A man pointed a gun at a 13-year-old at a Manatee County, Florida school bus stop and ordered the boy into his pickup truck. The boy, whose school uniform jacket was held together by a safety pin, took the safety pin out and stuck it in his mouth because he thought he might need it. The man stuffed the boy’s mouth with one of his socks, taped his hands and mouth and left him in the man’s home. The man wanted to collect a ransom, according to law enforcement.

The boy worked the tape off his mouth and spit out the sock and safety pin, when the kidnapper was not around. He used the safety pin to gnaw off his tape, and the boy escaped. The man was charged with kidnapping. Manatee County authorities believed the man escaped back to Mexico.

Florida Criminal Kidnapping Law

Florida kidnapping law describes the crime as “confinement of a child under the age of 13 against her or his will” and “without the consent of her or his parent or legal guardian.” If someone is found guilty of kidnapping charges in Florida, he is guilty of a felony crime and can be sentenced to a prison term of several years to life. Florida law provides that an individual guilty of a kidnapping charge cannot be sentenced to more than a life sentence for this charge.

Florida kidnapping law can be even more complicated. The law further provides that an individual guilty of kidnapping who also commits one of the following, has committed an automatic life felony:

• Sexual battery against the child
• Child abuse
• Lewd or lascivious molestation
• Prostitution of the child
• Child exploitation

Florida Kidnapping Defense

If an individual is charged with kidnapping in Florida, a qualified Florida criminal attorney can assist with filing appropriate paperwork and completing an appropriate defense. Florida kidnapping law provides for several defenses to a kidnapping charge in the state:

• If the charged individual believes that taking the child was needed to protect the child from danger or to preserve his welfare
• If the charged individual was a domestic violence victim or believed that taking the child was an important way to protect himself from domestic violence
• If the child was taken without enticement and on his own efforts

© Attorneys Online™, Inc. | Law Firm Newsletter Provided by Attorneys Online™, Inc.