Florida Statute 787.2 - 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. 787.02

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.

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

(2) A person who commits the offense of false imprisonment is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3)(a) A person who commits the offense of false imprisonment upon a child under the age of 13 and who, in the course of committing the offense, commits any offense enumerated in ¹subparagraphs 1.-5., commits 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.

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.

(b) Pursuant to s. 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 for each separate offense enumerated in subparagraphs (a)1.-5.

History.—s. 43, sub-ch. 3, ch. 1637, 1868; RS 2399; GS 3225; RGS 5057; CGL 7159; s. 783, ch. 71-136; s. 23, ch. 74-383; s. 13, ch. 75-298; s. 1, ch. 84-238; s. 2, ch. 90-120; s. 1, ch. 93-156; ss. 2, 18, ch. 93-227; s. 9, ch. 96-322; s. 1814, ch. 97-102; s. 5, ch. 99-201; s. 3, ch. 2000-246; s. 19, ch. 2008-172; s. 20, ch. 2014-160; s. 95, ch. 2015-2.

¹Note.—Section 20, ch. 2014-160, added subparagraph 6. to paragraph (a) but did not revise the reference to subparagraphs 1.-5.

Note.—Former s. 805.01.

F.S. 787.02 on Google Scholar

F.S. 787.02 on CourtListener

Amendments to 787.02

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 787.02

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

S787.02 1a - KIDNAP-FALSE IMPRISONMENT - ADULT - F: T

S787.02 1b - KIDNAP-FALSE IMPRISONMENT - CHILD UNDER 13 YEARS OF AGE - F: T

S787.02 2 - KIDNAP-FALSE IMPRISONMENT - REMOVED - F: T

S787.02 3a1 - KIDNAP-FALSE IMPRISONMENT - CHILD UNDER 13 YOA AND COMMIT AGGRAVATED ABUSE - F: F

S787.02 3a2 - KIDNAP-FALSE IMPRISONMENT - CHILD UNDER 13 YOA AND COMMIT SEXUAL BATTERY - F: F

S787.02 3a3 - KIDNAP-FALSE IMPRISONMENT - CHILD UNDR 13YOA LEWD LASC BAT MOLEST COND EXH - F: F

S787.02 3a4 - KIDNAP-FALSE IMPRISONMENT - CHILD UNDER 13 YOA FOR PROSTITUTION - F: F

S787.02 3a5 - KIDNAP-FALSE IMPRISONMENT - AND EXPLOIT CHILD UNDER 13 YOA - F: F

Cases Citing Statute 787.02

Total Results: 116

United States v. Jesus Rosales-Bruno

789 F.3d 1249, 2015 WL 3798129, 2015 U.S. App. LEXIS 10346

Court of Appeals for the Eleventh Circuit | Filed: Jun 19, 2015 | Docket: 2666770

Cited 545 times | Published

imprisonment conviction under Florida Statute § 787.02 was not a "crime of violence” for guidelines purposes

James R. Brooks v. John Ashcroft, Attorney General of the United States, Immigration and Naturalization Service

283 F.3d 1268, 2002 U.S. App. LEXIS 3331, 2002 WL 331956

Court of Appeals for the Eleventh Circuit | Filed: Mar 1, 2002 | Docket: 738490

Cited 133 times | Published

. Brooks was convicted under Fla. Stat. § 787.02, False Imprisonment, which is a crime of violence

Crain v. State

894 So. 2d 59, 2004 WL 2404057

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

Cited 106 times | Published

included in the specific intent of kidnapping). Section 787.02, Florida Statutes (1997), provides in pertinent

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

children pursuant to section 787.01, and violated section 787.02 by kidnapping the children. We cannot

