Fla. Stat. § 787.01 / § 787.02
Kidnapping &
False Imprisonment
The line between kidnapping and false imprisonment is intent — and it makes the difference between a life felony and a five-year one. Here is how Florida draws it.
Attorney-Reviewed Statute Resource
Reviewed by Jeff T. Gorman, Criminal Defense Attorney & Former 19th Circuit Prosecutor (Fla. Bar #538183).
Last reviewed: June 2026
The Key Difference
Both offenses involve unlawfully restraining another person, but the difference is intent. Under § 787.01, kidnapping requires confining someone with a specific intent — to hold for ransom, commit or facilitate a felony, inflict harm, or interfere with a government function.
The Governing Statute
Fla. Stat. § 787.01 — Kidnapping
""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 [hold for ransom, commit a felony, inflict harm, or interfere with a government function]."
Read the full statute on Online Sunshine →
False imprisonment under § 787.02 is unlawful restraint without that aggravating intent — a much less serious offense.
The Actual Penalties
Kidnapping vs. False Imprisonment
Kidnapping (first-degree felony): up to life in prison.
False imprisonment (third-degree felony): up to 5 years in prison.
Both are enhanced when the victim is a child under 13 and additional aggravating conduct is present.
False imprisonment (third-degree felony): up to 5 years in prison.
Both are enhanced when the victim is a child under 13 and additional aggravating conduct is present.
What a Defense Attorney Looks For
- Intent. Whether the specific intent required for kidnapping actually existed — the line to the far-lesser false imprisonment.
- Whether the confinement was "incidental" to another crime, which can preclude a separate kidnapping charge.
- Consent and the credibility of the allegation.
- Whether any restraint occurred at all.
Frequently Asked Questions
What is the difference between kidnapping and false imprisonment in Florida?
Both involve unlawful restraint. Kidnapping (§ 787.01) requires a specific intent — like ransom, committing a felony, or inflicting harm — and is a first-degree felony (up to life). False imprisonment (§ 787.02) lacks that intent and is a third-degree felony (up to 5 years).
Is kidnapping a life felony in Florida?
Kidnapping is a first-degree felony punishable by up to life in prison. It can carry even harsher treatment when the victim is a child under 13 and aggravating conduct is involved.
Charged Under This Statute?
A statute on a page is not the same as your case. Talk to an attorney who has handled these charges — free, confidential.
This page summarizes Fla. Stat. § 787.01 for general informational purposes and is not legal advice. Statutes change; while this page is reviewed by a licensed Florida attorney, always verify the current text on the official Online Sunshine source or consult an attorney about your specific situation. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.