STATE
v.
SANBORN
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The Supreme Court of Florida held that false imprisonment is a necessarily lesser included offense of kidnapping. This decision resolved a conflict between appellate districts and clarified the relationship between these two offenses under Florida law.
Yes, false imprisonment is a necessarily lesser included offense of kidnapping. The general intent required for false imprisonment is included within the specific intent required for kidnapping.
[1] False imprisonment is a necessarily lesser included offense of kidnapping under Florida law.
[2] The statutory definitions of kidnapping and false imprisonment are identical except for the element of intent.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The term "kidnapping" means forcibly, secretly, or by threat confining, abducting, or imprisoning another person against 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.”
This quote defines the elements of kidnapping under Florida Statute 787.01(1)(a).
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Join FLexlaw to unlock all legal intelligenceThe case involved a petition to review a Third District Court of Appeal decision that found false imprisonment to be a necessarily lesser included off…
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OVERTON, Justice.
This is a petition to review the Third District Court of Appeal's decision Sanborn v. State, 513 So. 2d 1380 (Fla. 3d DCA 1987), in which that court found false imprisonment is a necessarily lesser included *1170 offense of kidnapping, and in so doing acknowledged conflict with Williamson v. State, 510 So. 2d 335 (Fla. 4th DCA 1987). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. We approve the decision of the Third District in the instant case and disapprove Williamson.
The pertinent parts of section 787.01, Florida Statutes (1987), concerning the offense of kidnapping provide:
(1)(a) The term "kidnapping" means forcibly, secretly, or by threat confining, abducting, or imprisoning another person against 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.
The pertinent parts of section 787.02, Florida Statutes (1987), concerning false imprisonment similarly provide:
(1)(a) The term "false imprisonment" means forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against his will with any purpose other than those referred to in s. 787.01.
The Florida Standard Jury Instructions in Criminal Cases list false imprisonment as a category one necessarily lesser included offense of the crime of kidnapping and require those instructions be given. See Fla.Std. Jury Instr. (Crim.) at 260. Accord Cabe v. State, 408 So. 2d 694 (Fla. 1st DCA 1982), review denied, 435 So. 2d 821 (Fla. 1983). A comparison of sections 787.01(1)(a) and 787.02(1)(a) reveals they are identical except for the question of intent. We find the general intent of section 787.02(1)(a)(false imprisonment) is included in the specific intent of section 787.01(1)(a)(kidnapping), consequently false imprisonment is a necessarily lesser included offense.
Accordingly, we find false imprisonment is a necessarily lesser included offense of the crime of kidnapping and approve the decision of the Third District in the instant case, while disapproving the decision of the Fourth District in Williamson.
It is so ordered.
EHRLICH, C.J., and McDONALD, BARKETT, GRIMES and KOGAN, JJ., concur. SHAW, J., concurs in result only.
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Citator
Cited By (29 total)
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Crain v. State, 894 So. 2d 59 (Fla. 2004)…arged, the appellate court shall reverse the judgment and direct the trial court to enter judgment for the lesser degree of the offense or for the lesser included offense. . False imprisonment does not require specific intent. See State v. Sanborn, 533 So. 2d 1169, 1170 (Fla.1988) (concluding that the general intent of false imprisonment is included in the specific intent of kidnapping). Section 787.02, Florida Statutes (1997), provides in pertinent part: (l)(a) The term "false imprisonment” means forcibly,…
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Boris McKINNEY v. State, 579 So. 2d 80 (Fla. 1991)…gave an instruction on kidnapping. However, the trial court’s failure to [*84] instruct on the lesser-included offense of false imprisonment is not preserved for review unless the trial counsel objects to the instruction given. See State v. Sanborn, 533 So. 2d 1169 (Fla.1988); Parker v. Dugger, 537 So. 2d 969 (Fla.1988); Jones v. State, 484 So. 2d 577 (Fla.1986). McKinney’s failure to request the instruction on false imprisonment and his failure to object to the trial court’s failure to include it procedurally…
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State v. Sanborn, 533 So. 2d 1169 (Fla. 1988)…533 So. 2d 1169 (1988) STATE of Florida, Petitioner, v. Russell SANBORN, Respondent. No. 71416. Supreme Court of Florida. November 23, 1988. Robert A. Butterworth, Atty. Gen. and Michael J. Neimand, Asst. Atty. Gen., Miami, for petitioner. John H. Lipinski, Sp…
Previewing 3 of 29 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Sanborn, 533 So. 2d 1169 (Fla. 1988)
- Williamson v. State, 510 So. 2d 335 (Fla. 4th DCA 1987)
- State v. Cabe, 435 So. 2d 821 (Fla. 1983)
- Sanborn v. State, 513 So. 2d 1380 (Fla. 3d DCA 1987)
- Cabe v. State, 408 So. 2d 694 (Fla. 1st DCA 1982)