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

FALSE IMPRISONMENT F.S. 787.02 Before you can find

United States v. Rosales-Bruno

676 F.3d 1017, 2012 WL 1138648, 2012 U.S. App. LEXIS 6983

Court of Appeals for the Eleventh Circuit | Filed: Apr 6, 2012 | Docket: 1921141

Cited 57 times | Published

U.S.S.G. § 2L1.2(b)(1)(A)(ii). See Fla. Stat. § 787.02 (defining "false imprisonment" as "forcibly, by

Grant v. State

390 So. 2d 341

Supreme Court of Florida | Filed: Nov 13, 1980 | Docket: 1750320

Cited 47 times | Published

imprisonment statute was substantially revised. § 787.02, Fla. Stat. (1975). The continuing utility of

Standard Jury Instructions

723 So. 2d 123

Supreme Court of Florida | Filed: Jul 16, 1998 | Docket: 1319450

Cited 40 times | Published

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

Fajardo v. U.S. Attorney General

659 F.3d 1303, 2011 U.S. App. LEXIS 20685, 2011 WL 4808171

Court of Appeals for the Eleventh Circuit | Filed: Oct 12, 2011 | Docket: 39647

Cited 34 times | Published

to his conviction for false imprisonment under § 787.02, Florida Statutes. I. BACKGROUND AND PROCEDURAL

Mathis v. Coats

24 So. 3d 1284, 2010 Fla. App. LEXIS 43, 2010 WL 45857

District Court of Appeal of Florida | Filed: Jan 8, 2010 | Docket: 1648266

Cited 34 times | Published

methods of committing false imprisonment. See § 787.02(1)(a), Fla. Stat. (2004) ("The term `false imprisonment'

State v. Sanborn

533 So. 2d 1169, 1988 WL 125260

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

Cited 21 times | Published

political function. The pertinent parts of section 787.02, Florida Statutes (1987), concerning false

State v. Smith

840 So. 2d 987, 2003 WL 252117

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

Cited 12 times | Published

respondent was convicted of false imprisonment under section 787.02(1)(a), Florida Statutes (1997), and robbery

Neal v. State

854 So. 2d 666, 2003 WL 21359657

District Court of Appeal of Florida | Filed: Jun 13, 2003 | Docket: 1459812

Cited 11 times | Published

without lawful authority and against his will." § 787.02(1)(a), Fla. Stat. (1993). "Carjacking" means the

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

assault or battery, and false imprisonment under section 787.02(1)(a), Florida Statutes (1995). After a jury

Setzer v. State

575 So. 2d 747, 1991 WL 22979

District Court of Appeal of Florida | Filed: Feb 28, 1991 | Docket: 1444180

Cited 11 times | Published

committing the offenses of false imprisonment, § 787.02, Fla. Stat. (1989), and possession of a firearm

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

intent. Appellant was convicted of violating section 787.02(1)(a), Florida Statutes (1989), which provides

Raines v. State

805 So. 2d 999, 2001 WL 1575734

District Court of Appeal of Florida | Filed: Dec 12, 2001 | Docket: 1242331

Cited 10 times | Published

contest to a charge of false imprisonment under section 787.02, Florida Statutes. The record reveals that

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

setting forth the elements of false imprisonment. Section 787.02, Florida Statute (1995) defines false imprisonment

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

NOTES [1] § 794.011(5), Fla. Stat. (1987). [2] § 787.02(1)(a), Fla. Stat. (1987). [3] Section 90.803(4)

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

state nor the defense cited it at trial. [2] Section 787.02, Florida Statutes, provides in pertinent part:

Wilchcombe v. State

842 So. 2d 198, 2003 WL 1563568

District Court of Appeal of Florida | Filed: Mar 26, 2003 | Docket: 1357604

Cited 8 times | Published

and aggravated battery with a firearm), per Section 787.02(2), Florida Statutes (2000), and 3 year sentences

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

of any governmental or political function. Section 787.02(1)(a) defines false imprisonment in this manner:

Brunelle v. State

360 So. 2d 70

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

Cited 8 times | Published

inherently upholding the constitutionality of Section 787.02, Florida Statutes (1975). We have jurisdiction

