False Imprisonment — Florida § 787.02

Under Florida Statute § 787.02, false imprisonment is a third-degree felony carrying up to 5 years in prison and a $5,000 fine. The charge requires forcibly, secretly, or by threat confining, abducting, imprisoning, or restraining another person against their will — without the additional criminal purpose required for kidnapping under § 787.01. False imprisonment of a child under 13 is elevated to a first-degree felony with up to 30 years. In Polk County, this charge is routinely filed alongside domestic battery in situations involving restraint during domestic disputes — and the distinction from kidnapping is critical to sentencing exposure.

Legally reviewed by Tonmiel Rodriguez, Board Certified Criminal Trial Lawyer — last reviewed June 2026.

What Is False Imprisonment Under Florida Law?

Florida § 787.02 defines false imprisonment as forcibly, secretly, or by threat confining, abducting, imprisoning, or restraining another person against their will. Unlike kidnapping under § 787.01, false imprisonment does not require any of the added purposes kidnapping demands, such as ransom, facilitating a felony, or terrorizing the victim. The State only needs to prove: (1) the defendant confined or restrained the alleged victim, (2) against the victim’s will, and (3) by force, threat, or deception. This simpler element structure makes false imprisonment easier to charge and easier to prove than kidnapping — even though it still carries a felony conviction and up to 5 years in prison.

What Are the Penalties for False Imprisonment in Florida?

Charge	Statute	Degree	Max Prison	Max Fine
False imprisonment	§ 787.02(1)	3rd Degree Felony	5 years	$5,000
False imprisonment of child under 13	§ 787.02(3)(a)	1st Degree Felony	30 years	$10,000
False imprisonment of child under 13 with sexual battery	§ 787.02(3)(a)1	Life Felony	Life	—

False imprisonment is a Level 5 offense on Florida’s Criminal Punishment Code, scoring 28 points. For a first-time offender with no prior record, the guidelines minimum is typically a non-state prison sanction — meaning probation is possible. However, when charged alongside domestic battery, aggravated battery, or any charge with victim injury points, the scoresheet total can cross the mandatory prison threshold quickly. False imprisonment of a child under 13 scores as a first-degree felony — 74 points — and virtually guarantees a guidelines prison sentence.

What Is the Difference Between False Imprisonment and Kidnapping in Florida?

The difference is one of intent beyond the confinement itself. False imprisonment under § 787.02 requires only that someone was confined against their will by force or threat — no additional purpose. Kidnapping under § 787.01 requires that same confinement PLUS proof of one of five specific criminal purposes: ransom, use as a shield or hostage, facilitating a felony, inflicting bodily harm or terrorizing the victim, or interfering with a governmental function. Without one of those five purposes, the charge cannot legally be kidnapping — it must be false imprisonment. This distinction separates a third-degree felony with a 5-year maximum from a first-degree felony with a life maximum, and it drives the sentencing exposure in any case where both charges are filed.

How Is False Imprisonment Charged in Domestic Violence Cases in Polk County?

False imprisonment is among the most commonly stacked charges in domestic violence prosecutions in the 10th Judicial Circuit. The scenario is consistent: a domestic dispute escalates, one partner attempts to leave, and the other physically blocks the door, grabs their arm, or prevents their exit from a room or vehicle. Law enforcement arrives, and the responding officers file battery and false imprisonment based on the victim’s account. In Polk County, the State Attorney’s Office files these charges even when the alleged victim is reluctant to cooperate — because once a battery and false imprisonment are charged, the State can proceed without the victim’s active participation using prior statements to law enforcement, 911 recordings, and officer testimony.

The combination of domestic battery plus false imprisonment creates a legal situation where a no-contact order prevents the defendant from returning home, and the potential prison exposure — even on a third-degree felony — affects housing, employment, and family. I handle these stacked domestic charges by attacking each charge individually: challenging the battery element, the confinement element, and whether the alleged restraint was actually against the victim’s will or was, in context, something both parties understood differently.

What Are the Best Defenses to False Imprisonment in Florida?

