Arrestable Offenses / Crimes under Fla. Stat. 787.04
S787.04 - FAMILY OFFENSE - RENUMBERED. SEE REC # 8754 - F: T
CopyCited 15 times | Published | Supreme Court of Florida | 20 Fla. L. Weekly Supp. 581, 1995 Fla. LEXIS 1953, 1995 WL 689537
...Neither party shall remove the minor child(ren) from the State of Florida, the jurisdiction of this court, prior to the hearing on this Temporary Injunction. Violation of this custody order may constitute a misdemeanor of the first degree, section
787.03, or a felony of the third degree, section
787.04, Florida Statutes....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 2014 WL 1258540, 2014 Fla. App. LEXIS 4679
...1st DCA 1990), the First District held that Florida had criminal jurisdiction for charges involving the appellee’s moving of his children from his Louisiana home to Italy, in violation of a Florida restraining order. The offense was based on an omission to perform the duty imposed by the Florida court order and section 787.04(1), Florida Statutes (1987) *938 (felony to remove a child in violation of court order)....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1994 WL 498397
...KLEIN, Judge. Joe Habie, a resident of Guatemala, removed his two children from Palm Beach County to Guatemala in violation of a court order. Following the issuance of a warrant for his arrest he filed this declaratory action attacking the constitutionality of section 787.04, Florida Statutes (1993) on the ground that it is too vague. We uphold the validity of the statute. Section 787.04 provides in part: (1) It is unlawful for any person in violation of a court order, to lead, take, entice or remove a minor beyond the limits of this state, or to conceal the location of a minor, with personal knowledge of the order....
...During his visit, he allegedly discovered evidence of child abuse. Out of concern for his children, Plaintiff violated the custody decree *140 and took the children back to Guatemala to reside. On August 4, 1992 Judge Wessel issued a warrant for Plaintiff's arrest. The warrant alleged violations of § 787.04(1) for unlawfully removing a minor from the state in violation of a court order. Plaintiff remains in Guatemala and has not been arrested in Florida on Defendant's charge. Habie argues that section 787.04(5), supra, which provides that it is a defense if the person removing the minor from the state in violation of a court order "reasonably believes his action was necessary to protect the minor from child abuse" is unconstitutionally vague....
...Further, as a general rule, the question of "reasonable beliefs" is a factual determination which should be left for the jury. Lusk v. State,
531 So.2d 1377 (Fla. 2d DCA 1988). [The State Attorney argues] that the [phrase] "reasonably believes" as used in Florida Statute §
787.04(5) is not a new concept in the Florida criminal law....
...We doubt this is the case ... Moreover, the average juror has the ability to cull from everyday experience a standard by which to assess the ability of a defendant to know the status of his or her victim." Id. at [701, 726 P.2d at] 147. Finally, Plaintiff's arguments to void § 787.04 Fla....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1998 WL 17424
...DELL, Judge. Muneer Khan appeals from his convictions and sentences for interfering with custody of a child in violation of section
787.03(1), Florida Statutes (Supp.1994), and removing a minor from the state contrary to a court order in violation of section
787.04(1), Florida Statutes (1993)....
...child custody and removing a minor from the state contrary to a court order. A jury found him guilty of both offenses. The court sentenced appellant to two consecutive five year prison terms, suspended four years of the sentence for the violation of section
787.04(1) and the entire sentence for the violation of section
787.03(1), and placed him on probation for consecutive four and five year terms. Appellant argues that he could not be convicted and sentenced for violations of section
787.03(1) [1] and section
787.04(1) [2] because both offenses are based on the same core conduct and the dual convictions violate the constitutional prohibition against double jeopardy....
...Although each offense charged in this case involves a separate statutory section, both crimes arise out of the single act of unlawfully taking a child. As noted above, section
787.03(1) punishes one who unlawfully takes a minor child from the custody of her parent, and section
787.04(1) punishes one who takes a child and removes the child from the state contrary to a court order....
...Const.; Gibbs,
698 So.2d at 1209-10. Finally, we need not address the scrivener's error in the written order of probation since we reversed appellant's conviction and sentence pursuant to section
787.03(1). Accordingly, we affirm appellant's conviction and sentence pursuant to section
787.04(1)....
...y or recklessly takes or entices ... any child 17 years of age or under ... from his parent, his guardian ... or any other lawful custodian commits the offense of interference with custody and shall be guilty of a felony of the third degree...." [2] Section 787.04(1), Florida Statutes (1993), provides: "It is unlawful for any person, in violation of a court order, to lead, take, entice, or remove a minor beyond the limits of this state, or to conceal the location of a minor, with personal knowle...