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

State, 566 So.2d 881, 883 (Fla. 3d DCA 1990); § 787.02, Fla. Stat. (1995). Section 787.01, Florida Statutes

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

political function. The false imprisonment statute, section 787.02, Florida Statutes (1987), provides, in part:

Pierre v. State

990 So. 2d 565, 2008 WL 2744243

District Court of Appeal of Florida | Filed: Jul 16, 2008 | Docket: 1293085

Cited 6 times | Published

armed assailants to go to her bedroom. *572 See § 787.02(1)(a), Fla. Stat. (2004) (detailing the elements

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

lawful authority and against her or his will." § 787.02(1)(a), Fla. Stat. (2001). In cases like Appellant's

Shelby v. State

541 So. 2d 1219, 1989 WL 5247

District Court of Appeal of Florida | Filed: Jan 27, 1989 | Docket: 470550

Cited 6 times | Published

will. 2. Defendant had no lawful authority. Section 787.02, Florida Statutes (1985) requires, and the

State v. Horton

442 So. 2d 408

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

Cited 6 times | Published

Swoveland, 413 So.2d 166 (Fla. 2d DCA 1982). Section 787.02(1)(a), Florida Statutes (1981), defines false

Jane v. State

362 So. 2d 1005

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

Cited 6 times | Published

since the statute defining false imprisonment, Section 787.02(1)(a), Florida Statutes (1977), provides: "`False

Michaud v. State

47 So. 3d 374, 2010 Fla. App. LEXIS 17181, 2010 WL 4536791

District Court of Appeal of Florida | Filed: Nov 12, 2010 | Docket: 2535612

Cited 5 times | Published

021(1)(a) and 775.087(2)(a)1., Fla. Stat. (2008). [3] § 787.02, Fla. Stat. (2008).

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

lawful authority and against her or his will." § 787.02(1)(a), Fla. Stat. (2004) (emphasis added). In

Wood v. State

593 So. 2d 557, 1992 WL 9646

District Court of Appeal of Florida | Filed: Jan 24, 1992 | Docket: 1508900

Cited 5 times | Published

sentenced on two other counts (false imprisonment, § 787.02(2), Fla. Stat. and attempted manslaughter, § 782

United States v. Isaac Seabrooks

839 F.3d 1326, 2016 WL 6090860

Court of Appeals for the Eleventh Circuit | Filed: Oct 19, 2016 | Docket: 4480450

Cited 4 times | Published

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

Andre v. State

13 So. 3d 103, 2009 Fla. App. LEXIS 5444, 34 Fla. L. Weekly Fed. D 1010

District Court of Appeal of Florida | Filed: May 20, 2009 | Docket: 363654

Cited 4 times | Published

unaware of the theftan element of the offense). Section 787.02(1)(a), Florida Statutes (2006) defines false

Cuevas v. State

741 So. 2d 1234, 1999 WL 776086

District Court of Appeal of Florida | Filed: Oct 1, 1999 | Docket: 453109

Cited 4 times | Published

relating to the crime of false imprisonment, section 787.02, Florida Statutes (1995). [1] The United States

TB v. State

732 So. 2d 1163, 1999 WL 219331

District Court of Appeal of Florida | Filed: Apr 16, 1999 | Docket: 460492

Cited 4 times | Published

without lawful authority and against her or his will § 787.02(1)(a), Fla. Stat. (1997). We have explained in

State v. Badalich

479 So. 2d 197, 10 Fla. L. Weekly 2576

District Court of Appeal of Florida | Filed: Nov 21, 1985 | Docket: 463649

Cited 4 times | Published

under the age of thirteen, in violation of section 787.02, Florida Statutes (Supp. 1984)[1] Count two

Lindsey v. State

416 So. 2d 471

District Court of Appeal of Florida | Filed: Jun 2, 1982 | Docket: 1224651

Cited 4 times | Published

dangerous weapon, and (3) false imprisonment under Section 787.02, Florida Statutes (1977). They received consecutive

