Criminal Law: Kidnapping and Aggravating Circumstances
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What is the definition of kidnapping according to the Florida statute?

  • Forcibly, secretly, or by threat confining, abducting, or imprisoning another person with or without lawful authority.
  • Forcibly, secretly, or by threat confining, abducting, or imprisoning another person with her or his will and without lawful authority.
  • Forcibly, secretly, or by threat confining, abducting, or imprisoning another person against her or his will and with lawful authority.
  • Forcibly, secretly, or by threat confining, abducting, or imprisoning another person against her or his will and without lawful authority. (correct)

    • What is the punishment for kidnapping a person?

  • A misdemeanor of the first degree, punishable by imprisonment for a term of years not exceeding 1.
  • A felony of the first degree, punishable by imprisonment for a term of years not exceeding life. (correct)
  • A felony of the second degree, punishable by imprisonment for a term of years not exceeding 15.
  • A capital felony, punishable by death.

    • What is the specific condition for confinement of a child under 13 to be considered against their will?

  • If the confinement is with the consent of the child.
  • If the confinement is without the consent of her or his parent or legal guardian. (correct)
  • If the parent or legal guardian is present.
  • If the confinement is with the consent of her or his parent or legal guardian.

    • What is the punishment for kidnapping a child under 13 with aggravating circumstances?

    <p>A life felony, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.</p> Signup and view all the answers

    What is one of the aggravating circumstances for kidnapping a child under 13?

    <p>Aggravated child abuse.</p> Signup and view all the answers

    Can separate judgments and sentences be imposed for the life felony of kidnapping a child under 13 and for each separate offense enumerated?

    <p>Yes, separate judgments and sentences can be imposed.</p> Signup and view all the answers

    What is the intent required for the offense of kidnapping?

    <p>All of the above.</p> Signup and view all the answers

    Can the offense of kidnapping be committed with or without lawful authority?

    <p>Only without lawful authority.</p> Signup and view all the answers

    What is the term for forcibly confining, abducting, imprisoning, or restraining another person without lawful authority and against their will?

    <p>False imprisonment</p> Signup and view all the answers

    What is the penalty for committing the offense of false imprisonment upon a child under the age of 13 with aggravated circumstances?

    <p>Felony of the first degree, punishable by imprisonment for a term of years not exceeding life</p> Signup and view all the answers

    What is required for confinement of a child under the age of 13 to be considered against their will?

    <p>The confinement must be without the consent of the parent or legal guardian</p> Signup and view all the answers

    What is the term for intentionally luring or enticing a child under the age of 12 into a structure, dwelling, or conveyance for other than a lawful purpose?

    <p>Luring or enticing a child</p> Signup and view all the answers

    What is the penalty for a person 18 years of age or older who lures or entices a child under the age of 12 into a structure, dwelling, or conveyance for other than a lawful purpose, having been previously convicted of a similar offense?

    <p>Felony of the third degree</p> Signup and view all the answers

    What is an affirmative defense to a prosecution under Section 787.025?

    <p>The person reasonably believed that their action was necessary to prevent the child from being seriously injured</p> Signup and view all the answers

    What is the term for a building of any kind, either temporary or permanent, which has a roof over it, together with the curtilage thereof?

    <p>Structure</p> Signup and view all the answers

    What is the term for a building or conveyance of any kind, either temporary or permanent, mobile or immobile, which has a roof over it and is designed to be occupied by people lodging together therein at night, together with the curtilage thereof?

    <p>Dwelling</p> Signup and view all the answers

    What is the term for any motor vehicle, ship, vessel, railroad car, trailer, aircraft, or sleeping car?

    <p>Conveyance</p> Signup and view all the answers

    What is the penalty for a person 18 years of age or older who, having been previously convicted of a violation of chapter 794, s. 800.04, or s. 847.0135(5), lures or entices a child under the age of 12 into a structure, dwelling, or conveyance for other than a lawful purpose?

    <p>Felony of the third degree</p> Signup and view all the answers

    What is the punishment for interference with custody?

    <p>Felony of the third degree</p> Signup and view all the answers

    What is a defense to the crime of interference with custody?

    <p>The defendant had reasonable cause to believe that his or her action was necessary to preserve the minor or the incompetent person from danger to his or her welfare.</p> Signup and view all the answers

    What is not a requirement for the exception to the crime of interference with custody?

    <p>The person has no criminal record.</p> Signup and view all the answers

    What is the age of the minor that creates the presumption that the defendant knew the minor's age or acted in reckless disregard thereof?