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1995 WL 141140
...Robert A. Butterworth, Atty. Gen. and Wendy S. Morris, Asst. Atty. Gen., Tallahassee, for appellee. PER CURIAM. This is a direct appeal of convictions and sentences for (Count I) concealing or removing a minor child contrary to court order in violation of section 787.04, Florida Statutes; (Count II) false imprisonment; and (Count III) use of a firearm in the commission of a felony....
...In November, 1992, appellant was apprehended in South Carolina where he had been living with the child. As a result, he was found in contempt of the court's temporary custody order and sentenced to approximately six months in jail. The State charged appellant with violating section 787.04, Florida Statutes, which provides: "It is unlawful for any person, in *448 violation of a court order, to lead, take, entice or remove a minor beyond the limits of this state, or to conceal the location of a minor, with personal knowle...
...1st DCA 1994) (DUI prosecution required proof of elements not contained in previous civil traffic infractions, and civil traffic infractions required proof of elements not contained in DUI). A review of the record indicates the initial information for violation of section 787.04 had been filed well before appellant was found to be in indirect criminal contempt for violation of the temporary custody order....
CopyCited 1 times | Published | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 1921, 1990 WL 32456
...Soon thereafter, contrary to the January 1987 order, he removed the children from New Orleans to his native country of Italy, where they remained until the wife went to Italy and recovered them. Costa was subsequently charged by information with two counts of violating Section 787.04(1), Florida Statutes (1987), making it a third-degree felony to lead, take, entice or remove a child beyond the limits of the State of Florida, or conceal the location of a child, in violation of a court order of which there is personal knowledge....
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 2431, 1985 Fla. App. LEXIS 15624
informing Mr. Cory or the court beforehand. See § 787.-04, Fla.Stat. (1979) (felony to remove child from
CopyPublished | Supreme Court of Florida
child in violation of a court order pursuant to section
787.04(1), Florida Statutes (2014), Unquestionably
CopyPublished | Florida 4th District Court of Appeal | 2017 WL 1718841, 2017 Fla. App. LEXIS 6174
...rge. The controlling statute states: It is unlawful for any person, in violation of a court order, to lead, take, entice, or remove a minor beyond the limits of this state, or to conceal the location of a minor, with personal knowledge of the order. § 787.04(1), Fla....
...This holding is at odds with the Fifth District’s decision in Costlow , where the court held that “ ‘[cjoncealmenfi ” means “concealing a child from a person entitled to its custody.”
543 So.2d at 1262 . We find Costlow to be consistent with the plain language of section
787.04(1) and, therefore, adopt its holding. Had the legislature wished to make concealment of a child a crime only if the concealment was “from the court,” it would have specified as such. Instead, it left the terms open to those set in any “court order.” §
787.04(1), Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2012 WL 1648289, 2012 Fla. App. LEXIS 7410
ALTENBERND, Judge. Analyn Merkle, now known as Analyn Megison, appeals the judgment and order *376 of probation after a jury convicted her of concealing the location of a minor contrary to a court order in violation of section 787.04(1), Florida Statutes (2007)....
...Law enforcement found Ms. Merkle and the child in Maryland by mid-April. The State actually filed the information in this case the day before Ms. Merkle was arrested in Maryland, and she was extradited in mid-May. *377 The information charged Ms. Merkle with violating section 787.04(1), which provides that “[i]t is unlawful for any person, in violation of a court order, to lead, take, entice, or remove a minor beyond the limits of this state, or to conceal the location of a minor, with personal knowledge of the order.” The information alleged that Ms....
...s location. Even if the statute is ambiguous, it must be construed in favor of the defendant. See §
775.021(1), Fla. Stat. (2007). We believe that our reading of the statute is also consistent with the statutory defense to this crime provided under section
787.04(5)....
...827.03.” The parties and the court below struggled with the application of this defense because, on its face, it provides a defense only for a person who “leads, takes, entices, or removes” a minor and not for one who “conceals the location” of a minor. § 787.04(5)....
...Merkle appealed the temporary custody order to this court and attempted to obtain a stay of the order in the trial court during the pendency of the appeal. . We recognize that in Costlow v. State,
543 So.2d 1259, 1262 (Fla. 5th DCA 1989), the Fifth District held that under section
787.04(1), " '[c]oncealment' " means "concealing a child from a person entitled to its custody.” We do not disagree with the outcome in that case....
CopyPublished | Florida 3rd District Court of Appeal | 2015 Fla. App. LEXIS 3400, 2015 WL 1044221
...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....
... legislation10; the intent and meaning of this language as expressed by the
originating source upon which this legislation was based11; canons of statutory
the four aggravating circumstances of intent or purpose); §
787.03 (Interference
with Custody, a first-degree misdemeanor); and §
787.04 (Removal of Child from
State Contrary to Court Order, a third-degree felony)....