Cabe v. State

408 So. 2d 694

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

Cited 4 times | Published

guilty of the crime of false imprisonment. See Section 787.02, Fla. Stat. (1977). Five points are presented

State v. Johnson

398 So. 2d 500

District Court of Appeal of Florida | Filed: May 26, 1981 | Docket: 390057

Cited 4 times | Published

him with false imprisonment in violation of section 787.02, Florida Statutes (1979). We have jurisdiction

Carl Selph v. Decirena Selph

144 So. 3d 676, 2014 WL 3928415, 2014 Fla. App. LEXIS 12425

District Court of Appeal of Florida | Filed: Aug 13, 2014 | Docket: 937980

Cited 3 times | Published

without lawful authority and against her ... will.” § 787.02(l)(a), Fla. Stat. (2013) (defining the term “false

KJF v. State

44 So. 3d 1204, 2010 WL 3783340

District Court of Appeal of Florida | Filed: Sep 30, 2010 | Docket: 2400591

Cited 3 times | Published

(2008); and false imprisonment, in violation of section 787.02(1)(b), Florida Statutes (2008). The trial court

Munroe v. State

28 So. 3d 973, 2010 Fla. App. LEXIS 2519, 2010 WL 711855

District Court of Appeal of Florida | Filed: Mar 3, 2010 | Docket: 1168094

Cited 3 times | Published

Seventeenth Judicial Circuit, Broward County. See § 787.02, Fla. Stat. (2000); § 943.0435(1)(a)(1)(a)(I)

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

J., and ALTENBERND, J., concur. NOTES [1] Section 787.02(1)(a), Florida Statutes (1991), provides:

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

only false imprisonment at its inception. See § 787.02, Fla. Stat. (1985); Mills. On the other hand,

Rojas v. State

535 So. 2d 674, 1988 WL 135843

District Court of Appeal of Florida | Filed: Dec 22, 1988 | Docket: 1711161

Cited 3 times | Published

convicted of two counts of false imprisonment. § 787.02(1)(a), Fla. Stat. (1985). These convictions are

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

against her will. The information also set forth section 787.02, Florida Statutes (1983), as the applicable

Bretherick v. State

135 So. 3d 337, 2013 WL 5849486, 2013 Fla. App. LEXIS 17324

District Court of Appeal of Florida | Filed: Nov 1, 2013 | Docket: 60239568

Cited 2 times | Published

lawful authority and against her or his will.” § 787.02(l)(a), Fla. Stat. (2011). The trial court correctly

Seavey v. State

57 So. 3d 978, 2011 Fla. App. LEXIS 4661, 2011 WL 1195798

District Court of Appeal of Florida | Filed: Apr 1, 2011 | Docket: 2362630

Cited 2 times | Published

the defendant had no lawful authority to do so. § 787.02(1)(a), Fla. Stat. (2006); Fla. Std. Jury Instr

Davis v. State

20 So. 3d 1024, 2009 Fla. App. LEXIS 16843, 2009 WL 3763052

District Court of Appeal of Florida | Filed: Nov 12, 2009 | Docket: 244214

Cited 2 times | Published

082(9)(a)1., Florida Statutes (2004)); see also § 787.02(1)(a), Fla. Stat. (2004) (defining false imprisonment

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

never confined or restrained, as required by section 787.02(1), Florida Statutes (1999),[1] and under Faison

Thompson v. State

558 So. 2d 111, 1990 WL 20686

District Court of Appeal of Florida | Filed: Mar 6, 1990 | Docket: 1726387

Cited 2 times | Published

Stat. (1987) (attempted sexual battery); Id. § 787.02 (false imprisonment). Pursuant to the habitual

Champagne v. State

269 So. 3d 629

District Court of Appeal of Florida | Filed: Apr 24, 2019 | Docket: 64712522

Cited 1 times | Published

false imprisonment, a third-degree felony, see § 787.02(2), Fla. Stat. (2005). A CPC scoresheet was prepared

