If you have been charged with a felony or misdemeanor by either the state or federal government contact skilled and experienced criminal defense attorney
John M. Howe. Mr. Howe has the experience, knowledge, and resources to effectively defend you against criminal charges. Securing the services of a high quality criminal defense team can save you months or years of anguish. A leader in the criminal defense and legal communities, Mr. Howe presently serves as President-Elect of the Palm Beach County Bar Association, a Director of the Florida Association of Criminal Defense Lawyers and a Past-President of the Palm Beach Association of Criminal Defense Lawyers.
787.01. Kidnapping; kidnapping of child under age 13, aggravating
circumstances
(1)(a) The term "kidnapping" means forcibly, secretly, or by threat
confining, abducting, or imprisoning another person against her or his
will and without lawful authority, with intent to:
1. Hold for ransom or reward or as a shield or hostage.
2. Commit or facilitate commission of any felony.
3. Inflict bodily harm upon or to terrorize the victim or another person.
4. Interfere with the performance of any governmental or political function.
(b) Confinement of a child under the age of 13 is against her or his
will within the meaning of this subsection if such confinement is without
the consent of her or his parent or legal guardian.
(2) A person who kidnaps a person is guilty of a felony of the first
degree, punishable by imprisonment for a term of years not exceeding
life or as provided in s. 775.082, s. 775.083, or s. 775.084.
(3)(a) A person who commits the offense of kidnapping upon a child
under the age of 13 and who, in the course of committing the offense,
commits one or more of the following:
1. Aggravated child abuse, as defined in s. 827.03;
2. Sexual battery, as defined in chapter 794, against the child;
3. Lewd or lascivious battery, lewd or lascivious molestation, lewd
or lascivious conduct, or lewd or lascivious exhibition, in violation
of s. 800. 04 or s. 847.0135(5);
4. A violation of s. 796.03 or s. 796.04, relating to prostitution,
upon the child;
or
5. Exploitation of the child or allowing the child to be exploited,
in violation of s. 450.151, commits a life felony, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
(b) Pursuant to s. 775.021(4), nothing contained herein shall be
construed to prohibit the imposition of separate judgments and sentences
for the life felony described in paragraph (a) and for each separate
offense enumerated in subparagraphs (a)1.-5.
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 subparagraphs 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;
4. A violation of s. 796.03 or s. 796.04, relating to prostitution,
upon the child; or
5. Exploitation of the child or allowing the child to be exploited,
in violation of s. 450.151.
(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.
Contact South Florida Criminal Defense Attorney John M. Howe
Contact the Law Offices of John M. Howe online to discuss how he will fight to protect your rights, or call him at 561-296-7772 or toll-free at 866-930-2938. During your first meeting, Mr. Howe will examine your case and determine the best way in which his services can be utilized to help you fight the kidnapping or false imprisonment charges you are facing.