    <p>18 years</p> Signup and view all the answers

    What is the effect of a subsequently obtained court order for custody or visitation?

    <p>It has no effect on the application of this section.</p> Signup and view all the answers

    What is the punishment for luring or enticing a child under the age of 12 into a structure, dwelling, or conveyance for a lawful purpose?

    <p>Not specified in the statute</p> Signup and view all the answers

    Who can be guilty of interference with custody?

    <p>Any person who takes or entices a minor or incompetent person from the custody of the minor's or incompetent person's parent, guardian, or other lawful custodian.</p> Signup and view all the answers

    What is one of the situations where the offenses prescribed in subsections (1) and (2) do not apply?

    <p>When the person having a legal right to custody of a minor or incompetent person is the victim of any act of domestic violence.</p> Signup and view all the answers

    What is one of the requirements for the exception to the crime of interference with custody?

    <p>The person must make a report to the sheriff's office or state attorney's office within 10 days.</p> Signup and view all the answers

    What is the purpose of the crime of interference with custody?

    <p>To deter people from taking minors or incompetent persons from their lawful custodians.</p> Signup and view all the answers

    What is required of a person who takes a minor from the state in violation of a court order?

    <p>They must have the permission of the court to do so.</p> Signup and view all the answers

    What is the penalty for violating section 787.04?

    <p>Felony of the third degree</p> Signup and view all the answers

    What is the purpose of the Uniform Child Custody Jurisdiction and Enforcement Act?

    <p>To determine custody of minors in different jurisdictions</p> Signup and view all the answers

    What is human trafficking?

    <p>A form of modern-day slavery</p> Signup and view all the answers

    What is the defense for a person who takes a minor beyond state lines?

    <p>That they reasonably believed their action was necessary to protect the minor from child abuse</p> Signup and view all the answers

    What is the purpose of 28 U.S.C. 1738A?

    <p>To help enforce court orders related to child custody</p> Signup and view all the answers

    What is the consequence of concealing the location of a minor in violation of a court order?

    <p>Felony of the third degree</p> Signup and view all the answers

    What is required of a person who has taken a minor beyond state lines?

    <p>They must produce the minor in court or deliver the minor to the person designated by the court.</p> Signup and view all the answers

    What is the context of section 787.04?

    <p>Kidnapping of minors</p> Signup and view all the answers

    What is the purpose of reporting the address and telephone number of the person and the minor or incompetent person?

    <p>To enable the court to enforce its orders</p> Signup and view all the answers

    What is the primary intent of the Legislature regarding human trafficking?

    <p>To penalize the perpetrators of human trafficking and protect the victims</p> Signup and view all the answers

    What technique do traffickers frequently use to instill fear in victims?

    <p>Confiscating passports, visas, or other identification documents</p> Signup and view all the answers

    What is a form of labor exploitation mentioned in the content?

    <p>Restaurant work</p> Signup and view all the answers

    What is meant by 'coercion' according to the content?

    <p>Any of the above methods to exploit a person</p> Signup and view all the answers

    What is included in the definition of 'commercial sexual activity'?

    <p>Sexually explicit performances</p> Signup and view all the answers

    What is the purpose of human trafficking according to the content?

    <p>To exploit the victim for labor or services</p> Signup and view all the answers

    What is meant by 'maintain' in relation to labor or services?

    <p>To secure or make possible continued performance</p> Signup and view all the answers

    What is the role of the Supreme Court, The Florida Bar, and relevant state agencies according to the content?

    <p>To prepare and implement training programs</p> Signup and view all the answers

    What is the result of the Legislature's intent to protect victims of human trafficking?

    <p>Victims are protected and assisted by the state and its agencies</p> Signup and view all the answers

    What is a consequence of the traffickers' actions according to the content?

    <p>Victims are kept enslaved</p> Signup and view all the answers

    What is the consequence of a victim's lack of chastity or willingness to consent to a human trafficking offense if the victim was under 18 years of age at the time of the offense?

    <p>It is not a defense to prosecution.</p> Signup and view all the answers

    What is the recommended policy for state attorneys regarding human trafficking offenses?

    <p>A pro-prosecution policy.</p> Signup and view all the answers

    What is the penalty for transporting an individual into the state who is illegally entering the United States from another country?

    <p>A felony of the third degree.</p> Signup and view all the answers

    Where are public awareness signs about human trafficking required to be displayed?