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

a sexual battery or lewd act); c. section 787.02(3)(a)2. or (3)(a)3., Florida Statutes, (false

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

443] , and 2017. 9.2 FALSE IMPRISONMENT § 787.02, Fla. Stat. To prove the crime of False Imprisonment

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

imprisonment. The evidence supports the lesser crime. See § 787.02(l)(a) (defining false imprisonment as “forcibly

Juarez v. State

65 So. 3d 110, 2011 Fla. App. LEXIS 10179, 2011 WL 2555402

District Court of Appeal of Florida | Filed: Jun 29, 2011 | Docket: 2364047

Cited 1 times | Published

812.014(2)(c), Fla. Stat. (2008) (grand theft); § 787.02(2), Fla. Stat. (2008) (false imprisonment). However

Juarez v. State

65 So. 3d 110, 2011 Fla. App. LEXIS 10179, 2011 WL 2555402

District Court of Appeal of Florida | Filed: Jun 29, 2011 | Docket: 2364047

Cited 1 times | Published

812.014(2)(c), Fla. Stat. (2008) (grand theft); § 787.02(2), Fla. Stat. (2008) (false imprisonment). However

Denmark v. Lee County

931 F. Supp. 831, 1996 U.S. Dist. LEXIS 9344, 1996 WL 380629

District Court, M.D. Florida | Filed: Jul 1, 1996 | Docket: 2175892

Cited 1 times | Published

cause for an arrest. Additionally, pursuant to § 787.02, Fla.Stat. (1990) (emphasis added), the term false

Raulerson v. State of Florida

District Court of Appeal of Florida | Filed: Apr 30, 2025 | Docket: 69996619

Published

the felony offense of false imprisonment. See § 787.02(1), Fla. Stat. (2019) (“The term ‘false imprisonment’

KELLY PETERSON MILLIEN v. STATE OF FLORIDA

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

Published

a violation of either section 787.01(2) or section 787.02(2), Florida Statutes, and a violation of one

Champagne v. State

269 So. 3d 629

District Court of Appeal of Florida | Filed: Apr 24, 2019 | Docket: 64712523

Published

false imprisonment, a third-degree felony, see § 787.02(2), Fla. Stat. (2005). A CPC scoresheet was prepared

RENALDO CHAMPAGNE v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 24, 2019 | Docket: 14988954

Published

false imprisonment, a third-degree felony, see § 787.02(2), Fla. Stat. (2005). A CPC scoresheet was prepared

Darrell Von Young v. State of Florida

266 So. 3d 1225

District Court of Appeal of Florida | Filed: Feb 4, 2019 | Docket: 14533674

Published

and without her consent was false imprisonment. § 787.02(1)(a), Fla. Stat. (defining false imprisonment

Christopher J. Mars v. State of Florida

251 So. 3d 339

District Court of Appeal of Florida | Filed: Aug 3, 2018 | Docket: 7587960

Published

also convicted of false imprisonment under section 787.02, Florida Statutes. At trial, based on testimony

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

act); c. section 787.02(3)(a)2. or (3)(a)3., Florida Statutes, (false

Davis v. State

230 So. 3d 948

District Court of Appeal of Florida | Filed: Nov 22, 2017 | Docket: 6229296

Published

(2013), false imprisonment, in violation of section 787.02, Florida Statutes (2013), and stalking, in

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

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

Gerlo Ulysse v. State of Florida

174 So. 3d 464, 2015 Fla. App. LEXIS 11957, 2015 WL 4747361

District Court of Appeal of Florida | Filed: Aug 12, 2015 | Docket: 2683575

Published

lawful authority and against her or his will.” § 787.02(l)(a), Fla. Stat. (2013) (emphasis added). Indeed

