Kidnapping, False Imprisonment, Luring or Enticing a Child, Int. with Custody and 787.04

Question 1

_________ means forcibly, secretly, or by threat confining, abducting, or imprisoning another person against her or his will and without lawful authority, with intent to:

1.  Hold for ransom or reward or as a shield or hostage.
2.  Commit or facilitate commission of any felony.
3.  Inflict bodily harm upon or to terrorize the victim or another person.
4.  Interfere with the performance of any governmental or political function.

Answer 1

Kidnapping

Question 2

A person who kidnaps a person is guilty of a _______.

Answer 2

felony of first degree

Question 3

A person who commits the offense of kidnapping upon a child under the age of___ and who, in the course of committing the offense, commits one or more of the following:
1. Aggravated child abuse, as defined in s. 827.03;
2. Sexual battery, as defined in chapter 794, against the child;
3. Lewd or lascivious battery, lewd or lascivious molestation, lewd or lascivious conduct, or lewd or lascivious exhibition, in violation of s. 800.04 or s. 847.0135(5);
4. A violation of former s. 796.03 or s. 796.04, relating to prostitution, upon the child;
5. Exploitation of the child or allowing the child to be exploited, in violation of s. 450.151; or
6. A violation of s. 787.06(3)(g), relating to human trafficking,
Commits a _________.

Answer 3

13

Life Felony

Question 4

______ ___________ means forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against her or his will.

Answer 4

False imprisonment

Question 5

A person who commits the offense of false imprisonment is guilty of a ____________.

Answer 5

felony of the third degree

Question 6

A person who commits the offense of false imprisonment upon a child under the age of __ and who, in the course of committing the offense, commits any offense enumerated in 1subparagraphs 1.-5., commits a __________________, punishable by imprisonment for a term of years not exceeding life or as provided in s. 775.082, s. 775.083, or s. 775.084.

1.  Aggravated child abuse, as defined in s. 827.03;
2.  Sexual battery, as defined in chapter 794, against the child;
3.  Lewd or lascivious battery, lewd or lascivious molestation, lewd or lascivious conduct, or lewd or lascivious exhibition, in violation of s. 800.04 or s. 847.0135(5);
4.  A violation of former s. 796.03 or s. 796.04, relating to prostitution, upon the child;
5.  Exploitation of the child or allowing the child to be exploited

Answer 6

13

felony of the first degree

Question 7

A person 18 years of age or older who intentionally lures or entices, or attempts to lure or entice, a child under the age of 12 into a structure, dwelling, or conveyance for other than a lawful purpose commits a ________________. If convicted of this and does again it is _______________?

Answer 7

misdemeanor of the first degree

felony of third degree

Question 8

A person 18 years of age or older who, having been previously convicted of a violation of chapter 794 (sexual battery), s. 800.04 (lewd), or s. 847.0135(5) (Lewd on Computer), or a violation of a similar law of another jurisdiction, intentionally lures or entices, or attempts to lure or entice, a child under the age of 12 into a structure, dwelling, or conveyance for other than a lawful purpose commits a ______________.

Answer 8

felony of the third degree

Question 9

Whoever, without lawful authority, knowingly or recklessly takes or entices, or aids, abets, hires, or otherwise procures another to take or entice, any minor or any incompetent person from the custody of the minor’s or incompetent person’s parent, his or her guardian, a public agency having the lawful charge of the minor or incompetent person, or any other lawful custodian commits the offense of ___________ and is a felony of what degree?

Answer 9

interference with custody and commits a felony of the third degree

Question 10

Interference with custody
It is a defense that:
(a) The defendant had reasonable cause to believe that his or her action was necessary to preserve the minor or the incompetent person from ______ to his or her welfare. Also if defendant is a victim of domestic violence and took child to prevent exposure to domestic violence.

Answer 10

danger

Question 11

a person who takes a minor or incompetent person under this subsection must: Domestic Violence or for childs protection:
1. Within ________after taking the minor or incompetent person, make a report to the sheriff’s office or state attorney’s office for the county in which the minor or incompetent person resided at the time he or she was taken, which report must include the name of the person taking the minor or incompetent person, the current address and telephone number of the person and minor or incompetent person, and the reasons the minor or incompetent person was taken.

Answer 11

10 days

Question 12

787.04
It is unlawful for any person, in violation of a court order, to lead, take, entice, or remove a minor beyond the limits of this state, or to conceal the location of a minor, with __________________________.

Answer 12

personal knowledge of the order

3rd degree felony

Question 13

787.04
It is unlawful for any person, with criminal intent, to lead, take, entice, or remove a minor beyond the limits of this state, or to conceal the location of a minor, during the pendency of any action or proceeding affecting custody of the minor, after having received notice as required by law of the pendency of the action or proceeding, without the _____________ in which the action or proceeding is pending.

Answer 13

permission of the court

3rd degree felony

Question 14

787.04
It is unlawful for any person to ______ and _____ lead, take, entice, or remove a minor beyond the limits of this state, or to knowingly and willfully conceal the location of a minor, during the pendency of a dependency proceeding affecting such minor or during the pendency of any investigation, action, or proceeding concerning the alleged abuse or neglect of such minor, after having received actual or constructive notice of the pendency of such investigation, action, or proceeding and without the permission of the state agency or court in which the investigation, action, or proceeding is pending.

Answer 14

knowingly and willfully

3rd degree felony

Question 15

787.04
It is unlawful for any person, who has carried beyond the limits of this state any minor whose custody is involved in any action or proceeding pending in this state pursuant to the order of the court in which the action or proceeding is pending or pursuant to the permission of the court, thereafter, to ________the minor in the court or deliver the minor to the person designated by the court.

Answer 15

fail to produce

3rd degree felony

Question 16

787.04
It is a defense under this section that a person who leads, takes, entices, or removes a minor beyond the limits of the state reasonably believes that his or her action was necessary to protect the minor from ____ _____.

Answer 16

child abuse