The crime of false imprisonment is a felony under both State and Federal
law. False imprisonment is a restraint of a person in a particular area
without justification or consent and it applies to private as well as
Under Federal law, false imprisonment is when one unlawfully seizes, confines,
inveigles, decoys, kidnaps, abducts, or carries away and holds for ransom
or reward or otherwise any person, except in the case of a minor by the
parent thereof, when the person is willfully transported in interstate or foreign commerce,
regardless of whether the person was alive when transported across a State
boundary, or the offender travels in interstate or foreign commerce or
uses the mail or any means, facility, or instrumentality of interstate
or foreign commerce in committing or in furtherance of the commission
of the offense;
any such act against the person is done within the special maritime and
territorial jurisdiction of the United States; any such act against the person is done within the special aircraft jurisdiction
of the United States; the person is a foreign official, an internationally protected person,
or an official guest; the person is among those officers and employees and any such act against
the person is done while the person is engaged in, or on account of, the
performance of official duties.
To be convicted under Federal law of false imprisonment, the government
must prove, beyond a reasonable doubt, that: 1. transportation in interstate
commerce; 2. of an unconsenting person who is; 3) held for ransom, reward,
or otherwise, and 4) the acts were done knowingly and willingly.
Conviction of this offense in Federal court is a felony and is punishable
by a term of imprisonment for any amount of years up to, and including
LIFE. If death of the victim occurs, it is punishable by DEATH or LIFE
imprisonment. If the victim of this offense has not attained the age of
eighteen years; and the offender has attained such age and is not
an aunt; an uncle; or
an individual having legal custody of the victim, it is punishable by a
term of imprisonment of no less than 20 years.
Under Florida State law, false imprisonment is when one forcibly, by threat,
or secretly confines, abducts, imprisons, or restrains another person
without lawful authority and against his or her will. Confinement of a
child under the age of 13 against his or her will is presumptively false
imprisonment without the consent of his or her parent or legal guardian.
To be convicted under Florida State law of false imprisonment, the State
must prove, beyond a reasonable doubt, that: 1. the defendant forcibly,
secretly, by threat, confined, abducted, imprisoned, or restrained the
victim against his or her will; and 2. the defendant had no lawful authority to do so.
Conviction of this offense is a felony of third degree and is punishable
by a fine not to exceed $5,000 and/or a term of imprisonment not to exceed
5 years. A person who commits the offense of false imprisonment upon a
child under the age of 13 and who, in the course of committing the offense
commits aggravated child abuse; sexual battery against the child; lewd
or lascivious battery, lewd or lascivious molestation, lewd or lascivious
conduct, or lewd or lascivious exhibition; prostitution, upon the child;
exploitation of the child or allowing the child to be exploited; or relating
to human trafficking has committed a felony of the first degree. Conviction
of this offense is punishable by a fine not to exceed $10,000 and/or a
term of imprisonment not to exceed 30 years.
Attorney Petruzzi has years of experience defending those charged with
false imprisonment. It is important for one to hire an experienced attorney
when faced with this type of charge. Attorney Petruzzi’s knowledge
and expertise in this field of law is a vital asset to anyone charged
with this crime. Call today for a free consultation.