United States v. Jesus Rosales-Bruno

Court of Appeals for the Eleventh Circuit | Filed: Jun 19, 2015 | Docket: 2667159

Published

imprisonment conviction under Florida Statute § 787.02 was not a “crime of violence” for guidelines purposes

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

787.01(3)(a), Florida Statutes (2014), and section 787.02(3)(a), Florida Statutes (2014). In re: Std

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

787.01(3)(a), Florida Statutes (2014), and section 787.02(3)(a), Florida Statutes (2014). In re: Std

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

child from state). A false imprisonment under section 787.02 does not necessarily interfere with the performance

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

2014, and 20145. 9.2 FALSE IMPRISONMENT § 787.02, Fla. — Stat. To prove the crime of False

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

985] and 2014. 9.2 FALSE IMPRISONMENT § 787.02, Fla. Stat. To prove the crime of False Imprisonment

Tabarius Arline v. State

155 So. 3d 1158, 2014 WL 3843075, 2014 Fla. App. LEXIS 12026

District Court of Appeal of Florida | Filed: Aug 6, 2014 | Docket: 839446

Published

felony of false imprisonment, in violation of section 787.02(2), Florida Statutes (2012)— Five years and

Pickett v. State

109 So. 3d 841, 2013 WL 811642, 2013 Fla. App. LEXIS 3494

District Court of Appeal of Florida | Filed: Mar 6, 2013 | Docket: 60229816

Published

State, 37 So.3d 891 (Fla. 1st DCA 2010). . Section 787.02 provides in relevant part: (1)(a) The term

Hernandez v. State

98 So. 3d 702, 2012 WL 4738862, 2012 Fla. App. LEXIS 16943

District Court of Appeal of Florida | Filed: Oct 5, 2012 | Docket: 60312532

Published

nolle prossed by the State. • • . Pursuant to section 787.02(2), Florida Statutes (2008), false imprisonment

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

included offense of false imprisonment,” Fla. Stat. § 787.02(l)(a), a third degree felony. Another document

Oakes v. State

85 So. 3d 526, 2012 WL 1071501, 2012 Fla. App. LEXIS 5008

District Court of Appeal of Florida | Filed: Apr 2, 2012 | Docket: 2412157

Published

lawful authority and against her or his will. § 787.02(1)(a), Fla. Stat. (2008) (emphasis added). "The

Espinoza-Montes v. State

113 So. 3d 847, 2011 Fla. App. LEXIS 20062, 2011 WL 6265580

District Court of Appeal of Florida | Filed: Dec 16, 2011 | Docket: 60231612

Published

third-degree felony of false imprisonment under section 787.02(l)(a), Florida Statutes (2008). The information

K.J.F. v. State

44 So. 3d 1204, 2010 Fla. App. LEXIS 14532

District Court of Appeal of Florida | Filed: Sep 30, 2010 | Docket: 60295550

Published

(2008); and false imprisonment, in violation of section 787.02(l)(b), Florida Statutes (2008). The trial court

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

lawful authority and against her or his will.” § 787.02(l)(a), Fla. Stat. (2004) (emphasis added). In

Denis v. State

994 So. 2d 1152, 2008 WL 2744237

District Court of Appeal of Florida | Filed: Jul 16, 2008 | Docket: 1666692

Published

elements of first degree premeditated murder); § 787.02(1)(a), Fla. Stat. (2004) (detailing elements of

Underwood v. State

985 So. 2d 705, 2008 Fla. App. LEXIS 10529, 2008 WL 2695873

District Court of Appeal of Florida | Filed: Jul 11, 2008 | Docket: 64855174

Published

(2005), and false imprisonment in violation of section 787.02(1), (2), Florida Statutes (2005). We affirm

Moore v. State

967 So. 2d 991, 2007 Fla. App. LEXIS 16851, 2007 WL 3118865

District Court of Appeal of Florida | Filed: Oct 26, 2007 | Docket: 64853008

Published

false imprisonment and molestation charges. Section 787.02(l)(a), Florida Statutes (2005), defines “false

