Kidnapping includes the confinement, abduction, or imprisonment of another person against his or her will. The kidnapping must have been committed forcibly, secretly, or by threat and without lawful authority. Likewise, the person accused of the crime must also have the intent to hold the kidnapped person for ransom or reward, as a shield/ hostage, commit or facilitate the commission of a felony, inflict bodily harm upon or terrorize the victim or another person, or interfere with the performance of any governmental or political function.
Three-Prong Test
The Florida Supreme Court uses a three-prong test to determine whether the movement or confinement of an individual during the commission of another felony is enough to justify a kidnapping conviction. To constitute kidnapping, the necessary movement or confinement occurring within the context of the other felony must not be slight/ inconsequential, must not be of the kind inherent in the nature of the crime, and must have some significance independent of the other crime in that it makes the other crime substantially easier to commit or lessens the risk of detection.
Punishments
The sentence for kidnapping depends much on the circumstances. In general, it is a first-degree felony that can lead to imprisonment for up to 30 years. The court can also impose an additional fine of up to $10,000 for the crime. If the charge is aggravated kidnapping, including kidnapping a child under the age of thirteen, the sentence could be a life felony. Alternatively, the accused could face a split sentence of twenty-five years in state prison followed by probation or community control for the rest of the person’s life. Additionally, a $15,000 fine might be imposed.