FAQs About False Imprisonment in Florida

October 9, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

False imprisonment is a serious felony in Florida that involves unlawfully preventing the movement of another person against their will – typically through restraint, abduction or confinement.

In Florida, false imprisonment is a very serious offense. However, it is often confused with other crimes (such as kidnapping), and sometimes misunderstood by even those with relatively strong knowledge of the criminal justice system.

This blog will discuss false imprisonment in Florida (Fla. Stat. 787.02) by answering the most frequently asked questions about it.

#1 – What is false imprisonment?

False imprisonment is defined in Florida as forcibly, by threat, or secretly confining, abducting, imprisoning or restraining another person without lawful authority, and against his or her own will.

#2 – What must be proven for someone to be guilty?

For someone to be guilty of false imprisonment, the State must establish all of the following beyond a reasonable doubt:

• The defendant confined, abducted, imprisoned or restrained another person
• The defendant did so forcibly, by threat, or secretly (e.g. hiding the victim somewhere)
• This was done against the victim’s will
• The defendant did not have lawful authority to do so

#3 – Is false imprisonment a felony or misdemeanor?

False imprisonment is a felony in Florida, but the severity of this charge depends on the facts of the case. False imprisonment without enhancements is a third-degree felony, punishable by up to 5 years in prison, 5 years of probation, and a $5,000 fine.

However, false imprisonment is a first-degree felony if the victim is a child under the 13 and the person commits any of the following as a result of the false imprisonment:

• Aggravated child abuse (Fla. Stat. 827.03)
• Sexual battery against the minor (Fla. Stat. 794)
• Lewd or lascivious battery, lewd or lascivious molestation, lewd or lascivious conduct, or lewd or lascivious exhibition (Fla. Stat. 800.04)
• Forcing or compelling the child to engage in prostitution (Fla. Stat. 796.04)
• Human trafficking and child exploitation (Fla. Stat. 450.151 and 787.06)

Note: Someone may be charged with separate first-degree felony counts of false imprisonment for each of the enumerated offenses committed upon the child under 13 (787.02(3)(b)).

#4 – Does false imprisonment trigger Florida’s 10-20-Life law?

No, false imprisonment does not automatically trigger Florida’s 10-20-Life law if a firearm is used in the commission of the offense. But if an enumerated felony under 10-20-Life (e.g. aggravated child abuse) is committed during the false imprisonment, 10-20-Life kicks in.

Florida’s 10-20-Life statute (Fla. Stat. 775.087) is a well-known sentencing enhancement. The law outlines the following mandatory minimum sentencing scheme for enumerated felonies (e.g. murder, sexual battery, robbery) involving the use of a firearm:

• If a firearm was carried or brandished during the commission of an offense, a mandatory minimum of 10 years in prison
• If the firearm was discharged but no injury or death resulted, a mandatory minimum of 20 years in prison
• If the firearm was discharged and injured or killed a victim, a mandatory minimum of 25 years to life in prison

Though kidnapping is covered by the 10-20-Life law, false imprisonment is not an enumerated felony under the statute. For more information on the 10-20-Life law, click here.

#5 – What’s the difference between kidnapping and false imprisonment?

The distinction between kidnapping (Fla. Stat. 787.01) and false imprisonment lies in the additional elements of kidnapping that are not required to prove false imprisonment. 

Though both of these offenses require “confinement” of another against their will, kidnapping involves a further intent (e.g. holding for ransom, to commit or facilitate a felony, to inflict bodily harm, or interfere with a government function).

Kidnapping is generally punished more seriously than false imprisonment, as kidnapping is classified as a first-degree felony (up to 30 years in prison) or a life felony (up to life in prison). For more on the similarities and differences between false imprisonment and kidnapping, click here.

#6 – Is false imprisonment a necessary lesser-included offense of kidnapping?

Yes, it is. The Florida Supreme Court has held that when someone is charged with kidnapping, a jury must also be instructed on false imprisonment. 

This is because false imprisonment is essentially kidnapping (unlawful confinement) but without a specific intent to commit additional unlawful activity (e.g. facilitation of a felony, holding the victim hostage). State v. Sanborn, 533 So. 2d 1169 (Fla. 1988)

For more on lesser-included offenses in Florida – offenses that someone may be convicted of at trial even if the “greater crime” is not proven beyond a reasonable doubt – click here.

#7 – Can simply grabbing someone lead to false imprisonment charges?

Yes, a “momentary grasp” of another person against their will can lead to false imprisonment charges. 