Cole v. State

942 So. 2d 1010, 2006 WL 3498318

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

Published

support a conviction for false imprisonment. Section 787.02(1)(a) defines false imprisonment as "forcibly

Billias v. State

924 So. 2d 917, 2006 Fla. App. LEXIS 4225, 2006 WL 733974

District Court of Appeal of Florida | Filed: Mar 24, 2006 | Docket: 64843261

Published

convicted of false imprisonment in violation of section 787.02(1), Florida Statutes (also a third-degree felony

Bradsher v. State

841 So. 2d 679, 2003 Fla. App. LEXIS 4906, 2003 WL 1855419

District Court of Appeal of Florida | Filed: Apr 11, 2003 | Docket: 64821806

Published

THOMPSON, C.J., and ORFINGER, J., concur. . § 787.02(l)(a), Fla. Stat. (2000). . § 784.021, Fla.

State v. Waits

848 So. 2d 1030, 28 Fla. L. Weekly Supp. 139, 2003 Fla. LEXIS 174, 2003 WL 297154

Supreme Court of Florida | Filed: Feb 13, 2003 | Docket: 64823855

Published

of both battery and aggravated assault. Compare § 787.02, Fla. Stat. (1997), with §§ 784.021, -.03, Fla

Cardona v. State

835 So. 2d 297, 2002 Fla. App. LEXIS 18700, 2002 WL 31840701

District Court of Appeal of Florida | Filed: Dec 20, 2002 | Docket: 64820058

Published

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

Stringer v. State

783 So. 2d 1153, 2001 Fla. App. LEXIS 4719, 2001 WL 356454

District Court of Appeal of Florida | Filed: Apr 11, 2001 | Docket: 64805087

Published

another person ... against his [or her] will.” § 787.02, Fla. Stat. (1995). In affirming, we have considered

Joseph v. State

771 So. 2d 1293, 2000 Fla. App. LEXIS 16197, 2000 WL 1816705

District Court of Appeal of Florida | Filed: Dec 13, 2000 | Docket: 64801929

Published

ranked in level 8, 9 or 10. False imprisonment, § 787.02(l)(a) Florida. Statutes, however, is a level 6

Sperow v. State

781 So. 2d 410, 2000 Fla. App. LEXIS 6178, 2000 WL 668542

District Court of Appeal of Florida | Filed: May 24, 2000 | Docket: 64804503

Published

and armed kidnapping (a life felony under section 787.02(2), Florida Statutes (1997)). Pursuant to the

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

than those listed in the kidnapping statute. See § 787.02, Fla. Stat. (1991). The kidnapping statute included

T.B. v. State

732 So. 2d 1163, 1999 Fla. App. LEXIS 5003

District Court of Appeal of Florida | Filed: Apr 16, 1999 | Docket: 64788301

Published

without lawful authority and against her or his will § 787.02(1)(a), Fla. Stat. (1997). We have explained in

Standard Jury Instructions in Criminal Cases (97-2)

723 So. 2d 123, 23 Fla. L. Weekly Supp. 407, 1998 Fla. LEXIS 1332, 1998 WL 394912

Supreme Court of Florida | Filed: Jul 16, 1998 | Docket: 64785070

Published

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

Scott v. State

710 So. 2d 60, 1998 Fla. App. LEXIS 2656, 1998 WL 191800

District Court of Appeal of Florida | Filed: Mar 18, 1998 | Docket: 64780729

Published

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

Poe v. State

689 So. 2d 333, 1997 Fla. App. LEXIS 1231, 1997 WL 47276

District Court of Appeal of Florida | Filed: Feb 7, 1997 | Docket: 64771620

Published

(2)(c), 775.0845, 787.01, Fla. Stat. (1993). . § 787.02, Fla. Stat. (1993).

