(140) What's the difference between False Imprisonment & Kidnapping? | Michael Haber Miami Lawyer
Channel: Michael Haber
Date: 2016-10-28

What is the difference between Kidnapping and False Imprisonment in FL?

Kidnapping and False Imprisonment are related crimes (in fact False Imprisonment is a “lesser included offense” of the more serious crime of kidnapping) but the line between these two crimes can be quite subtle, and the State will often choose to charge Kidnapping, even when they ultimately only prove False Imprisonment because of the huge difference in penalties.    

The main differences between the offenses is that kidnapping requires that you move a person, that you transport them in some manner, and also that you have the intent to commit or to facilitate a felony at that time.  Unlike False Imprisonment, Kidnapping is always a crime and never involves monetary damages. 

False imprisonment doesn’t require moving a person; merely that you confine them without consent. Not only is False Imprisonment a crime but it is also a tort (or a civil wrong for which you can get money damages.

False Imprisonment is a 3rd degree felony and is punishable by a maximum of 5 years in state prison whereas Kidnapping is False Imprisonment on steroids, it is a 1st degree felony and is punishable by a minimum of 48 months and a maximum of life in state prison.

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