    <p>In every rest area, turnpike service plaza, weigh station, primary airport, passenger rail station, and welcome center, as well as emergency rooms and certain establishments.</p> Signup and view all the answers

    What is the minimum size of the public awareness sign required to be displayed?

    <p>8.5 inches by 11 inches.</p> Signup and view all the answers

    What is the consequence of violating the requirement to display a public awareness sign?

    <p>A noncriminal violation punishable by a fine.</p> Signup and view all the answers

    Who can adopt an ordinance to enforce the requirement to display a public awareness sign?

    <p>The county commission.</p> Signup and view all the answers

    What is the purpose of the public awareness sign?

    <p>To provide information and access to help and services for victims of human trafficking.</p> Signup and view all the answers

    What is the punishment for commercial sexual activity involving a child younger than 18 years of age?

    <p>A life felony</p> Signup and view all the answers

    What is the punishment for a parent or legal guardian who sells or transfers custody of a minor with knowledge that the minor will be subject to human trafficking?

    <p>A life felony</p> Signup and view all the answers

    What is the purpose of the training programs for law enforcement officers in the subjects of investigating and preventing human trafficking crimes?

    <p>To provide training on investigating and preventing human trafficking crimes</p> Signup and view all the answers

    What is the consequence of causing great bodily harm, permanent disability, or permanent disfigurement to another person during the commission of an offense under this section?

    <p>The offense is reclassified as a life felony</p> Signup and view all the answers

    What is the exemption provided for information about the location of a residential facility offering services for adult victims of human trafficking?

    <p>Exemption from s. 119.07(1) and s. 24(a), Art.I of the State Constitution</p> Signup and view all the answers

    What is the penalty for permanently branding a victim of human trafficking for the purpose of committing or facilitating an offense under this section?

    <p>A felony of the second degree</p> Signup and view all the answers

    What is the purpose of the standards of instruction for prosecutors to receive training on the investigation and prosecution of human trafficking crimes?

    <p>To provide training on investigating and prosecuting human trafficking crimes</p> Signup and view all the answers

    What is the consequence of seizing and forfeiting real property or personal property that was used in violation of any provision of this section?

    <p>The property is seized and forfeited</p> Signup and view all the answers

    What is the defense that cannot be raised in a prosecution under this section?

    <p>All of the above</p> Signup and view all the answers

    What is the purpose of the exemptions from s. 119.07(1) and s. 24(a), Art.I of the State Constitution for facilities licensed by the Agency for Health Care Administration?

    <p>None of the above</p> Signup and view all the answers

    What does 'obtain' mean in relation to labor, commercial sexual activity, or services?

    <p>To receive, take possession of, or take custody of another person or secure performance thereof</p> Signup and view all the answers

    What is a 'venture' in the context of human trafficking?

    <p>Any group of two or more individuals associated in fact</p> Signup and view all the answers

    What is the punishment for human trafficking involving a child younger than 18 years of age?

    <p>Felony of the first degree</p> Signup and view all the answers

    What is 'services' in the context of human trafficking?

    <p>Any act committed at the behest of, under the supervision of, or for the benefit of another</p> Signup and view all the answers

    What is the term for an alien who is not authorized under federal law to be employed in the United States?

    <p>Unauthorized alien</p> Signup and view all the answers

    What is 'sexually explicit performance'?

    <p>Any live, photographed, recorded, or videotaped act intended to arouse or satisfy sexual desires</p> Signup and view all the answers

    What is the punishment for human trafficking involving an adult using coercion?

    <p>Felony of the first degree</p> Signup and view all the answers

    What is the term for an act or show, whether public or private, that is live, photographed, recorded, or videotaped and intended to arouse or satisfy sexual desires?

    <p>Sexually explicit performance</p> Signup and view all the answers

    What is the punishment for human trafficking involving an unauthorized alien?

    <p>Felony of the first degree</p> Signup and view all the answers

    What is the term for any group of two or more individuals associated in fact, whether or not a legal entity?

