A person generally commits the criminal offense of kidnapping by using force or other means of instilling fear to steal, take, hold, detain, abduct, or arrest a person and take them to another location. A person of any age may be a victim of kidnapping.

And a person generally commits the criminal offense of aggravated kidnapping if the person (1) uses force, fear, or fraud upon a victim who is a child under 14 years of age; (2) accompanies the kidnapping with a demand for ransom; (3) causes the victim to suffer serious bodily injury or death; (4) kidnaps a person during a carjacking; (5) uses the victim as a shield or hostage; or (6) exhibits or uses a deadly weapon during the course of the kidnapping.

Kidnapping laws vary from state to state, including definitions and affirmative defenses, such as whether the person taken is related to the kidnapper. Some states have child abduction laws that apply to the abduction of children by parents or relatives when the child is not moved a significant distance (out of county or state). Kidnapping laws are generally located in a state’s statutes—often in the penal or criminal code.

In Florida, kidnapping is defined under Florida Statutes Section 787.01 as 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 upon or to terrorize the victim or another person, or interfere with the performance of any governmental or political function. Aggravated kidnapping, which is not a distinct offense in Florida but rather an enhanced form of kidnapping, may involve circumstances such as kidnapping a child under 13 years of age (which can lead to life imprisonment), demanding a ransom, causing serious bodily injury or death, committing a carjacking, using the victim as a shield or hostage, or exhibiting or using a deadly weapon during the kidnapping. These factors can lead to more severe penalties. Florida law also addresses the issue of child abduction by parents or relatives under Florida Statutes Section 787.03, which prohibits interference with custody and can apply even if the child is not taken a significant distance. The penalties for kidnapping offenses in Florida are severe and can include life imprisonment or even the death penalty for the most serious cases.