Was the Confinement Actually Against the Victim’s Will?

The “against the will” element is the most contested issue in false imprisonment cases arising from domestic disputes. If the alleged victim voluntarily remained, willingly participated in the interaction, or consented to the physical restraint in the context of the relationship — the State’s case has a fundamental evidentiary gap. Prior messages, the history of the relationship, and the alleged victim’s own conduct before and during the alleged confinement are all relevant. When the alleged victim’s post-incident statements are inconsistent with the claim of confinement against their will — as is common in domestic cases where parties reconcile — that inconsistency becomes powerful impeachment material.

Did the Restraint Constitute Confinement or Just a Brief Physical Interaction?

Not every physical contact that restricts movement rises to the level of false imprisonment. Grabbing a person’s arm momentarily in the context of an argument, blocking a doorway for seconds, or holding someone’s hand during a heated conversation — without compelling them to remain — may not satisfy the confinement element. Florida courts require that the restraint be more than momentary and must actually restrict the person’s freedom of movement. Brief, fleeting physical contact is more appropriately characterized as battery, not false imprisonment.

Does the Faison Merger Doctrine Apply to False Imprisonment?

The Faison merger doctrine applies specifically to kidnapping — it addresses whether confinement incidental to another felony can sustain a separate kidnapping conviction. For false imprisonment, which is itself a lesser charge, Faison can still be relevant when false imprisonment is stacked alongside another charge (such as battery or robbery) and the restraint was entirely incidental to the other offense. In those cases, arguing that the restraint had no independent criminal significance beyond the primary charge can be a basis for dismissal of the false imprisonment count or a lesser-included instruction.

Is the Victim’s Account Credible and Consistent?

In cases where the only evidence of confinement is the alleged victim’s statement to police — with no corroborating witnesses, physical evidence, or recordings — the credibility of that statement is the entire case. Inconsistencies between the 911 call, the first officer’s report, the victim’s written statement, and subsequent statements to investigators are common in domestic cases filed under emotional circumstances. I obtain every statement made by the alleged victim from the first moment of police contact and analyze them for inconsistency, motive to fabricate, and evidence of coaching or pressure from third parties (family members, attorneys in a related divorce proceeding).

Frequently Asked Questions — False Imprisonment Defense in Florida

What is the penalty for false imprisonment in Florida?

False imprisonment under § 787.02(1) is a third-degree felony with a maximum of 5 years in prison and a $5,000 fine. False imprisonment of a child under 13 is a first-degree felony with up to 30 years. False imprisonment of a child under 13 combined with sexual battery is a life felony.

What is the difference between false imprisonment and kidnapping in Florida?

False imprisonment under § 787.02 requires only confinement against the person’s will — no additional purpose needed. It is a third-degree felony (5 years max). Kidnapping under § 787.01 requires that same confinement PLUS one of five enumerated criminal purposes (ransom, shield, felony facilitation, terrorizing, or government interference) — a first-degree felony (life max). The intent element is what separates a 5-year maximum from a life maximum.

Can false imprisonment be charged for blocking a doorway during a domestic dispute?

Yes — and in Polk County, it frequently is. Blocking a doorway, preventing a partner from leaving a room, or physically restraining someone during a domestic argument can all support a false imprisonment charge under § 787.02. Whether the restraint was actually against the person’s will — and whether it was more than momentary physical contact — is the central factual question that a defense lawyer must attack from the beginning of the case.

What happens if the victim doesn’t want to press charges for false imprisonment?

In Florida, the decision to prosecute is the State’s — not the victim’s. Even if the alleged victim refuses to cooperate, recants their statement, or expressly asks the State not to prosecute, the 10th Judicial Circuit State Attorney’s Office can and does proceed with false imprisonment charges using prior statements, 911 recordings, and officer testimony. Victim non-cooperation affects the strength of the State’s case but does not automatically result in dismissal. I use victim non-cooperation as a significant negotiating tool in plea discussions — it materially weakens the prosecution’s ability to prove the case at trial.