    <p>Venture</p> Signup and view all the answers

    Study Notes

    Kidnapping and False Imprisonment

    • Kidnapping: forcibly, secretly, or by threat confining, abducting, or imprisoning another person against their will and without lawful authority, with intent to:
      • Hold for ransom or reward
      • Commit or facilitate commission of any felony
      • Inflict bodily harm or terrorize the victim or another person
      • Interfere with the performance of any governmental or political function
    • Punishable by imprisonment for a term of years not exceeding life
    • Aggravating circumstances: if the victim is a child under 13, and the perpetrator commits:
      • Aggravated child abuse
      • Sexual battery
      • Lewd or lascivious battery, molestation, conduct, or exhibition
      • Prostitution
      • Exploitation of the child or allowing the child to be exploited
      • Human trafficking

    False Imprisonment

    • False imprisonment: forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against their will
    • Punishable by imprisonment for a term of years not exceeding life
    • Aggravating circumstances: if the victim is a child under 13, and the perpetrator commits:
      • Aggravated child abuse
      • Sexual battery
      • Lewd or lascivious battery, molestation, conduct, or exhibition
      • Prostitution
      • Exploitation of the child or allowing the child to be exploited
      • Human trafficking

    Luring or Enticing a Child

    • Luring or enticing a child: intentionally luring or enticing, or attempting to lure or entice, a child under the age of 12 into a structure, dwelling, or conveyance for other than a lawful purpose
    • Punishable by imprisonment for a term of years not exceeding life
    • Defenses:
      • Reasonable belief that the action was necessary to prevent the child from being seriously injured
      • Lawful purpose
      • Reasonable actions under the circumstances

    Interference with Custody

    • Interference with custody: knowingly or recklessly taking or enticing, or aiding, abetting, hiring, or otherwise procuring another to take or entice, any minor or incompetent person from the custody of the minor's or incompetent person's parent, guardian, or lawful custodian
    • Punishable by imprisonment for a term of years not exceeding life
    • Defenses:
      • Reasonable cause to believe that the action was necessary to preserve the minor or incompetent person from danger
      • Victim of domestic violence

    Removing Minors from the State

    • Removing minors from the state: leading, taking, enticing, or removing a minor beyond the limits of the state, or concealing the location of a minor, with criminal intent, during the pendency of any action or proceeding affecting custody
    • Punishable by imprisonment for a term of years not exceeding life
    • Defenses:
      • Reasonable belief that the action was necessary to protect the minor from child abuse

    Human Trafficking

    • Human trafficking: transporting, soliciting, recruiting, harboring, providing, enticing, maintaining, purchasing, patronizing, procuring, or obtaining another person for the purpose of exploitation

    • Punishable by imprisonment for a term of years not exceeding life

    • Aggravating circumstances: if the victim is a child or an unauthorized alien

    • Defenses:

      • Reasonable belief that the action was necessary to protect the victim from harm
      • Lack of knowledge or intent### Human Trafficking Crimes

    • Committing labor or services using coercion or transferring a child under 18 or an adult believed to be under 18 from outside the state to within the state is a felony of the first degree.

    • Committing labor or services using coercion by transferring an adult from outside the state to within the state is a felony of the first degree.

    • Committing commercial sexual activity by transferring a child under 18 or an adult believed to be under 18 from outside the state to within the state is a felony of the first degree.

    • Committing commercial sexual activity by transferring an adult from outside the state to within the state using coercion is a felony of the first degree.

    Penalties for Human Trafficking Crimes

    • Each instance of human trafficking of an individual is a separate crime with a separate punishment.
    • Selling or transferring custody of a minor with knowledge of human trafficking is a life felony.
    • Permanently branding a victim of human trafficking is a second-degree felony.
    • The Criminal Justice Standards and Training Commission shall establish standards for training programs for law enforcement officers on investigating and preventing human trafficking crimes.

    Investigation and Prosecution of Human Trafficking Crimes

    • Every basic skills course required for law enforcement officers to obtain initial certification must include training on human trafficking crime prevention and investigation.
    • Each state attorney shall develop standards of instruction for prosecutors to receive training on the investigation and prosecution of human trafficking crimes.
    • Any property used, attempted to be used, or intended to be used in violation of human trafficking laws may be seized and forfeited.

    Defenses and Exceptions

    • Ignorance of the victim's age, misrepresentation of age, or bona fide belief of age cannot be raised as a defense to human trafficking crimes.
    • A victim's lack of chastity or willingness to participate is not a defense to prosecution under this section if the victim was under 18 years old at the time of the offense.

    Public Awareness and Education

    • Public awareness signs about human trafficking must be displayed in rest areas, turnpike service plazas, weigh stations, primary airports, passenger rail stations, and welcome centers.
    • Emergency rooms and certain establishments must display public awareness signs about human trafficking.
    • The public awareness sign must state the National Human Trafficking Resource Center hotline and provide information on seeking help and services.

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