False Imprisonment
Forcibly, secretly, or by threat confining, abducting, imprisoning, or restraining another without lawful authority and against the person's will.
Florida Statute
§ 787.02
False imprisonment; false imprisonment of child under age 13, aggravating circumstances
Verified against the 2026 Florida Statutes: September 14, 2026
Quick Summary
Confirm the restraint method, lack of lawful authority, lack of consent, and any child-victim aggravating circumstances.
Classification Matrix
Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.
Baseline False Imprisonment
F.S. § 787.02(2)
False imprisonment without the child-victim aggravating track.
Child Under 13 With Listed Aggravator
F.S. § 787.02(3)
False imprisonment of a child under 13 coupled with a listed aggravating offense.
Elements of the Offense
Elements of the Offense
Elements marked AND are cumulative. Elements marked OR identify statutory alternatives; one applicable alternative must be established when that theory is charged. Conditional elements apply only to the identified statutory track.
- Element 1AND — Required
All required
The defendant forcibly, secretly, or by threat confined, abducted, imprisoned, or restrained the victim without lawful authority and against the victim's will.
Plain language: Prove one restraint method, no authority, and no consent.
- Element 2Conditional
Aggravated child-victim track
For the life-felony child track, the victim was under 13 and the defendant committed a listed aggravating offense during the false imprisonment.
Plain language: Both child age and a listed aggravator are required.
Jury Instructions
Jury Instructions
No dedicated Florida Standard Jury Instruction was located in the July 2026 compilation. Consult the current statute, applicable case law, and agency or legal guidance.
View Official Jury InstructionsAdditional Notes
Additional Notes
Distinguish Kidnapping
False imprisonment does not require the additional purpose elements used for kidnapping. Document the restraint, method, duration, movement, authority, consent, and any child-victim aggravator.