Nutter v. State

679 So. 2d 1245, 1996 Fla. App. LEXIS 9345, 1996 WL 502114

District Court of Appeal of Florida | Filed: Sep 6, 1996 | Docket: 64767554

Published

this crime are as follows. FALSE IMPRISONMENT F.S. 787.02 Before you can find the defendant guilty of False

Addison v. State

653 So. 2d 482, 1995 Fla. App. LEXIS 3703, 1995 WL 214608

District Court of Appeal of Florida | Filed: Apr 13, 1995 | Docket: 64755486

Published

Stat. (1991). . § 810.02, Fla.Stat. (1991). . § 787.02, Fla.Stat. (1991). . § 784.03, Fla.Stat. (1991)

Berry v. State

652 So. 2d 836, 1994 WL 706304

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

Published

also created the crime of false imprisonment. See § 787.02, Fla. Stat. (1993). The statute defines that crime

Lightsey v. State

630 So. 2d 686, 1994 Fla. App. LEXIS 422, 1994 WL 26905

District Court of Appeal of Florida | Filed: Feb 1, 1994 | Docket: 64745875

Published

was adjudicated guilty of a third degree felony. § 787.02(2), Fla.Stat. (1991). Affirmed.

Vitiello v. State

609 So. 2d 111, 1992 Fla. App. LEXIS 11781, 1992 WL 341952

District Court of Appeal of Florida | Filed: Nov 25, 1992 | Docket: 64692262

Published

of the seriousness of other sentences. . Section 787.02, Florida Statutes (1991). . Eutsey v. State

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

counts of false imprisonment in violation of section 787.02(l)(a), Florida Statutes (1989). This section

Denmark v. State

604 So. 2d 845, 1992 Fla. App. LEXIS 6794, 1992 WL 143634

District Court of Appeal of Florida | Filed: Jun 26, 1992 | Docket: 64669552

Published

State, 541 So.2d 1219 (Fla. 2d DCA 1989); see also § 787.02(l)(a), Fla. Stat. (1989). Taking the victim’s

Gallagher v. State

542 So. 2d 478, 14 Fla. L. Weekly 1117, 1989 Fla. App. LEXIS 2384, 1989 WL 45352

District Court of Appeal of Florida | Filed: May 5, 1989 | Docket: 64642148

Published

offense, which therefore is a third degree felony. § 787.02(2), Fla. Stat. (1987). Because appellant was also

State v. Sanborn

533 So. 2d 1147

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

Published

political function. The pertinent parts of section 787.02, Florida Statutes (1987), concerning false

Cromer v. State

514 So. 2d 416, 12 Fla. L. Weekly 2477, 1987 Fla. App. LEXIS 10803

District Court of Appeal of Florida | Filed: Oct 28, 1987 | Docket: 64630455

Published

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

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

to reflect the appropriate section number, section 787.02. If not, the trial court may again summarily

State v. Brown

466 So. 2d 1223, 10 Fla. L. Weekly 961, 1985 Fla. App. LEXIS 13419

District Court of Appeal of Florida | Filed: Apr 10, 1985 | Docket: 64611182

Published

offense of false imprisonment in violation of section 787.02, Florida Statutes. The trial court dismissed

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

ORFINGER, C.J., and COWART, J., concur. .Section 787.02, Florida Statutes (1981), dealing with the

Casillas v. State

405 So. 2d 1058, 1981 Fla. App. LEXIS 28155

District Court of Appeal of Florida | Filed: Nov 17, 1981 | Docket: 64586072

Published

State, 332 So.2d 351 (Fla. 4th DCA 1970); Section 787.02(1)(a), Florida Statutes (1977); Rule 3.190

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

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

Leeks v. State

353 So. 2d 607, 1977 Fla. App. LEXIS 16905

District Court of Appeal of Florida | Filed: Dec 20, 1977 | Docket: 64562022

Published

imposition of a proper sentence pursuant to Section 787.02, Florida Statutes (1975), which was in effect