Can false imprisonment be charged alongside domestic battery in Florida?

Yes — and this is the most common charging pattern for false imprisonment in Polk County. Battery covers the physical contact; false imprisonment covers the restraint. Both can arise from the same incident and be charged simultaneously. When both are charged, the scoresheet total increases, bail is typically higher, and no-contact orders apply to both counts. I address both charges simultaneously — attacking them on the same factual theory rather than conceding one while defending the other.

False Imprisonment in Domestic Violence Contexts

In Polk County, false imprisonment charges most commonly arise out of domestic disputes. When police respond to a domestic disturbance and one partner alleges they were blocked from leaving — whether by standing in a doorway, taking car keys, or physically restraining them — false imprisonment is often added to the battery charge as a separate count. The problem with domestic false imprisonment cases is that the alleged victim’s account is taken at face value at first appearance. My job is to get ahead of the narrative before the prosecutor files formally. I have handled dozens of these cases in the 10th Circuit, and early intervention — before the State decides what to charge — is where the most important work happens.

Florida’s mandatory arrest statute under § 741.29 means law enforcement will arrest when they respond to a domestic call and see physical evidence of a crime. That does not mean the charges stick. Victim recantation, inconsistent statements, and physical evidence that contradicts the allegation are all viable defense avenues.

Parent-Child Custody Scenarios

Florida Statute § 787.03 creates a specific exemption for relatives — including parents — who take a child, but that exemption has clear limits. It does not apply when: (1) a custody order exists and the parent violates it; (2) the taking is from a custodial parent or guardian and the non-custodial parent had no legal right to the child; or (3) the child is taken out of state without permission. What looks like a custody dispute can be charged as interference with child custody, or — in aggravated circumstances — as kidnapping. I have defended parents who took their own children and faced felony charges because of an existing court order. These cases require both criminal defense expertise and knowledge of family court — and I bring both.

False Imprisonment vs. Kidnapping: The Key Distinction

Under Florida law, false imprisonment under § 787.02 requires only that someone was forcibly, secretly, or by threat confined or restrained against their will — without lawful authority. Kidnapping under § 787.01 requires that same confinement PLUS a specific criminal purpose: ransom, committing a felony, inflicting harm, terrorizing, or interfering with government. The punishment gap is enormous. False imprisonment is a third-degree felony — up to 5 years. Kidnapping is a first-degree felony — up to life. Prosecutors frequently overcharge false imprisonment as kidnapping, especially in domestic or carjacking scenarios. When I see a kidnapping charge that lacks a clearly defined criminal purpose, the first motion I file is a motion for judgment of acquittal on the kidnapping count — and I file it pretrial if the facts support it.

Enhancement: False Imprisonment of a Child Under 13

Under § 787.02(3)(a), false imprisonment of a victim who is a child under 13 years of age is automatically elevated to a first-degree felony carrying up to 30 years in state prison. The enhancement applies regardless of whether the defendant knew the child’s age. In these cases, the Florida Criminal Punishment Code scoresheet will score the offense at a Level 8 or higher, meaning prison time is presumptive absent a downward departure. These cases also trigger mandatory referral to the Department of Children and Families and may result in termination of parental rights in a concurrent family court proceeding.

How a False Imprisonment Case Moves Through the System

After arrest, the defendant goes before a first appearance judge within 24 hours for bail determination. The State then has 21 days to file formal charges by information (or seek an indictment for a capital charge). Once charged, the case enters the arraignment-pretrial conference-motion hearing cycle. Most false imprisonment cases in Polk County resolve at the pretrial conference level through negotiation. Trials occur when no acceptable offer is made. My standard approach: challenge the sufficiency of the arrest affidavit at first appearance, file a demand for discovery within the first week, investigate the complaining witness’s background and prior statements, and negotiate from a position of strength. I do not rush cases into pleas — I build the record first.

Related Practice Areas

• Violent Crimes Defense — Overview
• Kidnapping Defense — § 787.01
• Domestic Violence Defense
• Aggravated Battery — § 784.045
• Written Threats — § 836.10