Florida’s courts have held that depriving a victim of personal liberty or freedom of movement against their will for any length of time is false imprisonment. Oakes v. State, 85 So. 3d 526 (Fla. 3d. DCA 2012)

#8 – Does false imprisonment require someone to threaten another person or hold them secretly?

No, this does not have to be done secretly (e.g. not in public) or by threats. The only requirement for false imprisonment is that the victim’s freedom of movement was forcibly restrained against their will. 

Again, this can be as simple as forcibly grabbing someone or wrapping arms around someone to prevent them from escaping. Jane v. State, 362 So. 2d 1005 (Fla. 4th DCA 1978)

#9 – Does the State have to prove someone’s specific intent to commit false imprisonment?

No, someone does not have to specifically intend to “falsely imprison” another person for the crime to occur. All the State must prove is that the defendant intentionally confined, abducted, or restrained the victim against their will.

For example, someone grabbing their partner’s arm during an argument when they try to leave the room before letting go a few seconds later is considered false imprisonment, even if someone was totally unaware they were acting criminally and only confined the victim for a moment. State v. Graham, 468 So. 2d 270 (Fla. 2d. DCA 1985)

#10 – What are some examples (and non-examples) of false imprisonment?

Examples of conduct that rise to the level of false imprisonment in Florida include:

• Locking someone in a room and refusing to let them leave, even if they were not otherwise harmed
• Blocking a doorway with threats (e.g. “If you try to run, I’ll beat you”)
• Holding someone’s arm tightly during an argument so they are unable to walk away

Examples of conduct that do not rise to the level of false imprisonment include:

• Closing the door of a room accidentally while someone is trying to leave, without realizing they are inside
• Asking someone to stay with you and they voluntarily remain there
• Parents grounding a child (parental rights in Florida make this non-criminal)
• Police lawfully arresting someone with probable cause (valid arrest is not false imprisonment) 

The key factors are the intent of the defendant to restrain, the consent (or lack thereof) of the alleged victim, and the presence or absence of a lawful basis for the conduct.

#11 – Can someone be charged with false imprisonment in an aggravated assault case?

Yes, someone may be charged separately with false imprisonment in an aggravated assault case if the aggravated assault restrained the victim’s movement (e.g. they were told to stay in place and did not move because the defendant pointed a gun). State v. Waits, 848 So. 2d 1030 (Fla. 2003). 

For more information on aggravated assault charges in Florida, click here.

#12 – What are the defenses to false imprisonment in Florida?

If someone is charged with false imprisonment, there are many defenses that exist, one or more of which may apply in a given case. These include:

• Consent of the victim
• Lack of intent to restrain or confine the victim
• Lawful authority (e.g. police performing an arrest)
• Justification or necessity (e.g. stopping someone from shooting another person by grabbing them)
• Self-defense or defense of others 
• Insufficient evidence 
• Alibi/mistaken identity (e.g. if no evidence exists that the defendant was the one who committed the offense and phone records/GPS data or other information indicates the defendant was in another location
• Procedural defenses (moving to suppress evidence, moving to suppress post-Miranda statements, etc.)

In sum, false imprisonment in Florida involves the unlawful restraint or confinement of a victim without their consent. It can be for any length of time, and may involve threats or secrecy, but the offense does not require it.

False imprisonment without aggravating factors is a third-degree felony (up to 5 years in prison). However, someone may face first-degree felony charges if they commit an enumerated offense during the course of the false imprisonment on a victim under 13 (e.g. aggravated child abuse, lewd offenses).

By understanding the answers to all of the above FAQs, someone will be significantly more knowledgeable about false imprisonment in Florida. 

It is critical to find experienced and trusted legal representation as soon as possible if someone is charged with kidnapping or false imprisonment. This decision could make the difference in whether or not someone faces a lengthy prison term and hefty fines.

Criminal Defense Attorney in Tallahassee, FL

Don Pumphrey, Jr. is a Former Prosecutor, Former State Police Officer, Lifetime Member of the Florida Association of Criminal Defense Lawyers; for over 25 years as a private defense attorney who is Trusted, Experienced, Aggressive in Criminal Defense as a Trial Attorney, Criminal Lawyer, Criminal Defense Lawyer for the accused in Florida State Courts located in Tallahassee, Florida but handling cases throughout the State of Florida.

Don Pumphrey, Jr. and the Tallahassee criminal defense lawyers at Pumphrey Law have decades of experience fighting drug charges on behalf of clients and winning. Call Pumphrey Law now at (850) 681-7777 to learn more about what we can do for you. Our lawyers will be happy to provide you with a free consultation.

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