While false imprisonment sounds a lot like “kidnapping,” it’s actually a separate offense. Many are unaware that they can be charged with false imprisonment for simply grabbing someone and keeping them restrained against their will. Applicable Florida Statutes. For example, a retail store owner may have security guard employees hold a customer against their Will for a lengthy period of time until they can determine that the customer has not shoplifted items. False imprisonment is the unlawful restraint of a person without consent or legal justification. Physical force is not mandatory for an offense of false imprisonment to be constituted. What is False Imprisonment in Florida? For example, someone can lock another person in a room or in a closet. The mental element is the equivalent as that for battery, so that false imprisonment can be committed recklessly. Not arrested. Given that a false imprisonment conviction can not only lead to serious penalties but can also hurt your future employment prospects and your brand (if you own a business), it’s critical that you work with a skilled attorney who is capable of successfully litigating on your behalf. False imprisonment involving a child under the age of 13 is a. In Colorado, the penalty depends on how false imprisonment was charged. Florida false imprisonment under Florida Statute 787.02 does not categorically satisfy the ACCA's elements clause,” the Eleventh Circuit recently held. In Florida, however, false imprisonment is also a serious criminal charge – often raised in the context of alleged domestic violence – that can be levied against a person who restrains another person without authority and against the person’s will. False imprisonment, in Florida, is considered aggravated when the prosecutor shows, beyond a reasonable doubt that, at the time of the false imprisonment, the victim was a child under the age of thirteen (13) and the defendant committed any of the following: an act of sexual battery against the child; Fundamentals of False Imprisonment. Further, in some cases, you may also find yourself the subject of a civil tort claim. False imprisonment is fundamentally a crime involving the deprivation of personal liberty (i.e., the freedom of movement). 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. Felony charges are reserved for only the most serious crimes. (See Dowling v. City of Fort Lauderdale.) 2017). (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 1 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. Actual physical restraint is not necessary for false imprisonment to occur. The suspicious person was detained. In Florida, false imprisonment is defined in section 787.02 of the Florida Statutes. Florida Statue § 787.02 states it’s illegal to confine, imprison or restrain another person against their will without lawful authority. Or, the offender intends to commit a felony, inflict bodily harm on the victim, terrorize the victim, or interfere with a governmental or political function. False imprisonment is a crime under Section 787.02 of the Florida Statutes. False imprisonment can be committed by words, acts, or by both[i]. 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