CopyPublished | Florida 2nd District Court of Appeal | 1984 Fla. App. LEXIS 14331
PER CURIAM. We find no merit in appellant’s contention that the trial court lacked jurisdiction over this matter, and thus we affirm appellant’s judgment and sentence for concealing a child contrary to court order, a violation of section 787.04, Florida Statutes (1988)....
CopyPublished | Florida 1st District Court of Appeal | 2007 Fla. App. LEXIS 1057, 2007 WL 245979
PER CURIAM. Wanda Wright was convicted of a violation of section 787.04(4), Florida Statutes, for failing to timely return her children to their father, the custodial parent, following a summer vacation visit outside the state of Florida....
CopyPublished | Florida 2nd District Court of Appeal | 2008 WL 142306
...Bill McCollum, Attorney General, Tallahassee, and William I. Munsey, Jr., Assistant Attorney General, Tampa, for Appellee. NORTHCUTT, Chief Judge. Tonja Stairs challenges her conviction for removing a minor from the State of Florida during a dependency proceeding. See § 787.04(3), Fla....
CopyPublished | District Court of Appeal of Florida | 13 Fla. L. Weekly 194, 1988 Fla. App. LEXIS 99, 1988 WL 1064
...The Defendant shall have frequent and continuing contact with the child. 3.Neither party may remove nor aid, encourage nor initiate the removal of the child beyond the boundaries of Florida without first obtaining the written permission of the other party or the Court as controlled by the provisions of Section 787.04 of the Florida Statutes....
CopyPublished | Florida 5th District Court of Appeal | 2013 WL 645321
...s.
39.01; 2. A parent or caregiver has been found guilty of, regardless of adjudication, or has entered a plea of guilty or nolo con-tendere to, charges under the following statutes or substantially similar statutes of other jurisdictions: *1125 a. Section
787.04, relating to removing minors from the state or concealing minors contrary to court order; b....
CopyPublished | District Court of Appeal of Florida | 14 Fla. L. Weekly 1056, 1989 Fla. App. LEXIS 2287, 1989 WL 44851
ON MOTION FOR REHEARING EN BANC SHARP, Chief Justice. We withdraw the prior opinion in this case and issue the following in its place. Robbie Costlow appeals his conviction for concealing a child in violation of a court order, section 787.04(1), Florida Statutes (1985). Appellant argues there was insufficient evidence to prove the elements of the crime. 1 We affirm. Section 787.04(1) provides: It is unlawful for any person, in violation of a court order, to lead, take, entice, or remove a child beyond the limits of this state, or to conceal the location of a child, with personal knowledge of the order....
...Admittedly, he did not make an effort to communicate with Dawn or her family in writing. Robbie’s odyssey across the state of Florida with Julianne, under the circumstances established in this record, creates a prima facie violation of child concealment (section 787.04(1))....
...Further, the intent to conceal need not be proved directly by the defendant’s own admission or statements. 4 Certainly Robbie’s course of conduct over the six-week period supplied the jury with inferences as to his actual intent, if that is required by section 787.04(1)....
...1988), and the Uniform Child Custody Jurisdiction Act (UCCJA), § 61.1302 — 61.1348, Florida Statutes, have been enacted by Congress and all fifty states and all territories to thwart such behavior. The Florida legislature has decided that we need section 787.04(1). In a proper case, it must be upheld. AFFIRMED. DAUKSCH, ORFINGER, COBB, COWART, DANIEL and GOSHORN, JJ., concur. . The constitutionality of section 787.04(1) is not raised in this case....
...As noted in 60 Fla. B J. No. 3, How to Recover a Missing Child after a Parental Kidnap at 57 (March 1986), Florida has made criminal two types of conduct involving custody under section
787.03 (prohibits taking a minor child from the custody of his parent), and section
787.04.
CopyPublished | Florida 3rd District Court of Appeal
...5th DCA 1995) (“Although very poorly
written, it appears that subsection (2) of section
787.03, added in 1987, is
designed to govern the crime of interference with custody by a parent.”).
This perspective is reinforced by the fact that another statute, section
787.04(1), Florida Statutes (2022), criminalizes taking a child “beyond the
limits of this state” or concealing “the location of a minor” in violation of a
court order.
But, upon closer reading, section
787.03(1) is extraordinarily broad in
scope....
...None, of course, involve an act as inconsequential as that
forming the basis for prosecution in this case. See Khan v. State,
704 So.
2d 1129, 1130–31 (Fla. 4th DCA 1998) (reversing father’s conviction for
interfering with custody of child under section
787.03(1) but affirming
conviction under section
787.04(1) where father removed minor from state
7
when he moved to Pakistan with daughter in violation of court order); Arroyo
v....
