Fla. Std. Jury Instr. (Crim.) 9.1

§ 787.01, Fla. Stat.

To prove the crime of Kidnapping, the State must prove the following three elements beyond a reasonable doubt:

1. (Defendant) [forcibly] [secretly] [by threat]

[confined]

[abducted]

[imprisoned]

(victim) against [his] [her] will.

2. (Defendant) had no lawful authority to do so.

3. (Defendant) acted with intent to:

Give 3a, 3b, 3c, or 3d as applicable. If 3b is given, define applicable felony.

a. hold (victim) for ransom or reward or as a shield or hostage.

b. commit or facilitate the commission of (applicable felony).

c. inflict bodily harm upon or to terrorize (victim) or another person.

d. interfere with the performance of any governmental or political function.

Give when 3b is alleged. Faison v. State, 426 So. 2d 963 (Fla. 1983).

To be Kidnapping, the [confinement] [abduction] [imprisonment]

a. must not be slight, inconsequential, or merely incidental to the (applicable felony);

b. must not be of the kind inherent in the nature of the (applicable felony); and

c. must have some significance independent of the (applicable felony) in that it makes the (applicable felony) substantially easier of commission or substantially lessens the risk of detection.

Give if applicable. Bishop v. State, 46 So. 3d 75 (Fla. 5th DCA 2010).

“Secretly” means the defendant intended to isolate or insulate (victim) from meaningful contact or meaningful communication with the public.

Read only if confinement is alleged and victim is under 13 years of age.

Confinement of a child under the age of 13 is against the child’s will if such confinement is without the consent of the child’s parent or legal guardian.

If a violation of § 787.01(3), Fla. Stat., is charged, instruct as follows:

If you find the defendant guilty of Kidnapping, you must also determine whether the State has proved the following aggravating circumstances beyond a reasonable doubt:

1. At the time of the Kidnapping, (victim) was under 13 years of age;

and

2. In the course of committing the Kidnapping, (defendant) committed [an Aggravated Child Abuse] [a Sexual Battery against (victim)] [a Lewd or Lascivious Battery] [a Lewd or Lascivious Molestation] [a Lewd or Lascivious Conduct] [a Lewd or Lascivious Exhibition] [a Procuring a Child for Prostitution upon (victim)] [a Forcing, Compelling, or Coercing Another to Become a Prostitute upon (victim)] [an Exploitation of a Child upon (victim)] [Human Trafficking for Commercial Sexual Activity in which [a Child under the Age of 18] [an adult believed by the defendant to be a child younger than 18 years of age] [a Mentally Defective Person] [or] [a Mentally Incapacitated Person] was Involved] [Capital Human Trafficking of Vulnerable Persons for Sexual Exploitation]. Define applicable felony unless included in other instructions.

If the State has charged and is seeking the adult-on-minor sex offense multiplier in § 921.0024, Fla. Stat., instruct as follows. Alleyne v. United States, 133 S. Ct. 2151 (2013).

If you find the defendant guilty of Kidnapping, you must also determine whether the State has proved the following four elements beyond a reasonable doubt:

1. At the time of the Kidnapping, (defendant) was 18 years of age or older.

2. At the time of the Kidnapping, (victim) was younger than 18 years of age.

3. The Kidnapping was committed on or after October 1, 2014.

4. In the course of committing the Kidnapping, (defendant) committed [Sexual Battery] [Lewd or Lascivious Battery] [Lewd or Lascivious Molestation] [Lewd or Lascivious Conduct] [Lewd or Lascivious Exhibition] [Lewd or Lascivious Exhibition Over a Computer Service] against (same victim as in element #2). Define applicable felony unless included in other instructions.

§ 787.001, Fla. Stat. Give only if applicable.

The defendant’s ignorance of (victim’s) age is not a defense. Additionally, the misrepresentation of (victim’s) age by any person or the defendant’s genuine belief that (victim) was over a specified age is not a defense.

Lesser Included Offenses*

KIDNAPPING* — 787.01

CATEGORY ONE

CATEGORY TWO

FLA. STAT.

INS. NO.

False imprisonment**

787.02

9.2

Attempt

777.04(1)

5.1

Aggravated assault

784.021

8.2

Battery

784.03

8.3

Assault

784.011

8.1