable by life in prison, see § 812.13(2)(a), Fla. Stat. (2005), and false imprisonment, a third-degree felony, see § 787.02(2), Fla....

...sentence is legal. I. Background Champagne was convicted of robbery with a firearm, a first-degree felony punishable by life in prison, see § 812.13(2)(a), Fla. Stat. (2005), and false imprisonment, a third-degree felony, see § 787.02(2), Fla....

...imprisonment to determine if appellant’s allegation is true. If, as appellant contends, the judgment and sentence does refer to section 787.01, the kidnapping statute, then the trial court must correct it to reflect the appropriate section number, section 787.02....

...Appellant then pinned her to the ground by placing his knees on her shoulders, and repeatedly hit her in the head and choked her. False imprisonment is defined as: [F]orcibly, by threat, or secretly confining, abducting, imprisoning, or restraining *527 another person without lawful authority and against her or his will. § 787.02(1)(a), Fla....

...4th DCA 1996) (order committing juvenile to Level 8 program for indeterminate period of time was improper and should have specified a commitment for one year, the maximum allowable sentence for his misdemeanor). The pertinent statute governing false imprisonment states: 787.02 False imprisonment; false imprisonment of child under age 13, aggravating circumstances.— (l)(a) The term “false imprisonment” means forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against her or his will § 787.02(1)(a), Fla....

...of forcibly confining or restraining the victim without lawful authority and against her will. Pursuant to section 777.011, Florida Statutes (1997), T.B.’s acts constitute aiding and abetting the commission of the crime of false imprisonment under section 787.02(l)(a), Florida Statutes (1997)....

...Jones v. State, 648 So.2d 1210 (Fla. 4th DCA 1995). The parties agree that the written juvenile disposition order must be corrected. 1 False imprisonment is a third-degree felony “punishable by a term of imprisonment not exceeding five years.” §§ 787.02(2) & 775.082(3)(d), Fla....

...s own interests, since at the time he made them, they resulted in a waiver of his Sixth Amendment rights. AFFIRMED. HARRIS, C.J., and GOSHORN, J., concur. . § 782.04, Fla.Stat. (1991). . § 812.13, Fla.Stat. (1991). . § 810.02, Fla.Stat. (1991). . § 787.02, Fla.Stat....

...ed assault, and the confinement had a significance independent of the aggravated assault, such that it made the aggravated assault substantially easier to commit, the Faison test having been met. AFFIRMED. THOMPSON, C.J., and ORFINGER, J., concur. . § 787.02(l)(a), Fla....

...his assault. Appellant eventually fled when he heard the police at the apartment. False imprisonment is defined as “forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person ... against his [or her] will.” § 787.02, Fla....

FRANK, Judge. The appellee, Brown, was charged with the offense of false imprisonment in violation of section 787.02, Florida Statutes....

...We recently held in State v. Graham, 468 So.2d 270 (Fla. 2d DCA 1985), that false imprisonment is a crime requiring only general intent and that there is no necessity to assert a specific purpose or intent in an information charging a violation of section 787.02....